Digital Commons Network^™

Legislating Morality: The Historical Consequences Of The Mann Act On The American Public, Chance J. Harper

Wyoming Law Review

The Mann Act, officially titled the “White Slave Traffic Act of June 25 1910,” was a product of a time of immense social, ethnic, and political change. The Mann Act was presented as the solution to “white slavery”— an imagined crisis where white-American girls were forced into prostitution. This crisis was attributed to the influx of traditionally “othered” ethnic groups, which shocked the nation and prompted sweeping action by politicians to protect white-American values and culture in the name of stopping forced prostitution. In addition to perceived threats to American values, fears of immigrant power as a voting block and …

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Faculty Articles

No abstract provided.

Paradoxical Pedagogy: Teaching Trauma-Informed Principles Within A System Built On Emotional Detachment, Sarah Mcconnell, Leah Lunetta

Roger Williams University Law Review

No abstract provided.

The Parallels In The Repatriation Of Cultural Property: How The Holocaust Expropriated Art Recovery Act Provides A Framework For A More Effective Native American Grave Protection And Repatriation Act, Samantha Rhodes

Roger Williams University Law Review

No abstract provided.

Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh

Theses and Dissertations

Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …

Parafamily, Christina Mulligan

Faculty Scholarship

No abstract provided.

Being Pregnant In Someone Else's Body, Jennifer S. Hendricks

Publications

No abstract provided.

Court Review: Journal Of The American Judges Association, Vol. 61, No. 2, Eve M. Brank, David J. Dreyer, Reba Ann Page, Jane Manning

Court Review: Journal of the American Judges Association

Contents

Understanding GenAI What Courts Should Know, AI Rapid Response Team of the National Center for State Courts

Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts, Pablo Arredondo and Javed Qadrud-Din

Any Sufficiently Transparent Magic... Damien Patrick Williams

Principles and Practices for Using AI, Thomson Reuters Institute/National Center for State Courts

Evidentiary Issues Raised by Artificial Intelligence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Acknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Evaluating Unacknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Want to Know More About AI? ABA …

Just Research And Citation, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Contemporary research and citation practices are often unjust. Data cartels like Westlaw and Lexis have parent companies that prioritize profits in ways that threaten immigrants. Even before the Dobbs decision, search engines could be deployed to weaponize data against pregnant people seeking reproductive care. Women and people of color have been legal scholars for more than a century but, as many scholars have observed, colleagues consistently under-cite, mis-cite or appropriate those scholars’ work with minimal recourse. Citation materials are often inaccessible to disabled people, poor people, or the public due to poor design, paywalls, or unpreserved content that falls prey …

Property And Information, Jeanne L. Schroeder, David G. Carlson

Articles

The article proceeds as follows. As the information theory is a reaction to legal realism, Part I explores its antecedents in the work of Wesley Newcomb Hohfeld and Ronald H. Coase. Part II presents the information theory as arising from Professor Smith’s interpretation of the Coase theorem.11 In the imaginary world of TC0, we are supposedly indifferent to organizing by property and organizing by contract. Property eclipses contract as the organon of the economy because property reduces the cost of delineation and processing—of speaking and comprehending. We show that this theory is founded on a misunderstanding of Coase. Part III …

Work And Human Vocation In Catholic Social Teaching, Stefan M. Mcdaniel

Journal Articles

From the Article

This essay explores Catholic social teaching on work, focusing on how labor should enable humans to fulfill their vocation through experiences of dominion and communion. Drawing from papal encyclicals and theological anthropology, it examines how work becomes a means for humans to exercise their God-like faculties by intelligently shaping creation (dominion) and building rich relationships (communion). The essay argues that Catholic teaching offers distinctive contributions to contemporary workplace justice movements through its emphasis on two priorities: promoting worker-ownership and supporting family life. Worker-ownership, especially through cooperatives, enables labor to become an exercise of dominion, while family-centered policies …

Betwixt And Between: Restorative Justice, Dei, And Education Carcerality, Thalia Gonzalez, Alyssa Faith Scott

Faculty Scholarship

American K-12 public education is at a critical anti-civil rights inflection point amidst a rapidly changing landscape of federal and state education law and policy. From local anti-literacy measures to state “three strikes” exclusionary school discipline legislation to punitive federal executive orders, new legal mechanisms are conjoining to produce public school climates marked by structural violence, and the erasure of students with multiple marginalized identities. Attending to these political and legal realities is a growing cluster of legal scholarship empirically categorizing, and theoretically challenging, the rise of such anti-education civil rights obstructions. Though diverse in scope, analyses prominently center the …

Framing Legal Systems In New And Emerging Statelets: Autonomous Projects Of The Zapatistas Of Chiapas And The Democratic Autonomous Administration Of Northern And Eastern Syria, Samuel Wolff

Emory International Law Review Recent Developments

Autonomous movements within states are disruptions in the normal order and control that a state exerts over its territories. While there are some groups that aim to achieve autonomy and recognition while staying within the structure of the existing state, other groups seek to succeed and establish their own autonomous area completely succeeding and divorcing from the state. For a variety of reasons- from mistrust of a corrupt central government to violent repression of ethnic minorities- movements arise offering an alternative to the existing state. As these movements break, sometimes violently, from the state, they also break from the legal …

Explaining Constitutional Copying As An Idealogy: Argentina's "Yankee-Mania" Under President Domingo Sarmiento (1868-1874), Jonathan M. Miller

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Foreign constitutional models can transform a country thanks to the power of ideology. The comparative constitutional literature maintains that successful constitutionalism requires credible commitments to essential rules by all major political actors so that those out of power can avoid persecution that will drive them into rebellion, and those in power can feel assured that if they relinquish power, the opposition will respect their core interests. The literature also assumes that the process of reaching credible commitments is a slow one, but that over time civil society, courts and government bureaucracies will strengthen the commitments and act against unconstitutional power …

Rejecting The Racialization Of Indianness, Andrea J. Martin

Faculty Scholarship

No abstract provided.

Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm

Cardozo International & Comparative Law Review

The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.

A Comprehensive Labeling Framework For Artificial Intelligence (Ai)/Machine Learning (Ml)-Based Medical Devices: From Ai Facts Labels To A Front-Of-Package Ai Labeling System — Lessons Learned From Food Labeling, Sara Gerke

Emory Law Journal

Medical Artificial Intelligence (AI) is rapidly transforming healthcare. The U.S. Food and Drug Administration (FDA) has already authorized the marketing of over one thousand AI/Machine Learning (ML)-based medical devices, and many more products are in the development pipeline. However, despite this fast development, the regulatory framework for AI/ML-based medical devices could be improved. This Article focuses on the labeling for AI/ML-based medical devices, a crucial topic that needs to receive more attention in the legal literature and from regulators like the FDA. The current lack of labeling standards tailored explicitly to AI/ML-based medical devices is an obstacle to transparency in …

Geographies Of Trauma And Healing: Resistance, Resilience, ‘Ustawi Wa’, And The Lived Experiences Of African Women Refugees From The Ehagl Region In Canada, Rosemary Njeri Kimani-Dupuis Dr., Rosemary Kimani-Dupuis

Theses and Dissertations (Comprehensive)

This dissertation explores the lived experiences of African women refugees from the East and Horn of Africa and Great Lakes (EHAGL) region resettled in Ontario, Canada, with particular focus on the complex intersections of trauma, resilience, and healing within global refugee governance. It asks: How do the gendered and spatial dynamics of refugee protection and Canadian settlement systems sustain structural violence against African women refugees, and how do their transnational experiences challenge and reshape dominant frameworks of care, well-being, and institutional response?

Through a multi-scalar analysis—macro (legal governance frameworks), meso (institutional actors), and micro (women’s narratives)—the study explores how trauma …

"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy, Ellene Ko

Cardozo International & Comparative Law Review

The note examines the rapid growth of transnational commercial surrogacy as a multibillion-dollar industry, driven by assisted reproductive technologies and fertility tourism. It highlights the legal conflicts and challenges arising from the patchwork of international surrogacy regulations, including issues of citizenship, exploitation, and enforcement of cross-border contracts. The analysis advocates for an international convention to establish a clear legal framework for transnational surrogacy, emphasizing the need for shared responsibility between global and national oversight bodies to prevent exploitation and ensure ethical practices.

Person-Centered Pluralism About Contract Theory, C. Scott Pryor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The End Is Still To Come: How The Law’S Interaction With Digital Replicas And Derivative Digital Replicas Will Shape The Future, Spencer Kweskin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Transformational Agenda For National Security, Maryam Jamshidi

Publications

Past efforts to "reimagine" national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national security. This Article presents an agenda for reimagining national security through legal scholarship, which is premised on the view that challenging the national security status quo should be part of those efforts. In doing so, this agenda explores seven premises central to how U.S. national security is currently conceived of, practiced, and implemented. Moving …

Patenting The Taboo: Sex, Drugs, And Abortion, Andrew Gilden, Sarah R. Wasserman Rajec

Faculty Publications

The patent system provides a surprisingly rich archive of the interplay between social norms and technological change. Patent law requires applicants to publicly disclose the novelty and usefulness of their inventions, thereby bringing to light areas of innovation that may have previously lived in the shadows. In other words, patent law encourages public disclosure of technologies that are taboo—developed and practiced in secret, for reasons such as social approbation, illegality, or religious sanctity. To obtain a patent for a taboo technology, patentees must establish their legitimacy as innovators while navigating cultural norms that are hostile to their fields of innovation. …

Designing Policymaking Mechanisms For Regulatory Dynamism, Nina-Simone Edwards

Library Scholarship

The project’s third concept paper focuses on the design of regulatory policymaking mechanisms that translate decisions about public values–such as “avoid deceiving consumers”–into operationalized forms that support iteration and experimentation. It outlines a set of foundational principles for a dynamic, effective regulatory toolkit that empowers regulators to act sooner, experiment, create governance seams, mandate beneficial friction, and extend regulatory authority in ways that mirror the scale and interdependence of digital supply chains.

To support this expanded regulatory toolkit, the paper recommends empowering regulators to mandate data flow restrictions, to develop design requirements for both user-facing and technical interfaces, to require …

Is The Promise Of Zora Neale Hurston’S Florida Lost?, Elizabeth Troutman

Seattle Journal for Social Justice

No abstract provided.

Government Lawyers, Ethical Dilemmas: The Case Of Herbert Wechsler And Japanese American Incarceration, Eric L. Muller

Faculty Publications

This essay examines ethical dilemmas facing government agency lawyers through two episodes from Herbert Wechsler’s wartime service as head of the DOJ War Division: overseeing the Supreme Court brief in Korematsu v. United States and administering the Renunciation Act of 1944 amid turmoil at the Tule Lake Segregation Center. In the Korematsu matter, Wechsler managed a brief that skirted the Army’s problematic “Final Report” claims (including shore-to-ship signaling), privileging institutional role fidelity over disclosure, and helping sustain a framework that justified mass removal of Japanese Americans. In the renunciation program, he chose to accept any “voluntary” citizenship renunciation regardless of …

40 Years Passing By In (A) “Heartbeat”, Christopher Janney

Monsoon: South Asian Studies Association Journal

This article outlines the forty-year history go Christopher Janney’s iconic performance work “HeartBeat.” Trained as an architect and jazz musician, Janney combines these two disciplines to create large interactive light/sound installations and performances. On the one hand, he attempts to make architecture more like music, more “alive” using real-time sensing devices as on his “Harmonic Convergence” installation on the Miami International Airport. On the other hand, he attempts to make music more like architecture, more physical more visual. In his “HeartBeat” performance, a dancer wears a heartbeat device that amplifies his/her heartbeat in “real time.” Over this pulse, live musicians …

Yoga Sūtra Book Four And The Yogabindu, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Four themes from the fourth pāda of Patañjali’s Yoga Sūtra are examined here: karma (IV:2-13), individuality (IV:16), humility (IV:20-22), and freedom (IV:29-34). Affirmations and variant interpretations of these four are provided from Haribhadra Virahāṅka’s Yogabindu, most likely composed a century or two later.

Collective Karma: From The Yogasūtra To Taylor Swift, Zoë Slatoff

Monsoon: South Asian Studies Association Journal

The Indian knowledge traditions speak at length about karma, which is divided into three categories—accumulated (saṃcita), ripe (prārabdha), and future (kriyamāṇa). While much is said about our individual karma and how it affects our repeated reincarnation in cyclic existence, how does this affect others and how do others affect us? In other words, as this paper explores, what is our reciprocal and collective karma?

Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend

Monsoon: South Asian Studies Association Journal

This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).

The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …