Digital Commons Network^™

Engaging Immigrant Families Of Children With Disabilities: Recommendations For Practitioners, Robai N. Werunga, John William Mckenna, Rocio Rosales

Developmental Disabilities Network Journal

Family involvement is essential for positive school outcomes. Yet research suggests that family engagement for students with disabilities may be marked by conflict. Furthermore, creating an environment that promotes active engagement for immigrant families may be challenging. In this paper, we synthesize existing research, legal guidance, and community-engaged insights to present four practice-oriented recommendations for educators and practitioners working with immigrant families of children with disabilities. Grounded in Hans and Love’s stages of immigrant family engagement, these recommendations aim to support meaningful and culturally responsive participation in special education processes.

Reframing Narratives: Remedies For Improved Human Trafficking Coverage, Stefanie Henriques

The Pegasus Review: UCF Undergraduate Research Journal

The global rise in human trafficking is not receiving adequate media attention. While newspaper coverage of the topic has increased, current research argues that the issue is framed with a lack of diversity, limiting audience understanding of its complexity. Some researchers also note that coverage disproportionately focuses on sex trafficking, with minimal attention directed to other forms of trafficking such as the labor or organ trade. This paper conducts a narrative literature analysis of media research on human trafficking, drawing on framing theory to identify dominant frames in media messaging and synthesize cross-cultural factors that impact how the issue is …

Evaluating Legal Frameworks For The Protection Of Consumers Of Digital Financial Services: Global Trends And Their Significance For Vietnam, Ha Son Nguyen, Lanh Dinh Cao, Nguyen Dinh Phan

International Journal on Consumer Law and Practice

The development of digital financial services (DFS) in the context of global digital transformation poses fundamental challenges for the legal framework for consumer protection, particularly in developing countries such as Vietnam. This article argues that the sectoral approach currently adopted in Vietnam, with rules dispersed across various specialized statutes, has created a structurally significant legal gap, a lack of consistency in protection standards, and limitations on effective coordination among regulatory authorities. It thereby undermines the law’s capacity to protect consumers in the highly cross-sectoral environment of digital finance.

Through an analytical and comparative approach that draws on the experiences of …

They, The People, Ammel Sharon

Socio-Legal Review

This essay engages with Rohit De and Ornit Shani’s Assembling India’s Constitution by situating it within a broader conceptual history of “the people.” While the book offers a compelling account of participatory constitution-making, the essay suggests that it opens up further questions about the conceptual and historical conditions shaping the people as a political subject. Drawing on contemporary political theory on populism, the essay explores how politics invokes the people through affective and performative practices alongside constitutional forms.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama

Brooklyn Journal of International Law

Under international law, sovereign states are the primary subjects of rights and obligations and possess the authority to conclude treaties. Domestic constitutions typically allocate foreign affairs powers to national governments. Nonetheless, subnational governments—including prefectures—regularly engage in international activities. In some federal systems, constituent units are expressly authorized by their constitutions to conclude international agreements. By contrast, the Constitution of Japan vests foreign affairs authority exclusively in the national executive and is silent on the authority of prefectural governments. This Article uncovers and analyzes approximately 180 previously unexamined international commitments concluded by Japanese prefectural governments with foreign states, identified through information …

The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi

Brooklyn Journal of International Law

Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several …

Necessary Biosafety Precautions For Patented Gmos: Ramifications Of Inconsistent Parties Between The Cartagena Protocol And Trips Agreement, Lauren Clements

Brooklyn Journal of International Law

Genetically Modified Organisms (“GMOs”) compose a class of potentially patentable biotechnology that are prominent in international markets. Developed countries like the United States, function as leading producers of these patented GMOs and therefore play a significant role in their development and transnational export. Minimum protections for these forms of biotechnology are outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), which permits the patenting of GMOs that ultimately enter the stream of international commerce. Notwithstanding the potential risks GMOs present to the environment, public health, and the economy, the TRIPS Agreement fails to address any form …

Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari

Brooklyn Journal of International Law

High frequency trading has transformed global financial markets, introducing both efficiency gains and significant regulatory concerns. This Note analyzes the divergent approaches of the United States and China in regulating high frequency trading, focusing on how each system addresses issues of market manipulation, information asymmetry, and systemic risk. It contends that the United States’ reliance on outdated and indirect regulatory mechanisms, such as Regulation NMS, has failed to keep pace with technological advancements. In contrast, China’s more recent and targeted regulatory framework provides clearer guidance and stronger oversight of high frequency trading practices. This Note concludes that a hybrid approach, …

Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion

Brooklyn Journal of International Law

As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.

San Diego International Law Journal

Despite entering the United States legally as children through intercountry adoption, thousands of American adoptees face deportation as adults because their parents failed to finalize their citizenship. Many of these adoptees have no meaningful linguistic, cultural, or familiar ties to their birth countries, and most have lived in the United States practically their entire lives. This Article explores the legal implications regarding the deportation of intercountry adoptees. More specifically, this Article argues that the deportation of intercountry adoptees reflects a grave systemic failure that violates international human rights law, rather than a mere shortcoming of domestic immigration policy.

Consulting various …

Film, Television, And Artificial Intelligence: Ensuring The Role Of Screenwriters In Anticipation Of Generative Artificial Intelligence’S Increasing Capabilities, Rachel Johnson

San Diego International Law Journal

Artificial Intelligence (AI) currently is one of most critical topics discussed across industries. AI technology, such as Generative Artificial Intelligence (GAI), looms over people employed in creative fields who view it as a threat to their livelihoods. Legislative and judicial law must grapple with the complex legal issues GAI poses. In the entertainment realm, employees in professions such as Hollywood’s film industry have found ways to secure their present and near future against AI-encroachment.

In 2023, the Writers Guild of America (WGA), a labor union covering the screenwriters of television and film, coordinated the second longest labor strike in Hollywood’s …

Unlocking Green Innovation: Navigating Trade Secret Law In The Quest For Sustainable Solutions, Jacob Wright

San Diego Journal of Climate & Energy Law

This Comment explores the tension between trade secret protections and the global demand for climate-related technologies, arguing that a more balanced approach is necessary to align intellectual property law with the public interest. By examining the limits of existing legal frameworks, such as the DTSA, this analysis will highlight how these laws prioritize proprietary interests over environmental needs. It will also propose regulatory strategies that could help bridge this gap, such as expanding compulsory licensing frameworks, implementing public-private partnerships, and introducing public interest exceptions specifically tailored to clean energy technologies. Ultimately, this comment aims to contribute to the ongoing conversation …

Political, Legal & Ethical Implications Of The United Nations Resolution 1441 & Its Resulting Iraq War, Anika Elyse Segall

Honors Projects

This paper analyzes the political, legal, & ethical implications of the United Nations Resolution 1441 & its resulting Iraq War. The central question of this paper is answered in these sections: 1. Politics: Is it politically convincing (whom did it convince and not convince) to invade Iraq?  2. Law: Is it legally convincing (which body of law) to invade Iraq? 3. Political Ethics: How has this informed how the US has conducted foreign policy and war-making in the Middle East since 2003?

Meeting Basic Human Needs, Mark Ward

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This communication presents the basic human needs approach as a strategy for development assistance. It examines how bilateral aid can be oriented toward essential needs such as food, education, health, housing, and employment. The paper highlights the social dimension of development policy and argues that economic growth should be assessed in relation to its capacity to improve living conditions, reduce poverty, and meet the fundamental needs of the population.

What's The Point Of Reparation?, Daniel Fryer

Tulsa Law Review

No abstract provided.

This Is Not Who We Are: Punishment Is Justified As Disavowal, Mark Pickering

Tulsa Law Review

No abstract provided.

The Ministerial Exception And Its Relationship To The First Amendment, Erik W. Stanley

Tulsa Law Review

No abstract provided.

Privately Negotiated Withdrawals: How Shareholders Can Shape A Company's Carbon Emissions Reduction, Gabriella M. Chioffi

Duke Environmental Law & Policy Forum

Governed by the U.S. Securities and Exchange Commission's Rule 14a-8, shareholder proposals are a fundamental and longstanding mechanism that investors use to express their opinions and preferences on how a corporation is operating. Over the last decade, there has been a marked shift in the subject matter of the proposals that shareholders are submitting, as concerns relating to the environment have become an increasingly key issue. However, shareholder support for these climate-related proposals reached its highest point in 2021 and has declined slightly in subsequent years. The conditions that made shareholder proposals a successful tool in 2021 have since changed, …

Colonial To Neoliberal Governmentality In Monument Governance: Shifting Positionalities Of The Monument Adjacent Communities In India, Ujal Kumar Mookherjee, Shreyasi Bhattacharya

Socio-Legal Review

Organised monument governance in India began during the colonial rule. The colonial governance enterprise was bureaucratic and worked through stringent laws which often came down heavily on the monument-adjacent communities. The totalising nature of Indian colonial governmentality fractured the local community, disabling their engagement with the State either as civil society, as individuals or as social groups, while on the other hand enabling such engagement through a “community” constructed on religious lines. Colonial continuities in monument governance meant that a roughly similar position continued in the post-colony. On the international plane, however, there has been a discursive shift in valorisation …

The Civil Liability Gap For Oil Spills Caused By Non-State Armed Groups: The Case Of The Mv Sounion Tanker In The Red Sea, Emery Hansell

Duke Environmental Law & Policy Forum

On August 21, 2024, the Greek-flagged oil tanker MV SOUNION ("Sounion") was attacked by Houthis as it passed through the Red Sea. The Houthis, a rebel group that controls large swaths of Yemen, then set the ship ablaze, threatening to spill roughly 1 million barrels of crude oil into the water. The cleanup was anticipated to cost $20 billion. The question thus arises: who would—and who should—pay for that cleanup? At the moment, there is no effective solution.

As an initial matter, current international law focuses on State liability and is therefore unlikely to require the Houthis—as a non-State actor—to …

Phasing Out A Way Of Life: How Decarbonization Affects Coal Dependent Communities, Alex Loeb

Duke Environmental Law & Policy Forum

As member states seek to comply with European Union industry rationalization directives that will force mines that cannot compete with free-market prices without subsidies to close, domestic governments across Europe will face competing pressure from civil society. Many traditional European mining communities are dependent on the coal industry and will resist the phase out of its position in the European energy mix. In Asturias, Spain, the phase out of non-competitive coal mines has had devastating impacts on former mining towns, as they struggle to transition to a coal-free economy. After phasing out coal, Asturias has struggled with unemployment and significant …

Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith

Journal of Feminist Scholarship

In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …

A Trainwreck In The Making: The Alaska Railroad Right-Of-Way, John W. Pletcher, Mia E. Manney

Alaska Law Review

This Article argues that the Ninth Circuit erred in Alaska Railroad Corp. v. Flying Crown Subdivision Additions Nos. 1 & 2 Property Owners Ass'n by recognizing an exclusive use easement that permits the Alaska Railroad Corporation to unilaterally exclude private property owners from non-interfering uses of the right-of-way. Drawing on common law easement principles reaffirmed in Marvin M. Brandt Revocable Trust v. United States, the Article demonstrates that exclusivity must be conferred through specific language in a creating instrument and cannot be implied from federal railroad legislation. The Article calls for legislative reform and remedial judicial interpretation to curtail …

Protecting Bearded Seals In Alaska: The Esa, Critical Habitat Designations, And Climate Change, Caitlyn Leary

Alaska Law Review

Rapid climate change in the Arctic has accelerated the loss of sea ice, threatening the survival of one of Alaska's most vital species: the bearded seal. In 2012, the National Marine Fisheries Service (NMFS) listed the bearded seal as "threatened" under the Endangered Species Act (ESA). Ten years later, the agency designated approximately 174 million acres of occupied critical habitat for the seals on the northern coast of Alaska, along the Bering, Chukchi, and Beaufort Seas. NMFS reasoned that a large designation was necessary to account for the dynamic and seasonal nature of sea ice. In 2024, however, the U.S. …

Carbon Cash Back: A Green Ubi For A Decarbonized Future, Lily Skopp

Alaska Law Review

This Note supports a framework for climate governance that transforms carbon tax revenues into equal per‑capita cash distributions for all United States residents: a green universal basic income (UBI). It examines how the institutional structure of the Alaska Permanent Fund Dividend (PFD) can guide the design of a federal resource‑based dividend. By combining economic analyses of efficiency and distribution with legal scholarship on political salience and administrative design, the Note uses Alaska's PFD as an empirical case study to connect two often separate literatures. The Note introduces the PFD's key features—universality, independent fund management, and a narrative of collective resource …

Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal

Indian Journal of Law and Technology

This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …

You Must Be This Tall To Scroll: California's Questionable Approach To Parenting By Policy, Caroline M. Cuddy

Pace Law Review

This note examines California's Protecting Our Kids from Social Media Addiction Act (SB 976), signed into law in September 2024, which prohibits personalized algorithmic feeds on minors' accounts without pa- rental consent and restricts platform notifications during school hours and nighttime. Drawing on the Supreme Court's decision in Brown v. Entertainment Merchants Association and related federal litigation, this note argues that SB 976 is unconstitutional under the First Amendment. Specifically, SB 976 is underinclusive because it fails to meaning- fully reduce minors' screen time, exempts comparable addictive plat- forms, and permits the very algorithmic feeds it deems harmful upon parental …

Bridging Covenant And Efficiency: A Mixed-Methods Exploration Of Faith-Based Environmental Nonprofits Under New Public Management Reform, Jacob Berry

Journal of Law and Government

This paper explores covenantal environmental administration as a significant framework for contemporary public governance within faith-based environmental nonprofits (FENs). As New Public Management (NPM) reforms increasingly shape nonprofit administration through efficiency and performance metrics, covenantal governance emerges as an alternative rooted in mutual obligation, ethical leadership, and spiritual stewardship, concepts deeply embedded in Judeo-Christian traditions exemplified by loving fulfillment. Contrary to perceptions of incompatibility between ethical-spiritual values and data-driven accountability, this study argues that integrating covenantalism with New Public Management practices can enhance organizational performance, stakeholder trust, and ecological outcomes. Employing theoretical analysis and empirical tools (notably the Covenantal Empowerment …