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Reimagining National Security
Resilience for a Digital Age
Danielle Keats Citron
Jefferson Scholars Foundation Schenck Distinguished Professor in Law, University of Virginia School of Law; Vice President, Cyber Civil Rights Initiative; 2019 MacArthur Fellow

For helpful comments and conversations, we thank Ryan Calo, Louis Citron, Woodrow Hartzog, Spencer Overton, Richard Re, Shirin Sinnar, Ari Waldman, and John Woods. We are also grateful to participants in The University of Chicago Legal Forum’s Symposium on “Reimagining National Security,” the Multi-Racial Democracy and AI Panel at the American Association of Law Schools meeting, the University of Pittsburgh’s seminar series on the Future of Law in Technology and Governance, and the 7th Annual North American Environment, Energy, and Natural Resources Conference at the University of Houston Law Center, where Eichensehr’s keynote address explored some of the points in this piece. For excellent research assistance, we thank Samantha Blond, Alexander Chen, Toluwani Ojuola, and librarian extraordinaire Kate Boudouris, and thanks to the editors of The University of Chicago Legal Forum for great suggestions and careful editing.

Kristen E. Eichensehr
David H. Ibbeken ‘71 Research Professor of Law, University of Virginia School of Law; Samuel Willison Visiting Professor of Law, Harvard Law School (2024-25).

A resilience agenda is an essential part of protecting national security in a digital age. Emphasizing resilience offers several benefits: 1) Resilience is threat agnostic or at least relatively threat neutral; 2) its inward focus emphasizes actions under the control of a targeted country, rather than attempting to change behaviors of external adversaries; and 3) because resilience can address multiple threats simultaneously, it may be less subject to politicization. This Article identifies tactics to bolster resilience against digitally enabled threats across three temporal phases: anticipating and preparing for disruptions, adapting to and withstanding disruptions, and recovering from disruptions. This Article concludes that a resilience strategy is ours to imagine and pursue, and doing so is a crucial step to strengthen national security for a digital age.

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Reimagining National Security
Big Data as a National Security Issue
Paul B. Stephan
John C. Jeffries, Jr., Distinguished Professor of Law and Senior Fellow, Miller Center of Public Affairs, University of Virginia.

I am grateful to Stewart A. Baker, Ashley S. Deeks, and Kristen Eichensehr for comments and criticism, and to the editors of The University of Chicago Legal Forum for their thoughtful and helpful suggestions. Responsibility for errors, blunders, and misjudgments remains mine alone. My work as Special Counsel to the General Counsel of the U.S. Department of Defense encompassed some of the issues I discuss here, but I do not rely on or otherwise make use of any privileged or classified information that came my way. The views found here are entirely my own and should not be attributed to the U.S. government or the Department of Defense.

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 countless events that constitute collectable information. The distinction allows us to think separately about the property entitlements and regulatory constraints attributable to the elements and the systems. This analytical step in turn clarifies which legal approaches may advance national security interests consistent with other values and commitments.

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Law for the Next Pandemic
Four Futures for U.S. Pandemic Policy
Daniel Hemel
Professor of Law, University of Chicago Law School; Visiting Professor of Law, New York University School of Law.

Thanks to Daniel Rodriguez, Crofton Kelly, Dylan Moore, and Alan‌ Rozenshtein for thoughtful comments.

In the spring of 2020, when the editors of The University of Chicago Legal Forum chose “Law for the Next Pandemic” as the theme for their upcoming fall symposium, the title seemed rather pessimistic. Really, we’re going to have to do all of this again?

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Law for the Next Pandemic
COVID-19: Isolating the Problems in Privacy Protection for Individuals with Substance Use Disorder
Kimberly Johnson
B.A., Washington University in St. Louis, 2017; J.D. Candidate, The University of Chicago Law School, 2022.

Thank you to the many mentors who have inspired me along the way; this Comment marks the beginning of a lifetime of legal learning. Another huge thank you to my family and the members of the 2021–22 Board of The University of Chicago Legal Forum for their support.

This Comment evaluates the extent to which the CARES Act Modifications sustainably balance individual privacy expectations with strong public interests in obtaining SUD records and integrated care. Moreover, it suggests avenues to fill gaps in protection for individuals with SUD after their information has been disclosed.

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The Body
Don't Believe Your Eyes: Fighting Deepfaked Nonconsensual Pornography with Tort Law
Moncarol Y. Wang
B.S., 2018, University of California, Berkeley; J.D. Candidate, 2023, The University of Chicago Law School.

Thanks to Professor Brian Leiter and the team at The University of Chicago Legal Forum for advice throughout the Comment process.

This Comment will analyze deepfakes in the interpersonal con-text—specifically the use of technology to make deepfaked nonconsensual pornography. Because deepfake images and videos appear so real, the scale of potentially negative impact is especially alarming.

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The Body
The Case Against Reason-Based Abortion Bans
Gray Sutton
B.A., The University of Chicago, 2020; J.D. Candidate, The University of Chicago Law School, 2023.

This Comment wouldn’t exist without the prodding guidance of Professor Geoffrey Stone, nor the incredible support from Kathleen Schmidt, Kimberly Johnson, and the rest of the staff of The University of Chicago Legal Forum.

Absent from the docket, and flying under the public’s radar, was another, different form of abortion restriction: the reason-based abortion ban. This Comment will focus on the possible constitutional justifications for these laws and subsequently undermine them.

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The Body
Fixing the Powerhouse of the Cell: Challenging the FDA's Prohibition of Mitochondrial Replacement Therapy
Kendall Bryant
B.S., Florida State University, 2019; J.D. Candidate, The University of Chicago Law School, 2023.

I would like to thank Professor Emily Buss and the former and current staff of the Legal Forum for their thoughtful feedback and guidance on this piece. I am also grateful for the support from my friends and family along the way.

Many women long to be mothers one day. Motherhood can take different forms; it can be adopting children, birthing biological children, or nurturing a stepchild, to name a few options. Some women who want biologically related children run a high risk of their children being born with an incurable disease, endangering their chance for biological children to lead healthy lives.

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The Body
No Money Allowed
Kimberly D. Krawiec
Charles O. Gregory Professor of Law and Sullivan and Cromwell Professor of Law, University of Virginia.

Observers have long debated the propriety of certain market exchanges involving the body, including prostitution, organ and gamete selling, commercial surrogacy, and blood and plasma markets, so called “contested commodities” or “taboo trades.” Although such disputes about the nature of market boundaries are long-standing, particularly in the context of the human body, recent years have seen a renewed focus on the ways in which attitudes about the proper scope of commercial exchange shape markets—and, indeed, dictate whether exchange for money occurs at all.