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The University of Chicago Legal Forum @uchilegalforum.bsky.social · 17d

On our first day of classes for the 2025 Autumn Quarter, please join us in welcoming the newest members of The University of Chicago Legal Forum!

The University of Chicago Legal Forum @uchilegalforum.bsky.social · Apr 24

The University of Chicago Legal Forum is excited to announce the topic for its 2026 Volume and Symposium:

Authority, Oversight, and Accountability

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Feb 12

We are thrilled to share The University of Chicago Legal Forum’s 2025-2026 Editorial Board. Congratulations!

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Reposted by The University of Chicago Legal Forum

Scott R. Anderson @sranderson.bsky.social · Jan 31

Happy to have been able to contribute to this @uchilegalforum.bsky.social symposium!

My piece on "War Powers and the Return of Major Power Conflict" is available here: legal-forum.uchicago.edu/print-archiv...

The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

The Legal Forum’s 2024 Volume, "Reimagining National Security," is now available online! You can read each author’s piece on the Legal Forum website here: legal-forum.uchicago.edu

You can also find all the pieces as they appear in print on Chicago Unbound: chicagounbound.uchicago.edu/uclf/

The University of Chicago Legal Forum

The University of Chicago Legal Forum is a journal of legal scholarship edited by students of The University of Chicago Law School.

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "How Civil Aiding and Abetting Liability for Terrorist Activities Applies to Social Media Companies—And How it Does Not" now: legal-forum.uchicago.edu/print-archiv...

How Civil Aiding and Abetting Liability for Terrorist Activities Applies to Social Media Companies—And How it Does Not | The University of Chicago Legal Forum

The 2023 Supreme Court case Twitter v. Taamneh found that defendant social media companies were not liable for aiding and abetting a terrorist attack overseas. The Court alluded to the existence of an...

legal-forum.uchicago.edu

The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Nathaniel Parr argues that, after Twitter v. Taamneh, it is nearly impossible to impose liability upon social media companies for aiding terrorism. As such, alternative solutions are needed to encourage social media sites to heighten their detection of terrorist activity.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "TakeTok: Does a TikTok Ban Violate the Takings Clause?" now: legal-forum.uchicago.edu/print-archiv...

TakeTok: Does a TikTok Ban Violate the Takings Clause? | The University of Chicago Legal Forum

In 2024, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which required TikTok’s parent company ByteDance to sell TikTok to a company in a ...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Kevin Marien argues that the law used to ban TikTok and other foreign apps does not violate the Constitution’s Takings Clause, even if it results in a total diminution of value, because of the Supreme Court’s contraband and national security exceptions to the Takings Clause.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Seeking the Divine: A Proposed Methodology of Religion to Resolve Adjudications Over the Nexus Inquiry in Religious Asylum Claims" now: legal-forum.uchicago.edu/print-archiv...

Seeking the Divine: A Proposed Methodology of Religion to Resolve Adjudications Over the Nexus Inquiry in Religious Asylum Claims | The University of Chicago Legal Forum

Under the Immigration and Nationality Act (INA), individuals who have experienced past persecution or fear future persecution because of their religious beliefs can apply for asylum in the United Stat...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Saloni S. Jaiswal addresses a circuit split on the necessary causal connection to persecution for asylum claims. She proposes a four-part definitional methodology of religion and argues that a but-for causation standard is sufficient for religious asylum claims.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Scrutinizing National Security: A Call for Clear and Convincing Evidence in § 1226(a) Prolonged Detention Cases" now: legal-forum.uchicago.edu/print-archiv...

Scrutinizing National Security: A Call for Clear and Convincing Evidence in § 1226(a) Prolonged Detention Cases | The University of Chicago Legal Forum

A noncitizen detained under 8 U.S.C. § 1226(a) may be detained indefinitely until her removal order is finalized. Detainees have challenged prolonged detention following a detainee’s bond hearing on F...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Rosie Gruen argues that, when applying Mathews v. Eldridge to detentions of noncitizens, the government should be required to prove by clear and convincing evidence the existence of a national security interest and a direct connection between the interest and the detention.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Adjusting Immunity for Unconstitutional Torts" now: legal-forum.uchicago.edu/print-archiv...

Adjusting Immunity for Unconstitutional Torts | The University of Chicago Legal Forum

Sovereign immunity protects the government from liability arising in suits brought against it by citizens. The Federal Tort Claims Act (FTCA) broadly waives sovereign immunity for tort claims against ...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Liam Grah argues that the discretionary function exception to the FTCA should apply to unconstitutional tortious conduct only when the challenged acts violate clearly established constitutional rights that a reasonable officer would have known.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Water Security in the Wake of Arizona v. Navajo Nation: How the President’s Emergency Powers Can Provide a Path Forward for the Navajo Nation" now: legal-forum.uchicago.edu/print-archiv...

Water Security in the Wake of Arizona v. Navajo Nation: How the President’s Emergency Powers Can Provide a Path Forward for the Navajo Nation | The University of Chicago Legal Forum ...

In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation’s water security. The decision offe...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Arizona v. Navajo Nation held that the United States has no obligation to ensure the water security of the Navajo Nation. In response, Kelly Bridges identifies the Stafford Act as the best prospect for the Navajo to advance their water rights.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "'Sportswashing' as a National Security Concern: The Role of the Committee on Foreign Investment in the United States (CFIUS)" now: legal-forum.uchicago.edu/print-archiv...

“Sportswashing” as a National Security Concern: The Role of the Committee on Foreign Investment in the United States (CFIUS) | The University of Chicago Legal Forum

This Comment argues that foreign investment in domestic sporting institutions presents a novel, legitimate threat justifying executive attention. This Comment posits that sports are not simply a form ...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

"Sportswashing" is an increasingly popular, and murky, label used to criticize unpopular investments in the sports world. Luke Bianco examines the practice from a legal perspective, articulating a framework to analyze the practice’s potential national security implications.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Extraction, Retention, and Use: Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border" now: legal-forum.uchicago.edu/print-archiv...

Extraction, Retention, and Use: Applying Use-Restrictions to Fourth Amendment Forensic Electronic Device Search Doctrine at the Border | The University of Chicago Legal Forum

Annually, agents collect the forensic digital data of over 40,000 international travelers. This Comment addresses the splintering doctrine between the First, Fourth, Ninth, and Eleventh Circuits regar...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Daniel Vicente Alayo-Matos resolves a circuit split on the level of suspicion needed for CPB to extract data from travelers at the border under the Fourth Amendment by suggesting that CPB should need different levels of suspicion for extraction, storage, and use of traveler data.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Big Data as a National Security Issue" now: legal-forum.uchicago.edu/print-archiv...

Big Data as a National Security Issue | The University of Chicago Legal Forum

This Article considers the national security implications of the legal vacuum concerning modern enhancements of data mining. Its key insight is to distinguish big data as an emergent entity from the c...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

@pbs3.bsky.social argues that big data has developed in a legal vacuum, which presents national security threats when it is targeted or used. Instead, we should bring order to big data by treating it as an emergent system governed by property rules that apply to the system as a whole.

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

Read "Terrorism, Not Treason: The Rise and Fall of Criminal Charges" now: legal-forum.uchicago.edu/print-archiv...

Terrorism, Not Treason: The Rise and Fall of Criminal Charges | The University of Chicago Legal Forum

This Article advances both legal and sociocultural explanations for the near absence of treason charges in the “war on terror” and the implications for addressing political violence. On the legal side...

legal-forum.uchicago.edu

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The University of Chicago Legal Forum @uchilegalforum.bsky.social · Jan 31

@ssinnar.bsky.social examines the absence of treason charges during the War on Terror and advances two explanations: legally, terrorism charges contain fewer legal limits than treason charges; socioculturally, terrorism charges imply a lack of belonging to a political community.

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