Digital Commons Network^™

Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova

Widener Commonwealth Law Review

No abstract provided.

Tracking In The Fast Lane: Are License Plate Readers An Invasion Of Privacy?, Lorelai Kline, Madelyn Paul, Catherine Scott, Tessa Mullinix

Student Scholar Symposium

The increasing deployment of Automated License Plate Readers (ALPRs) by law enforcement agencies has sparked significant debate regarding the balance between public safety and individual privacy rights in the digital age. This research investigates whether the use of LPRs constitutes an invasion of privacy, examining the tension between law enforcement's legitimate need for surveillance tools and citizens' constitutional rights to privacy.

This research examines court decisions and legal articles to understand how LPRs affect privacy rights. By looking at important cases like Carpenter v. United States and reviewing what legal experts have written, we can better understand when and how …

Muted Or Moderated: The Fight Over Free Speech, Ashlen Jones, Madaha Lewis, Sophia Shear, Lydia Scoper

Student Scholar Symposium

Social media platforms control online speech through content moderation, raising questions about censorship and First Amendment rights. Traditionally, the First Amendment protects speech from government interference, but private platforms now play a major role in regulating public discourse. This presentation examines how First Amendment principles apply to modern content moderation. By analyzing cases like Murthy v. Missouri and NetChoice v. Griffin, we explore the legal impact of online censorship and the difference between government restrictions and private platform policies. This research looks at the future of constitutional protections and corporate governance of digital spaces, offering insight into the future of …

Ai On Trial: Facial Recognition In Law Enforcement, Mallory Renee Syvertson, Morgan Marie Juillerat, Elijah Willson Ranck, Hayden Joseph Cassetto

Student Scholar Symposium

No abstract provided.

Looking Down The Road: The First Steps To A Public Interest Law Career, Amy Leipziger

Vanderbilt Social Justice Reporter

No abstract provided.

April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder

Vanderbilt Social Justice Reporter

No abstract provided.

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 …

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …

Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton

The Guardianship Journal

This paper examines the important role of storytelling in higher education as a technique for engaging students in course content and applies its relationship to the experiential learning theory (ELT) in which learners are actively seeking knowledge through authentic application. Storytelling can be a particularly effective method when used during live online seminars in public safety education, since this particular program of study often relies on verbally communicating realistic and credible information. Sharing various examples of actual encounters can help students better prepare for these types of situations when they face them in their future careers. Incorporating evidence to support …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

Parameters Winter 2025-26, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2025–26 issue of Parameters. We open with an In Focus commentary: “Responsibly Pursuing Generative Artificial Intelligence (GenAI) for the War Fighter” by A. Blair Wilcox and C. Anthony Pfaff. The issue also features two forums (Indo-Pacific Deterrence and Considerations for Modern Warfare) and the inaugural Strategic Competition Corner.

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.

Marketcrafters: The 100-Year Struggle To Shape The American Economy, Jay Nathan

Journal of Global Awareness

No abstract provided.

Rhetorical Strategies In Legal Argument: Their Influence On Judicial Decisions And Public Perception, Olivia Deluca

Honors College Theses

The relationship between rhetoric and law has long been debated by scholars, theorists, and practitioners. This project explores how rhetorical strategies used in judicial writing and legal discourse influence both judicial decision making and public perception of the law. Drawing on classical rhetorical theory, contemporary legal scholarship, and qualitative research, this study investigates how appeals to morality, precedent, and narrative shape legal legitimacy. The research incorporates interviews with legal professionals and textual analysis of landmark U.S. Supreme Court cases to examine how rhetorical language both reflects and constructs legal authority. Findings suggest that rhetoric functions not only as a persuasive …

Governance & Guardrails: Artificial Intelligence And Low-Wage Workers, Seema N. Patel

Maryland Law Review

No abstract provided.

How Ai Reinforces Caste: Creating And Amplifying Systematic Inequality, Catherine Powell

Maryland Law Review

No abstract provided.

No Return: Caste And The End Of The Liberal Debate Over U.S. Antidiscrimination Law, Julie Novkov

Maryland Law Review

No abstract provided.

Checks, Balances, Tariffs, And Justice Kavanaugh, Stanley I. Langbein

ConLawNOW

Justice Kavanaugh’s concurring opinion in FCC v. Consumers Research was remarkable in a number of respects, principally because it expressed very strong views on matters currently under consideration by the Supreme Court, although some of the issues he resolved were not issues posed by the Consumers’ Research case itself. Foremost among the positions he expressed were a muted version of the nondelegation doctrine and the view that the major questions doctrine has virtually no application to matters involving foreign affairs. The tariff decision now pending before the Court, in the V.O.S. Enterprises and Learning Research cases, may present a collision …

From Sidewalks, Streets, And Parks To Social Media: How Should Courts Apply The Public Forum Doctrine In The Digital Age?, Laurel Wanger

St. John's Law Review

(Excerpt)

This Note examines the circuit split over whether government officials’ social media pages constitute public forums and analyzes how the Supreme Court settled the doctrinal uncertainty in Lindke v. Freed. Part I presents context for this issue by explaining the origins of the public forum doctrine, the ways in which government officials use social media as a means of interacting with their constituents, and the circuit split regarding the proper test to be used when deciding these issues. Part II provides an overview of the majority test used by the Second, Fourth, Eighth, Ninth, and Eleventh Circuits, and …

It’S “Purposeful” For A Reason: Amb Media And Purposeful Availment In The Internet Age, Levi C. Griesing

St. John's Law Review

(Excerpt)

This Note argues that the Sixth Circuit’s ruling in AMB Media II expands the scope of personal jurisdiction to a degree that prevents fairness and due process for out-of-state defendants. Thus, this Note argues that the purposeful availment inquiry for cases involving generally-available commercial websites should include a targeting requirement—that there must first be an action to solicit business taken on behalf of the defendant in the forum state. Part I will review the goals of the personal jurisdiction doctrine and a brief history of purposeful availment cases before and after the Internet age. Part II will discuss AMB …

Gilded Executive Privilege: The Unstated Evidentiary Rule In Trump V. United States, Matthew D. Woodham, Ramona C. Albin

St. John's Law Review

(Excerpt)

In Trump v. United States, the Supreme Court of the United States held that a former President has absolute immunity from criminal prosecution for official acts within his core constitutional powers, presumptive immunity for all other official acts, and no immunity for private conduct undertaken while in office. Although the Court granted certiorari to address an immunity question, it then strayed into an evidentiary one in holding certain official acts evidence to be categorically inadmissible in the prosecution of private conduct. This Article interrogates the evidentiary foundation for this lesser-explored aspect of the Trump opinion and the danger …

Ai Against Copyright Law And Intellectual Property, Nate Oh

Bates College Undergraduate Law Review

No abstract provided.

The New Language: Contractual Interpretation In The Age Of Emojis, Kosi Moneke

Bates College Undergraduate Law Review

Since their creation in 1999, emojis have evolved from just playful visual expressions to communicative tools that are increasingly appearing in legal disputes. This paper explores emojis as mediums of legal meaning. It examines how U.S. contract law approaches emojis as evidence of assent, threat, conspiracy, and intent, and how established contractual doctrines have adapted to emojis as tools of expressive communication. Though ambiguous, this paper aims to demonstrate that emojis can be interpreted within existing contractual frameworks.

This paper is structured as follows: it situates emojis as a continuation of contract law's historical engagement with nonverbal assent. It will …

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 …

Ndls Communicator: Week Of 12.15.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Richard Ekins delivers distinguished constitutional law lectures at Harvard and Princeton
• 3L Dennis Wieboldt Awarded the 2025 Brown Award for Excellence in Legal Writing by the Judge John R. Brown Scholarship Foundation

Alumni News

• Gabriela Pacheco Arias ’08 LL.M. makes history as the first woman appointed Secretary of the Inter-American Court of Human Rights

Faculty Briefs

• Paolo Carozza
• Mary Ellen O'Connell
• David McIlroy
• Michael Addo
• Emily Bremer
• Haley Proctor
• Derek Muller

Events

• Final Exams, Dec. 9–18
• Faculty/Staff Birthday Celebration
• University Holidays, Dec. 24–Jan. 2

Around the Watercooler

• Thank you for attending the ND Law Christmas Party

The Dangers Of Being "Reef Safe": How "Reef Safe" Marketing Fails Consumer Protection Laws At Federal And State Levels, Molly Thorpe

Loyola of Los Angeles Law Review

The rise of the environmentally-conscious consumer has a corresponding side effect: environmentally-friendly advertising. Because environmental marketing is largely based on science, the average consumer lacks the requisite scientific literacy to determine whether a company’s product claims are legitimate. Although there are consumer protection laws that govern environmental marketing at both the federal and state levels, some forms of advertising fail to meet these standards, including “reef safe” sunscreen claims. “Reef safe” marketing alleges that certain types of sunscreen are better for the coral reefs than others.

This Note argues that “reef safe” advertising violates national and state consumer protection laws. …

Platforms, Privacy, And Power: Examining Predictors Of Online Intimate Information Disclosure And Expression, Alexis Shore Ingber, Danielle Keats Citron, Jonathon W. Penney

Articles & Book Chapters

When intimate privacy is violated, self- and relational development is impaired to the detriment of individuals and society. Despite these costs, there is a lack of systematic empirical and theoretical study of intimate privacy and efforts to protect it. This research helps fill this void through two complementary studies. Through a longitudinal experimental design, results from Study 1 highlight that partner trust and response-efficacy were not only positively predictive of online intimate disclosure, but also strengthened following knowledge of intimate privacy protections. In Study 2, we find individuals are more likely to engage in public-facing online sexual expression if the …

Tangible Recommendations To Execute California Assembly Bill 3099: A Proactive Approach To Combatting The Missing And Murdered Indigenous People Crisis, Hannah Marquis

Loyola of Los Angeles Law Review

Indigenous people across the United States experience disproportionately high rates of violence and relatedly high rates of murders and disappearances. This phenomenon has been coined the Missing and Murdered Indigenous Peoples Crisis (MMIP), and as a state with one of the largest Indigenous populations, California also has one of the largest MMIP caseloads. While California has recently taken action towards combatting the MMIP crisis, these have been largely “reactive” steps aimed at bolstering law enforcement responses to already occurring MMIP cases. As it stands, there is a gap in solutions that have a “proactive” focus aimed at lessening the risk …

Opening Brief For Plaintiff-Appellant Emery Barron, Steven Mitchell, Carolyn Sacco, Shaina Sikka, Madeline H. Meth

Faculty Scholarship

By the time Emery Barron sued Pennsylvania Department of Corrections officials in 2021, they had kept him caged for almost six years in solitary confinement without providing a pathway for him to reenter general population. Department of Correction policy calls for officials to review the ongoing need for solitary confinement after an initial ninety-day stint in disciplinary confinement. However, procedural carve outs allow officials to leave people like Barron in solitary indefinitely without an opportunity to be heard by a decisionmaker and without requiring officials to assert any legitimate penological interest behind the confinement.

Under this scheme, which violated both …