Digital Commons Network^™

Sustainability Assurance, Andrew F. Tuch, Luca Enriques, Alessandro Romano

Scholarship@WashULaw

A robust literature examines sustainability disclosures by public corporations, but legal scholarship has largely overlooked the role of third-party assurance—or verification—of such disclosures. This is a notable omission given the extensive literature on the auditing of financial statements, a related form of assurance.

This article responds by examining the role of assurance in sustainability reporting. In keeping with the theme of this symposium volume, it draws on US and EU law. Our discussion begins in Part I with sustainability disclosures, focusing on the requirements and practices of public companies. In Part II, we introduce sustainability assurance as well as assurance …

Tariffs And The Taxing Power: Historical Lessons For Major Questions And Nondelegation, Conor Clarke, Ari Glogower

Scholarship@WashULaw

American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the degree to which it has. But the ongoing tariff controversy emerges against a backdrop of conflicting and shifting historical practice. Early Congresses drafted tariff statutes in painstaking detail, while some of the broadest delegations in the early Republic involved internal taxes. In the modern era, by contrast, Congress has delegated more expansive tariff powers to the President, while retaining closer control over internal taxes. How should we understand this seemingly conflicting history of practice, and its relevance …

C.A.S. Full Assessment Report: State Of Florida Government Portal, Delante Clark

Graduate Scholarship and Creative Works

The purpose of this assessment is to evaluate the cognitive overhead, transparency, and attentional integrity of

official State of Florida digital interfaces using the Cognitive Attentional Standards (C.A.S.) platform.

While the Florida Digital Bill of Rights (FDBR) establishes strict regulatory guardrails for consumer data

transparency, tracking opt-outs, and attentional safeguards, the State of Florida explicitly exempts its own

government agencies, public universities, and non-profit entities from complying with these rules.

This assessment serves to investigate the tension between legislative intent and government execution. By

analyzing public sector websites through the C.A.S. platform, this project will establish a “state-enforced vs.

state-executed” …

Digital Emblems In Cyberspace: A Deterrent Or A Target?, Fatemah Albader

Emory International Law Review Recent Developments

In 2022, the ICRC proposed a digital emblem to identify and protect medical and humanitarian digital assets during armed conflict. While this initiative marks a pivotal evolution of IHL into cyberspace, its effectiveness depends on whether states can ensure accountability, attribution, and compliance. This article argues that digitalizing IHL’s distinctive emblems, such as the red cross, is not optional but mandatory under both conventional and customary law. Once developed, states must adopt and regulate the digital emblem to protect hospital networks and medical personnel online as they are protected offline. However, emblem digitalization alone cannot deter deliberate cyberattacks or unintentional …

How International Law Failed To Minimize U.S. Use Of Burn Pits During Operation Iraqi Freedom, Sophia Mcwilliams

Emory International Law Review Recent Developments

No abstract provided.

Law Student As Client: Applying Client-Centered Lawyering Skills To Law Student Development, Rachel Johnson

Newsletters & Other Publications

In this article I demonstrate how I’ve brought my client advising skills into my work with law students. My work with law students is informed by my use of the client-centered lawyering model as adapted from my practice background. I will address how the skills of client-centered lawyering model translate remarkably well advising law students through what I call the law student-centered development model. This model of working with law students helps advisors train the next generation of lawyers in key lawyering skills through the modeling of those skills.

Calibrating Agnosticism In Administrative Law: Qualitative Bayesian Reasoning On Bureaucratic Motivation, Kenta Tsuda

Case Western Reserve Law Review

No abstract provided.

A Law Enforcement Paradigm For The New Form Of Money, Jim Harper

Journal of Law, Technology, & the Internet

Over the last two centuries, transfers of money have evolved from movements of tangible things to digital communications events. Over the last half-century, financial surveillance law has taken root. The product of the two trends is a comprehensive, global financial surveillance regime that has substantial costs in both dollar terms and in values such as privacy, free speech, and autonomy. Those costs appear to vastly outstrip the benefits of such surveillance. Along with its infirmity as policy, general financial surveillance stands on shaky constitutional ground in the United States. It impedes the full development of digital forms of money and …

Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …

Artificial Elections: How Artificial Intelligence Can Affect Elections And Decide Our Future, Ryan D. Granger

Honors Undergraduate Theses

This thesis examines the growing role of artificial intelligence (AI) in democratic elections, highlighting both its transformative potential and its associated risks. Drawing on a qualitative analysis of existing literature, the study explores how AI is increasingly integrated into political campaigns, election administration, and voter engagement. Key benefits include enhanced data analysis, personalized political messaging, and improved efficiency in campaign operations. AI also supports real-time fact-checking and more accurate vote tabulation, which can strengthen transparency and trust in electoral processes. However, the thesis emphasizes that these advantages are accompanied by significant challenges. AI technologies enable the rapid creation and dissemination …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

Intersectional Dynamics Of Race And Gender: Voting Behavior And The 2024 U.S. Presidential Election, Daniella Basdeo

Honors Undergraduate Theses

Presidential elections do more than choose a leader; they give us an inside look at how identity shapes voters’ choices. The 2024 election made this especially clear. Looking at Kamala Harris, who represents multiple underrepresented identities, we see a candidate who is not only a woman and a person of color, but specifically a woman of color running at the national level. This election is the first time we see several minority identities in a candidate in a presidential race, and what makes this unique is that, at the national level, it is much harder for candidates to be fully …

Pretrial Publicity In A Modern World: Exploration Of Defense Attorney Experiences And Perspectives, Giray Uzen

Honors Undergraduate Theses

This research examined how pretrial publicity, like statements made by law enforcement and prosecutors, affects criminal defense strategy. Using a qualitative, phenomenological design, interviews were held with practicing defense attorneys to understand how they deal with media coverage, protect their clients’ rights, and adjust their strategy when a case starts getting attention. The project identifies common themes, including attorney concerns about biased jurors, distorted narratives, and pressure created by public commentary. Findings work towards reforming policy discussions to respect free speech while protecting the constitutional right to an impartial jury in our modern media environment.

The Impact Of Social Media Movements On Policy Changes Made In The United States, Michelle Levy Korine

Honors Undergraduate Theses

This study focuses on researching the relationship between social media movements and policy changes in the United States. Over the last decade, digital platforms such as TikTok, Instagram and X have become important tools to encourage political involvement. These platforms have led to an increase in public participation, movements to become more popular and to organize protests. Many current studies focus on the social and cultural aspects of online activism, but fewer examine wither these movements lead to the legislative change asked for.

This thesis relies on the question, "To what extent does social media activism contribute to policy change …

Quantifying Ai Hallucinations In Legal And Financial Documents, Emily M. Mcguigan

Honors Undergraduate Theses

With the emergence of Artificial Intelligence, it has become recognized that hallucinations may be interwoven into documents. Hallucinations are statements that do not have a basis in fact, even though they appear to be true. My thesis will be centered on how hallucinations can be quantified in financial documents and legal documents. These two areas were chosen because they have an immeasurable effect on business. Recently, there have been several court cases in which an attorney included case citations that were hallucinations rather than being real cases. The attorney was fined by the judge. A new development might be for …

The Price Of Labor: The Kafala System And Human Rights Violations, Susana El Souki El Assal

Honors Undergraduate Theses

The present research analyzes the Kafala sponsorship system and how it impacts the rights and lives of migrant workers in Middle Eastern and Arab Gulf countries. The Kafala system connects a worker's legal status to their employer, providing companies with significant power over their employees' occupations, movements, and ability to leave the nation. Although some governments as well as businesses maintain that the system promotes economic growth and provides important labor, many studies reveal that it can result in exploitation, such as passport seizure, postponed wages, unsafe working conditions, and reduced freedom. The objective of this study is to understand …

H. Thomas Wells, Jr. Aba President (2008-2009) Collection, University Of Alabama School Of Law

Manuscript Collections

The H. Thomas Wells, Jr. ABA President (2008-2009) Collection consists of two cubic feet of correspondence, remarks, and speeches from his time as president of the organization.

To see a digital version of this collection, please visit the H. Thomas Wells, Jr. ABA President (2008-2009) Collection.

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

The Impact Of Digital Surveillance On Workers In Conflict Zones: A Case Study Of Kashmir, Sana Paul

Emory International Law Review

No abstract provided.

Age, Law, And Political Economy, Alexander Boni-Saenz

Articles

This Article examines the intersection of age, class, and the law. Its central claim is that age is an essential dimension for the analysis of law and political economy. There are two primary reasons why. First, age is embedded in a large body of legal rules that structure the labor market and address vulnerabilities associated with particular life stages. Child labor laws set minimum ages for entry into the workforce, while social welfare laws use age eligibility criteria to shape the material conditions for older adults. Second, age and its sibling concept, generation, indirectly shape economic and political relations by …

Acceptance Remarks For The 2026 Distinguished Service Award For Lifetime Achievement: Reflections On Journey, Learning And Paying It Forward, Jack Butler

Emory Bankruptcy Developments Journal

No abstract provided.

U.S. Administrative Law: A Casebook (6th Ed.), Jud Mathews

Faculty Scholarship

The number of administrative law texts is vast. The approach of this one, now in its fifth edition, is simple. It is: (1) to focus on the richest and most canonical cases; (2) to provide more extensive extracts of them than most casebooks; and (3) to keep the notes to a bare minimum. Updated through October 2025, the book contains a number of significant decisions from recent Supreme Court terms, as well as foundational classics that many contemporary casebooks cut, and much in between.

De-Skilling Or Re-Skilling? The Case For Smarter Writing Assignments, John Lande

Faculty Publications

This article challenges the assumption that AI inevitably leads to the de-skilling of law students.  Some faculty understandably fear that students will use AI to bypass critical thinking and avoid meaningful effort.  This article reframes AI as a potential catalyst for improving legal education rather than inherently a threat.

Concerns about de-skilling generally are based on the assumption that faculty will not change traditional writing assignments.  This article analyzes why these assignments often fail to help students develop strong analytical and writing skills. These include limited instruction in basic writing skills, poor design, lack of feedback, and faculty inertia in …

J Mich Dent Assoc January 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons. The January 2026 (Volume 108, No. 1) issue of the Journal is published in a print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Pediatric Dentistry and 2025 Life Membership recipients.

Regular monthly contributions include:

• Editorial …

Standard Textualism, James A. Macleod

Articles

For as long as legal scholars have been writing about the rules-versus-standards distinction, textualism has been understood to produce characteristically rule-like law. This Article argues for the opposite view. Far from generating the “law of rules” that Scalia famously envisioned, the rule of modern textualism produces a law of standards—much more so than anybody, proponent of textualism or critic, appears to have recognized.

Two aspects of today’s textualism produce this result. The first is its emphasis on ordinary language and communication. Modern textualism typically produces standards because ordinary language and communication are typically standard-like. The second is modern textualism’s drive …

When The Internet Attacks, Craig Cowie

Cardozo Law Review

Courts have struggled with applying personal jurisdiction in cases involving intentional torts where the defendants act outside the forum, and the problem is particularly apparent and acute when the defendants use the internet to commit the tort. For example, is there jurisdiction when a defendant doxxes someone and calls for violence? What if they leave a bad Yelp review? Or tweet a defamatory statement? Courts have used many tests for determining whether personal jurisdiction is appropriate in these situations, but there has been relatively little recent scholarship on whether these tests are appropriate for analyzing personal jurisdiction in these contexts. …

The Permanent Bar(S): The Unprincipled Cage Of Retribution For Immigrant Youth, Dianara Ramirez Ibarra

Cardozo Law Review

This Note argues that a minor’s diminished decisional capacity should be recognized as an affirmative defense when a permanent bar that is triggered during minority strips away a noncitizen’s opportunity to gain lawful status in the United States. Dreamers and Deferred Action for Childhood Arrivals (DACA) recipients, individuals who arrived in the United States as children, are victims of punitive immigration laws that have extinguished any possibility of securing lawful residency in the United States. Even more egregiously, Dreamers and DACA recipients are subject to these permanent bars despite lacking the intent and capacity to fully understand the long-term consequences …

Front Matter

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.