Digital Commons Network^™

Gamesmanship In Civil Litigation, Edith Beerdsen

Georgia Law Review

In civil litigation, strategy is everywhere. Some of it is explicitly envisioned by rules of procedure, but other forms of strategy rely more on clever exploitation of gaps in the rules, sometimes through trickery, surprise, or psychological mind games. The role strategy plays in civil litigation is underexamined, which raises two concerns: first, this lack of attention entrenches strategy by default as a procedural value in competition with accuracy, efficiency, and other procedural values. Second, it amplifies the disadvantages experienced by unrepresented litigants. This Article builds on earlier work to examine how courts shape the space that litigants have for …

Gravitational Property Theory, Monika U. Ehrman

Georgia Law Review

Isaac Newton and Albert Einstein defined and redefined the field of physics. Their theoretical work on gravity is still considered a monumental discovery of their respective times. Although born centuries apart, the theory of gravity each advanced is still essential. Newton’s theory is applied on Earth and throughout much of the solar system, while Einstein’s theory is used in special environments, such as near black holes. Neither theory is discarded, but instead used where appropriate. Likewise, gravitational property theory proposes that simple property theory—the ad coelum doctrine—is still appropriate for simple property, like stationary or vertical objects. And complex property …

Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon

Public Land & Resources Law Review

The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …

Umwelt, Sujetos Transindividuales E Intencionalidad Compartida: Cuerpo, Significación Y Socialidad En La Construcción Del Conocimiento, Juan C. González Vidal

Journal of Roleplaying Studies and STEAM

En este trabajo abordamos, desde el punto de vista semiótico, el vínculo indisoluble que existe entre el cuerpo humano, la significación y la socialidad. Partimos del postulado de que el cuerpo es, desde el nacimiento, una entidad sintiente; luego, una vez adquirida la capacidad de generar procesos semiósicos primarios, empieza a ordenar y a clasificar los estímulos exteriores, hecho en el que se asienta el fundamento de su orientación básica en el entorno. Conforme aumentan sus competencias semiósicas, se incrementan sus capacidades perceptivas y cognitivas que, al ser afirmadas, lo llevan a alcanzar finalmente los más altos grados de socialidad. …

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 4 [2025], Número 2 (Issue 2), Cristo Leon, Romano Ponce-Díaz Phd, Ivan Avila Gonzalez Phd, James Lipuma Dr., Bruce G. Bukiet, Ricardo Victoria-Uribe, Nazario Robles-Bastida, Chris Birmingham, Ximena Diaz Santillan, Edgar Francisco Vázquez Martínez He, Jorge Prieto Terrones, Juan Carlos C. González Vidal S, Edgar Meritano, Laura Magela Garcés Ramírez

Journal of Roleplaying Studies and STEAM

En una sesión de juego por medio del registro lingüístico se organiza la escena, se orienta la manera de nombrar las tareas, se distribuyen los roles actanciales, se establecen la expectativas; por lo tanto, se establece una puesta en escena. De tal forma, las prácticas lúdicas y ficcionales se configuran a partir de nuestra mirada del mundo e irremediablemente también reconfiguran esa misma mirada. El ser y el estar en un espacio es la especificidad mediática fundamental de los juegos de rol; dicho de otra manera, en los sistemas de juego de rol dentro de sus universos narrativos, en su …

Conserving Conservation Servitudes: The Role Of The Prior Public Use Doctrine In Protecting Privately Conserved Land In The United States And Australia, Olivia Clausen

Pace International Law Review

Both the United States and Australia would benefit from more conservation of private land, and conservation servitudes can help both countries achieve this. However, in the United States and Australia, the power of eminent domain is a threat to the perpetuity of conservation servitudes. The prior public use doctrine, a common law doctrine in the United States arising out of the public trust doctrine, could limit eminent domain in these cases and provide protection to conservation servitudes. This doctrine states that land devoted to one public use (such as conservation) may not be condemned for another inconsistent public use unless …

"Simple Accommodation": A Solution For Conflicts Between Religious Claims And Secular Law?, Laura S. Underkuffler

Chicago-Kent Law Review

No abstract provided.

Religious Liberty And The Constitution, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

Jurisdictional Diversity, Tradition, And The Religion Clauses, Steven D. Smith

Chicago-Kent Law Review

No abstract provided.

Duality In Contract And Tort, Tim Friehe, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We study situations in which a single investment serves the dual role of increasing the expected value of a contract (a reliance investment) and reducing the expected harm of a post-performance accident (a care investment). We show that failing to account for the duality of the investment leads to inefficient damages for breach of contract and inefficient standards for due care in tort. Conversely, we show that accounting for the duality yields contract damage measures and tort liability rules that provide correct incentives for efficient breach and reliance in contract and for efficient care in tort.

The Mansion That Disney Built: Revitalizing Antitrust Enforcement In The Film Industry, Drew Chandler

BYU Law Review

The Paramount Decrees, for over sixty years, barred the major film studios from anticompetitive practices like vertical integration and block-booking. The Department of Justice’s decision to sunset the Decrees in 2020 came prematurely, with the movie industry today rocked by major mergers, the advent of streaming, the pandemic, lessened output due to industry strikes, and changing consumer tastes. True, the industry has changed since 1948, but those very changes call for regulatory intervention to avoid repeating the problems of the past.

For example, Disney’s recent merger and acquisition activity, together with the dominance of its in-house streaming service Disney+, is …

Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger

Journal of Food Law & Policy

From a fifth-generation wheat farmer on the Kansas plains to a cattle rancher in Montana to a beginning peach producer in Georgia, American agriculture produces, provides, and protects sources of food, fiber, fuel, and shelter. American agriculture, once solely supported by rural family farmers and steeped in an agrarian system, now relies heavily on industrialized operations, creating an arena ripe for the clash of diverse policy perspectives. As farmers produce the food enjoyed at dinner tables across the country, the inevitable impacts of agriculture production on the environment have led to policy and legal arguments surrounding the regulation of agriculture. …

Key Contributions To Agricultural Law Select Works By Agricultural Law Professor, Susan A. Schneider, An Annotated Bibliography, Susan A. Schneider

Journal of Food Law & Policy

The authors provide an annotated list of publications, remarks, books, and book chapters authored by agricultural law scholar and professor, Susan A. Schneider, in honor of her forthcoming retirement.

The growth and evolution of the study of agricultural and food law may be attributed to several legal scholars who, based on a personal connection with agriculture, chose to dedicate their careers to advocating for the family farmer. Professor Susan A. Schneider is one such legal scholar.

Professor Susan A. Schneider, a native of Minnesota, is currently the William H. Enfield Professor of Law and the Director of the LL.M. in …

Municipalities, Let The People Have Their Chickens And Eat Them, Too, Cindy Vong

Journal of Food Law & Policy

In the pre-industrial era, before the advent of long-distance transportation or food preservation, human survival necessitated proximity to where food was grown or husbanded. Cities located near agriculturally productive lands and domesticated livestock animals were commonplace within cities. But by the 1920s, the technological innovations of the Second Industrial Revolution left urban areas free of farm animals and farm-related activities. Local governments exercised their powers to codify the separation of residential and agricultural uses within cities and reinforce the idea that food production was not proper in community neighborhoods. Yet, a century later, local governments use those same powers to …

Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton

Villanova Law Review (1956 - )

No abstract provided.

The Due Process And Policy Implications Of The Laken Riley Act, Abigail Adu

University of Cincinnati Law Review

No abstract provided.

Enabling Unpredictability And The Perils Of Judicial Science And Math In Ohio V. Epa, Neil Taylor, Bradford Mank

University of Cincinnati Law Review

No abstract provided.

Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker

Mercer Law Review

Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.

Two Major Ontario Hospital Labs Bought Research Dogs From U.S. Breeder With Troubled Pastdogs Bred For Scientific And Medical Testing Suffer Abuse As The Scientific Industry Increasingly Turns To Alternatives For Research., Allison Hunter, Mary Beech, Sami Marshak, Kate Morano

Capstones

The purpose-bred dog breeding industry for research is little known. Each year, thousands of dogs are bred for scientific and medical testing, supplied to research facilities by a handful of major commercial breeders. But gaps in enforcement and regulation have allowed abuses to persist, even as the industry increasingly turns to alternatives to animal testing. Animal rights advocates have been decrying the treatment of these dogs. A federal Inspector General report found lax oversight of the industry, raising further concerns about how dogs are treated. This story was reported in collaboration with the Investigative Journalism Bureau, based in Toronto, and …

Estoppel Without Regard To Equity? The Puzzling Omission Of Promissory Estoppel’S Inequity Condition In Canada, Marcus Moore

All Faculty Publications

Promissory estoppel plays an important role in enabling the enforcement of promises not made for consideration in cases where the promise was intended to and did induce a party to change its position in regard to preexisting legal rights. However, Canadian law on estoppel has been plagued by confusion and misunderstanding. This article addresses the internationally notable absence of an inequity requirement from promissory estoppel in Canada. The requirement’s absence is peculiar, in that estoppel’s very foundation is in equity, and it must assure that its effect is indeed equitable. Drawing on the Supreme Court of Canada’s decision in Trial …

Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski

Perspectives

Chad Dobson is the founder of the Bank Information Center (BIC) and led BIC from 1987 to 1997 and 2007 to 2016. He is widely accredited with developing the global campaign strategies for environmental and social reforms of multilateral development banks (MDB). In this interview, he recounts the early days of BIC and the development of the global campaign.

Drones And The Changing Character Of War, Erik A. Davis

The US Army War College Quarterly: Parameters

Cheap drones have transformed the character of war by creating a “mass effect” that challenges traditional principles of force concentration. Unlike commentary focused on offense-defense debates or ethics, this article explains how Jevons’s Paradox, the Red Queen Effect, and models like Lanchester’s Laws and Hughes’s Salvo Equations underpin this shift. Drawing on lessons from Ukraine, historical theory, and production trends, it explains why the production of cheap “precision mass” is expected to accelerate. For military and policy practitioners, the analysis offers urgent guidance for adapting tactics, procurement, and doctrine to a battlefield dominated by ubiquitous, low-cost drones—before adversaries exploit this …

Life In The Cracks: Law, Violence, And Resistance In Haiti, Marco Motta

Anthropology

A rich account of what it means to live with law amid its failures.

Life in the Cracks is a rich ethnographic portrait of law, violence, and resistance in Haiti. In a contemporary context marked by international interference, global capitalism, and state collapse, Haitians face complex challenges that are largely ignored and misunderstood. By examining the most unexpected inflections of ordinary life, Life in the Cracks offers a well-grounded account of people’s experience of law in their lives. The book describes what it means to endure violence partly engendered by the law, and thus to live up to one’s disappointment …

The Scotus Tournament: Winning Isn't Everything, Tracey E. George, Mitu Gulati, Albert H. Yoon

Duke Law Journal Online

Litigation at the U.S. Supreme Court is a tournament of champions. This Essay presents an empirical analysis of Supreme Court advocacy over time (1970-2023), examining how the elitification of the legal profession has transformed Supreme Court oral arguments. Drawing on a dataset of 7,077 cases and 4,599 private attorneys, we analyze the rise of repeat players and their litigation success. Our findings reveal a transformation. In the 1970s, most Court advocates were rookies: first-time advocates from various backgrounds. Today, a small number of superstars dominate: attorneys with extensive experience, elite law school degrees, Supreme Court clerkships, and stints in the …

Social Murder And The Antisocial Contract, Marissa Jackson Sow

Maryland Law Review

No abstract provided.

Betrayal Of Trust, Restoration Of Hope: How To Enforce The Law And Transform The Lives Of Immigrants Ripped Off And Damaged By Bad Lawyers And Scammer Notarios, Vanessa Merton

St. John's Law Review

(Excerpt)

Immigrants seeking lawful status, or otherwise facing denial of entry or deportation, have no right to counsel at government expense. Not even the most sophisticated immigrant can effectively navigate the morass of U.S. immigration law, frequently described by federal judges as “labyrinthine,” “baffling,” “arcane,” and “almost as impenetrable as the Internal Revenue Code.” Competent, ethical representation is essential and, in theory, available from lawyers or accredited representatives. Yet, for most, such representation is shockingly hard to locate and prohibitively expensive. While over 200 nonprofit organizations provide low-cost or free representation to noncitizens, they can assist only a small fraction …

Professor Yvette Butler Named 2026 Recipient Of Derrick A. Bell, Jr. Award, Maurer School Of Law - Indiana University

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Yvette Butler has been selected as the 2026 recipient of the Derrick A. Bell, Jr. Award, the Association of American Law Schools (AALS) Section on Minority Groups announced late Friday (Dec. 12).

“Professor Butler’s commitment to advancing racial justice and elevating the voices of marginalized communities embodies the highest ideals of our profession,” said Indiana Law Dean Christiana Ochoa. “Her work reflects the courage, clarity of purpose, and unwavering advocacy that defined Derrick Bell’s legacy. We are immensely proud to see her recognized with this award and look forward to the continued impact …

Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen

Kentucky Law Journal

No abstract provided.

Reading Between The Lines: The Influence Of Financial News On Investor Decision-Making, Kalia Noble

Honors College Theses

This thesis investigates how financial media narratives shape investor sentiment and short-term market behavior. Drawing on behavioral finance and narrative economics, it examines whether the framing and tone of market news correlate with intraday volatility in the S&P 500 and Dow Jones Industrial Average. By pairing quantitative price data with contemporaneous headlines from major outlets such as Bloomberg, Yahoo! Finance, and CNBC, the study shows that emotionally charged or speculative narratives are closely associated with sharp market swings, even when fundamentals remain unchanged. These findings highlight the influence of media framing on investor decision-making and underscore the importance of financial …

A Leap Of Good Faith: Intent Requirements In Trademark Applications Across Major Markets, Maximillian Scott Matiauda

University of Miami International and Comparative Law Review

This Article examines how four major trademark regimes—the United Kingdom, United States, China, and European Union—define and regulate bad-faith trademark applications. It traces the historical and legislative foundations of intent-to-use doctrines, compares contemporary statutory frameworks and judicial interpretations, and evaluates pivotal developments such as the U.K. Supreme Court’s SkyKick ruling and China’s ongoing trademark reforms. Although the jurisdictions employ distinct legal tools, the Article finds a converging emphasis on curbing opportunistic or abusive filings. The Article ultimately advocates for greater international alignment in articulating and enforcing good-faith standards within trademark law.