Digital Commons Network^™

The Power And Peril Of The Aca’S Universality At Fifteen, Nicole Huberfeld

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Taking The Lex Mercatoria To Space, Tatiana Sainati

Arbitration Law Review (2009 - Present)

No abstract provided.

Take Your Time: Arbitration Award Timing In India, Spencer Morrisroe Warren

Arbitration Law Review (2009 - Present)

No abstract provided.

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Red 40 Riot: An Interdisciplinary Perspective On The Fight For Food Additive Regulation, Margaret Q. Gray

Honors Theses

This paper explores the chemical, business, and governmental influences that impact the perception and future of Red 40. This inquiry was inspired by the increasing trends towards health-conscious consumer preferences and the 2025 Red 3 ban. This thesis examines foundational research, modern sources, and public-facing articles to create a comprehensive understanding of both sides of the argument in support of and against regulation. The paper concludes that a three-pronged approach would be ideal to target each key perspective included: chemistry, business, government. The approaches include confirming chemical research method validity, encouraging governmental regulation, and corporate accountability and enforcement. The paper …

The Unitary Executive And The Federal Reserve, Lev Menand

Faculty Scholarship

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation — known as the unitary executive theory (UET) — would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the …

¿Salvar El Mundo O Las Notas? Mahō Shōjo En El Contexto De La Reforma Educativa Lomloe, Daniel Romero Benguigui

Journal of Roleplaying Studies and STEAM

La década de los 90 supuso la apertura cultural japonesa, pues sería cuando las producciones anime se realizaron para ser visionadas en el extranjero, lo que llevaría a la globalización de unas narrativas asentadas en la sociedad japonesa. Esto queda manifiesto en la distinción shonen/shojo, siendo el primero un producto dirigido, respectivamente, a una audiencia juvenil masculina o femenina, siguiendo la demografía nipona mediante una serie de temas y referencias que, para el resto de países y sus comunidades, no podían interpretarse del mismo modo, fomentando una lectura propia.

Un ejemplo de ello se localiza en Sailor Moon (1991), …

The Quiet Revival Of The Effective Vindication Of Rights Doctrine, Myriam Gilles

Fordham Law Review

The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum.” By upholding a class action–banning arbitration provision that rendered arbitration economically irrational, Italian Colors appeared to extinguish any meaningful limits on the enforcement of arbitration agreements.

But reports of the doctrine’s demise were premature. This Article uncovers how, in the decade since Italian Colors, lower …

The Glomar Of It All: The Role Of External Disclosures In Agency Refusals To Confirm Or Deny Under Foia, Claire Paulanne Kurzweil

Fordham Law Review

The Freedom of Information Act (FOIA) requires federal agencies to disclose records upon request from the public, subject to statutory exemptions. Increasingly, agencies have relied on a nonstatutory mechanism, known as the Glomar response, to avoid disclosure. This mechanism, which allows agencies to refuse to confirm or deny the very existence of records, prevents courts and FOIA requesters from receiving even the basic information necessary for judicial review. As courts attempt to adapt FOIA’s review framework to the increased evidentiary constraints of Glomar responses, they are divided over whether to consider disclosures from outside the agency responding to the FOIA …

Rethinking The Scope Of State Power: Territorial Jurisdiction, Popular Sovereignty, And Extraterritorial Legislation, Jeffrey Schmitt

William & Mary Law Review

The Supreme Court applies the territorial framework of international law to resolve disputes over the reach of state power. Under this framework, a state’s power is coterminous with its borders, such that a state’s regulatory power within its territory is limited only by federal law. The Court recently used this framework to overrule an obscure line of Dormant Commerce Clause cases that held that a state regulation of local conduct could have impermissible extraterritorial effects.

This Article argues that the territorial model of state power from international law does not account for the division of sovereignty within our federal system. …

Too Cruel For School: How Parental Rights Doctrine Can Help Protect Against Book Bans, Tessa K. Wild

William & Mary Law Review

This Note argues that parents’ rights protections are crucial to protecting against broad censorship in public schools, and that if states want to effectively regulate book removals, they should preemptively adopt laws similar to Minnesota’s section 134.51.

[...]

Part I of this Note will provide background information about book removals as a freedom of speech issue, as well as a history of how parents’ rights rhetoric is tied to book-removal issues. Part II will address both the history and legal standards of parents’ rights protections. Finally, Part III, using Minnesota and Utah as case studies, will apply parents’ rights law …

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

The Artificial Artist: Considering Ai’S Impact On Image Copyright, Alyse Mandelblatt

Communication Undergraduate Honors Theses

This thesis seeks to create empirical results to ground what has been a largely theoretical discussion about the effect of artificial intelligence (AI) on copyright law in the United States. AI has disrupted traditional ideas of creativity and expression, which are vital communication tools. Copyright is a regulatory agent to encourage the production of unique communication products by giving owners complete rights to their work. Copyright principles conflict with current AI model training practices. This research considers how AI literacy may provide insight into copyright knowledge and AI attitudes for prediction of how common law and AI regulation policy may …

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …

How Maine Beat Strict Scrutiny, Nicholas Glover Esq.

Bates College Undergraduate Law Review

No abstract provided.

The Paradox Of Equal Protection: Anti-Subordination Rhetoric In Service Of Anti-Classification Ends, Aanya Ghosh

Bates College Undergraduate Law Review

This article examines the evolution of Equal Protection jurisprudence through the competing lenses of anti-classification and anti-subordination. Anti-classification holds that the Constitution prohibits governmental use of racial categories regardless of purpose; anti-subordination holds that the Equal Protection Clause targets the perpetuation of racial hierarchy rather than the mere use of racial categories. Beginning with the foundational ambiguity of Brown v. Board of Education (1954) and tracing the doctrinal trajectory through Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), Parents Involved in Community Schools v. Seattle School District No. 1 (2007), and Students for Fair Admissions …

The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis, Diana Silfiani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study aims to examine music publishers as managers of song and music copyrights in Indonesia. Although music publishers are legally recognized as part of the rights holders, in practice they demonstrate distinct and broader characteristics, functions, and roles compared to other rights holders. Due to the absence of clear and comprehensive regulations under Indonesian law, this study compares the legal framework governing music publishers in Indonesia with those in the United States and South Korea to seek comparable regulations. The analysis adopts a qualitative approach, using normative juridical research and a prescriptive typology to propose alternative solutions to the …

Human Dignity In The Foundational Political Documents Of The United States, Kalista Roades

Honors Theses

Human dignity is integral to modern discussions of human rights and liberties, but this connection can be found stretching back through history to the early developments of human rights. This paper begins with modern philosophical definitions of human dignity, especially from Rosen and Kateb. Rosen discusses four “strands” of dignity- Intrinsic Dignity, Status Dignity, Manner Dignity, and Respect Dignity. This paper then uses that framework to find human dignity implicit within the founding documents of the United States including the Declaration of Independence, the Constitution, and the Bill of Rights, as well as “Common Sense” and the Magna Carta to …

Bates College Undergraduate Law Review: Volume Iii, Issue I, Spring 2026, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

Copyright On Stage: Protecting The Directions Behind The Performance, Eliana Sakin

The Journal of Business, Entrepreneurship & the Law

In this comment, the author argues that theatrical stage directions should be recognized as copyrightable material under the U.S. Copyright Act, primarily by categorizing them as "choreographic works". Sakin highlights that while the 1976 Copyright Act explicitly protects choreography and pantomimes, stage directions—which serve as the "blueprints" for a production's blocking, technical cues, and artistic mood—currently exist in a legal gray area. Through an analysis of historical context and industry disputes, such as the Urinetown and The Most Happy Fella settlements, the author illustrates a growing industry recognition of a director’s staging as a protectable, original contribution, despite the lack …

Sengketa Bersenjata Non Internasional, Sulaiman Sulaiman

Jurnal Hukum & Pembangunan

Abstract

Weaknesses Of Opponents, Strengths Of The Taliban: The Success Of The Taliban Insurgency, Isabella Ryan

Bates College Journal of Political Studies

How did the Taliban insurgency succeed in gaining control of the Afghan state in 2021 following the collapse of the Taliban regime in 2001? This paper argues that the Taliban’s success resulted from two key dynamics: the weaknesses of opponents and strengths of the Taliban. The Afghan State was undermined by governance failures including the 2004 Constitution, overcentralization, lack of rural governance, corruption, and a dependence on foreign aid. These internal weaknesses were compounded by international policy failures, including the Bonn Agreement, inconsistent counterinsurgency (COIN) and counterterrorism (CT) strategies, the failed peace process design embedded in the Doha Agreement, and …

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Evaluating Drug Use Through Examination Of Local Water Sources: Drug Concentrations Within Biota Systems, Madeleine Freyhof

Honors Projects

Understanding drug usage based on drug concentrations found within biota samples grown in different concentrations of cocaine and benzoylecgonine. Drug policy then can be potentially based on how drug concentrations display drug usage for a specific community.

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

Artificial Meaning?, Thomas R. Lee, Jesse Egbert

Florida Law Review

The textualist turn is increasingly an empirical one—an inquiry into ordinary meaning in the sense of what is commonly or typically ascribed to a given word or phrase. Such an inquiry is inherently empirical. And empirical questions call for replicable evidence produced by transparent methods—not bare human intuition or an arbitrary preference for one dictionary definition over another. Both scholars and judges have begun to make this turn. They have started to adopt the tools used in the field of corpus linguistics—a field that studies language usage by examining large databases (corpora) of naturally occurring language.

This turn is now …

The Illusory Normativity Of Rights-Based Ai Regulation, Yiyang Mei, Matthew Sag

Indian Journal of Law and Technology

Whether and how to regulate AI is now a central question of governance. Across academic, policy, and international legal circles, the European Union is widely treated as the normative leader in this space. Its regulatory framework, anchored in the General Data Protection Regulation, the Digital Services and Markets Acts, and the AI Act, is often portrayed as a principled model grounded in fundamental rights. This Article challenges that assumption. We argue that the rights-based narrative surrounding EU AI regulation mischaracterises the logic of its institutional design. While rights language pervades EU legal instruments, its function is managerial, not foundational. These …

50 Years Of Constitutional Judicial Review In The United Arab Emirates: Key Features, Nisrine Abiad

Proche-Orient, Études juridiques

On the 50th anniversary of the enshrinement of judicial review within the UAE Constitution, this paper explores its main features. The analysis of the constitutional provisions and the jurisprudence of the Federal Supreme Court reveals that constitutional judicial review in the UAE is intrinsically rooted in federalism as it is mainly designed as a tool preserving the adjudication of powers between federal and local authorities. It is nevertheless also destined by the Constitution for a wider purpose of constitutional justice endorsing the individuals and the courts as key players in its process.