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Recovering Constitutional Identity In Colonial South India: Sedition, Sovereignty, And Small-C Constitutionalism In Pudukkottai, Bharath Gururagavendran

National Law School Journal

Constitutional identity is easiest to identify when it has already been credentialed: by a constitutional text, constituent authorisation, or judicial recognition. What remains visible when those markers are absent? Through a historically grounded study of the ‘Little Kingdom’ of Pudukkottai, a princely state in colonial South India, this article examines whether constitutional identity can be recovered from the small-c life of a polity whose opportunities for formal constitution-making were structurally foreclosed. Pudukkottai had no big-C moment. Its constitutional life, if it had one, must be reconstructed from less authoritative materials. The article argues that the absence of a constitutional text …

Distorted Narratives In The Treatment Program Complex, Evelyn Lia Malavé

Fordham Law Review

Problem-solving courts and alternatives to incarceration have been both celebrated as successful attempts to address the factors that lead to defendants’ involvement in the criminal legal system and critiqued as ineffective reforms that worsen mass incarceration. Specifically, critiques of the “treatment program complex” have tended to focus on how it harms defendants by exposing them to higher levels of incarceration if they fail to complete court mandates. But these critiques have failed to account for another way the treatment program complex harms defendants: by suppressing their voices regarding what kind of help they need and how they are affected by …

Exploring Keebet Von Benda-Beckmann's Legal Pluralism In Slum Transformation: An Ethnographic Study Of Urban Revitalization In Indonesia, Imam Koeswahyono, Diah Pawestri Maharani, Nadyah Maylika Rahmawati, Ika Ismudyahwati

The Indonesian Journal of Socio-Legal Studies

Slum areas in Indonesia present a significant challenge, with government programs such as the National Slum Upgrading Program (NSUP) aiming to address urban poverty and improve living conditions. Despite the implementation of formal policies, the interplay between legal frameworks and local practices often determines the success of such initiatives. Drawing on Keebet von Benda-Beckmann’s theory of legal pluralism, this research examines the transformation of slums into productive and sustainable zones, focusing on Kampung Jodipan, Kampung Heritage Kajoetangan, and Kampung Kreatif Dago Pojok. These case studies reveal how formal legal systems interact with informal norms and community-driven practices in achieving urban …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Article Iii Standing In Federal Prosecutions Of “Victimless Crimes”, Ryan H. Nelson

Fordham Law Review Online

Plaintiffs in federal court bear the burden of proving their standing, as Article III permits inferior federal courts, after Congressional authorization, to exercise jurisdiction over “Cases” and “Controversies” alone. From these constitutional terms of art—“Cases” and “Controversies”—we derive the familiar case-or-controversy requirement of standing, including injury. These terms of art authorize Congress to empower the inferior federal courts to hear civil and criminal actions alike, but federal prosecutors have never been similarly burdened with proving the standing of the United States in federal court, including that the United States has suffered injury. This Essay examines that lapse and contends that …

(Un)Worlding With Karipuna’S Shadowy Alliances: The Mirangã And The Isolados, Hanmin Kin

Tipití: Journal of the Society for the Anthropology of Lowland South America

This ethnographically inspired article investigates the ways in which the Karipuna Indigenous people in Rondônia defend their land in the Western Brazilian Amazon against forces of deforestation and dispossession. I focus on the Karipuna’s plurivalent and collective forest spirits called the mirangã, through life experience accounts of two survivors from the “pre-contact” era who embody the Karipuna-mirangã connection. Through an analysis of the onto-epistemological entanglements in which the mirangã and my interlocutors are situated, I articulate another front of the Karipuna’s multi-faceted resistance: the struggle of worlding vis-à-vis the non-indigenous world. This process also reveals the association (from …

Are Embryos Or Fetuses Brain Dead? Implications For The Abortion Debate, Greer Donley

Pace Law Review

Most state abortion definitions exclude the removal of a dead fetus, attempting to distinguish miscarriage and abortion care. But what does “dead” mean at the earliest stages of potential life? There is a consensus at the end of life that death not only encompasses the cessation of cardiac activity, but also brain death. This symposium essay considers whether life can only begin with the emergence of brain life and if so, how that might impact the abortion debate. The most rudimentary brain waves cannot be detected in an embryo before roughly the eighth week of pregnancy; the capacity for feeling …

Dobbs And Sterilization Decision-Making: Understanding The Coercive Spillover Effects In Reproductive Choice, Thomas Wilson Williams

Pace Law Review

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full …

Integrating Humanities Into Cybersecurity Education: Enhancing Ethical, Historical, And Sociopolitical Understanding In Technical Training, Joseph Frusci

Journal of Cybersecurity Education, Research and Practice

The increasing complexity of cybersecurity challenges necessitates a holistic educational approach that integrates both technical skills and humanistic perspectives. This article examines the importance of infusing humanities disciplines such as history, ethics, political science, sociology, law, and anthropology—into cybersecurity education. Through a pilot course developed for Staten Island Technical High School, aligned with the New York State K-12 Computer Science and Digital Fluency Standards, students were introduced to an interdisciplinary curriculum that combined technical cybersecurity training with historical analysis, ethical reasoning, and sociopolitical context. The results of pre- and post-course assessments demonstrated significant improvements in critical thinking, ethical decision-making, and …

Something Is Rotten In The State Of Healthcare: Accountability, Affordability, And The Court Of Public Opinion, Isabelle Breier

Duke Law & Technology Review

Many countries worldwide recognize a right to health and provide legal recourse for securing that right. By contrast, for many Americans, there is no legal right or remedy that enables them to access healthcare if they cannot afford it. While there are some statutes and measures in place, such as the Emergency Medical Treatment and Active Labor Act (EMTALA) and Medicaid, coverage remains piecemeal and access to healthcare is not guaranteed. Conditioning people’s access to healthcare upon their ability to pay violates the foundational bioethical principle of justice. In the United States, individuals and advocates use social media to fill …

The Impact Of Adverse Childhood Experiences On Later Desistance Among Serious Juvenile Offenders From A Broken Family Composition, Olivia Franklin

Master's Theses

The current study aimed to contribute to the overall knowledge of desistance patterns among juveniles by exploring them among serious juvenile offenders who come from a broken home. Utilizing the Pathways to Desistance (PTD) dataset, this study used logistic regression to examine the impact of family composition on later desistance while controlling for various adverse childhood experiences (ACEs) one might experience. Two research questions guide this study: (1) Does family composition (i.e., “broken homes”) impact later desistance among serious adolescent offenders, while controlling for important criminological predictors (i.e., self-control and antisocial peer influence)? (2) Is the quality of one’s home …

Ndls Communicator: Week Of 11.11.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Veterans Day 2024: Honoring our ND Law student veterans and reflecting on God, Country, Notre Dame
• Notre Dame Law Professor Avishalom Tor awarded Honorary Doctorate by University of Lucerne for pioneering behavioral legal research
• Notre Dame Law School hosts annual Rev. David T. Link Public Interest Banquet
• Notre Dame Law School’s Religious Liberty Clinic Provides Legal Support to Faith-Based Nonprofits
• Trailblazing Judge Michael Fitzgerald reflects on his career and advocacy for LGBTQ+ rights at ND Law LGBT Law Forum event

Faculty News and Briefs

• Diane Desierto's chapter about the UNHRC's jurisprudence from 2022-23 surrounding authoritarian regimes and …

Transformación De La Sociedad Saharaui: Evolución Histórica Y Reorganización Social, Mustapha Ouzir

Journal of Maya Heritage

Este artículo analiza la evolución histórica y los cambios sociales en la región sahariana, desde Oued Nun hasta el río Senegal, destacando el impacto de la llegada de las tribus Banu Hassan sobre la población autóctona amazigh Sanhaja. Se exploran los cambios en la estructura social, caracterizados por una nueva jerarquía étnica y tribal. Además, se examina la influencia de la colonización española en la transformación de la sociedad saharaui, que pasó de un estilo de vida nómada a uno más sedentario. El estudio destaca el proceso de sedentarización y los cambios socioculturales resultantes, como la alteración de roles familiares …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

Tendencias Fonéticas Y Aspectos Gramaticales Del Español Hablado En El Sáhara, Mustapha Ouzir

Journal of Maya Heritage

Este estudio analiza las tendencias fonéticas y los aspectos morfosintácticos del español hablado en el Sáhara, una región marcada por su historia colonial como territorio español. Mediante una metodología cualitativa, que incluye observación libre, conversaciones grupales y pruebas fonológicas, se investigan las características lingüísticas de los hablantes saharauis, cuya lengua materna es el hassanía. Los hallazgos revelan una interferencia fonética significativa, como la neutralización vocálica, la reducción de diptongos y la influencia del español canario. También se identifican desviaciones morfosintácticas respecto al español estándar, incluyendo problemas de concordancia gramatical, tiempos verbales y uso de preposiciones. Estos fenómenos reflejan el impacto …

A Christian Vision Of Freedom And Discovery: Neutrality As An Obstacle To Freedom, Karen Jordan

Tennessee Journal of Law and Policy

This article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. There is a growing concern that liberty and justice are unattainable in modern democratic societies that are grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which—along with the theory of neutrality—reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human …

Data Sharing For The Common Good – Remarks On The Data Altruism Framework Established Under The Data Governance Act, Adrianna Michałowicz

Yearbook of Antitrust and Regulatory Studies

The article examines the data altruism framework established under the European Union’s Data Governance Act (DGA) and its potential to foster trust in voluntary data sharing. The DGA, effective from September 2023, introduces legal measures to facilitate the altruistic sharing of personal and non-personal data for objectives of general interest, such as healthcare, scientific research, and disaster response. The study aims to evaluate the regulatory framework’s effectiveness in building trust, focusing on three key aspects: the potential recipients of altruistically shared data, the possibility of commercial use of such data, and the transparency of data processing activities. The findings suggest …

The Potential Impact Of Charter Section 28 On Quebec's Controversial Secularism Law And The Pursuit Of Gender-Equality In Canadian Courts, Nywani Albert

Dalhousie Journal of Legal Studies

The Western liberal democratic order, anchored in respect for individual rights and constitutional norms, faces a critical challenge as Quebec follows the pattern of several European nations in enacting laws restricting religious attire. While the Quebec Law 21, “An Act Respecting the Laicity of the State,” is ostensibly neutral, it particularly restricts Muslim women's rights. This paper explores an ongoing, novel legal strategy challenging Quebec's secularism law, focusing on Section 28 of Canada's Charter of Rights and Freedoms. While Section 28 mandates gender equality in Charter implementation, its potential remains largely unexplored in the decades since Charter enactment. Drawing …

Prescription Practices, Anti-Psychotics, And Covid-19: An Intersectional Examination Of The Long-Term Care Home Setting In Canada, Olivia Ramos

Dalhousie Journal of Legal Studies

Public discourse and concern over the state of long-term care homes in Canada has been ongoing over the last two decades. One of the main sources of these concerns is the off-label prescription of anti-psychotic medications to long-term care home residents. Off-label use of pharmaceuticals is common and can be beneficial in certain contexts, however, there is a risk of anti-psychotics being used as an inappropriate means of managing patients chemically in the long-term care home setting. This paper engages in three lines of inquiry: first, the regulatory landscape of on and off-label prescription in Canada; second, the off-label use …

Brief Of 20 Professors Of Law And Public Knowledge As Amici Curiae In Support Of Affirmance, Charles Duan, Rachel Bamberger

Amicus Briefs & Court Filings

In Carroll Shelby Licensing v. Halicki, the U.S. Court of Appeals considers whether a car in a film is a "character" for purposes of copyright law. Character copyright protection has proven to be an especially difficult area of the law, and courts and commentators have struggled with the proper boundaries of such protection and whether characters are independently protectable works at all. This brief presents a novel legal argument for resolving the scope of character copyright, at least in the context of inanimate objects in creative works such as cars. While the case law and commentary has to date focused …

The Social Justice Of Archaeology, Saylor Fortner

Justice Festival at Morehead State University

A PowerPoint presentation, titled "The Social Justice of Archaeology," given by Saylor Fortner at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

2024 Annual Justice Festival Program, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

The program for the 4th Annual Justice Festival held on October 8, 2023 on the campus of Morehead State University.

Indigenous Copyright Concepts And Indigenous Data Sovereignty: How Libraries And Archives Can Support It, Rebecca Chapman, Rebecca Plevel

Law Librarian Journal Articles

U.S. copyright law does not account for Indigenous knowledge. These items, such as stories, dances, songs, and oral teachings are data and works authored by a sovereign com- munity, not just individuals. Indigenous data sovereignty provides that data and cultural knowledge are subject to Tribal protections. Tribes have the right as a sovereign nation to govern the collection, ownership, and application of its own data and cultural knowledge. Assimilating Indigenous knowledge into non-Indigenous works is a copyright issue from an Indigenous perspective. Librarians can identify these Indigenous copyright issues to support local Indigenous Peoples and promote efforts toward achieving Indigenous …

The Process Before The Promise: Ensuring Indigenous Recognition From The Chilean Constitution, Michaela Mazzeo

William & Mary Bill of Rights Journal

Part I of this Note provides a background and overview of the relatively recent surge in the constitutionalization of indigenous rights and recognition in Latin America, and the state of constitutional reform in Chile. Part II lays out a theoretical understanding of the powers of a constitution as a mechanism for societal reformation and as a platform for bringing legal claims, as played out in Brazil and Bolivia. Part III demonstrates the ways in which practical manifestation of that theoretical power stops short. More specifically, both intentional and incidental barriers dampen the effectiveness of the constitutional mechanism for ensuring indigenous …

Kebijakan Transmigrasi Dalam Kerangka Kesejahteraan Sosial Dan Ketahanan Nasional Di Provinsi Lampung, Heru Susetyo, Satrio Febriyanto, Tien Tis’Aini Latifah, Deden Ardiansyah, Feymi Angelina, Ibrahim Ghifar Hamadi, Najma Izzatul Haq, Nurroby Fatih

Jurnal Ilmu Kesejahteraan Sosial

Transmigration in Lampung Province is part of Indonesia's national transmigration program, which aims to equalize development and reduce the population density of densely populated islands such as Java. Transmigration in Lampung began in 1905 with a colonial approach by the Dutch and continued during the Old Order New Order and began to decline after the 1998 reformation. The challenges of transmigration in Lampung include social and economic problems, integration of immigrants with local communities, and environmental impacts; the next challenge is the availability of health and welfare infrastructure and sustainable development. This study examines the dynamics of transmigration in Lampung …

Ultra-Slow Responses To The Ultra-Fast Fashion Problem: Combatting Forced Labor In The Global Apparel Industry With Due Diligence And Customs Regulations, Cameron Watts

Vanderbilt Journal of Transnational Law

No abstract provided.

The Framework Is The Message: Legal And Ethical Implications Of Chatgpt, Amanda Turnbull

Canadian Journal of Law and Technology

The rapid rise of generative AI represents a palpable paradigm shift: models like GPT-3 (and its subsequent iterations), DALL-E, and AlphaCode are becoming foundation models for many other AI-based applications. Foundation models may be used for many different tasks with minimal modification and are positioned to replace task-specific models of AI. This holds tremendous promise in society such as advancing scientific research, rethinking education and training, and creating new types of art and expression. At the same time, however, generative AI has its dark side such as accuracy risk, the threat of large-scale unemployment, potential security vulnerabilities, and AI misbehaviour …

New Ways Of Teaching Adat (Customary) Law At Indonesian Law Schools, Tody S.J. Utama, Rikardo Simarmata, Jacqueline A.C. Vel, Adriaan W. Bedner

The Indonesian Journal of Socio-Legal Studies

While customary law typically is not the sole legal system regulating people's daily lives, it still plays a big role in shaping the behavior of countless individuals worldwide. For this reason, law schools in many countries teach customary law courses, but these courses often present customary law as a sterile set of principles and norms detached from studying social reality. This approach associates customary law with traditional communities whose members live in relative isolation from the world, ignoring the fact that customary law operates in a legally pluralistic universe, interacting with religious and state law systems, and that it adapts …

Law School Announcements 2024-2025, Law School Announcements Editors

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Regeneración: A Xicanacimiento Studies Journal

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