Digital Commons Network^™

Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi, Shafira Meutia Syahrial, Edmon Makarim, Zahrashafa Putri Mahardika, Ayu Galuh Anggraini

Technology and Economics Law Journal

The United Nations declared the internet a global facility. Over the past decade, the urgency of efforts to protect the safety and security of cyberspace has increased exponentially with numerous malicious cyber incidents impacting infrastructure that provides services to the public. The internet is a communication channel related to the lives of many people, so all countries have a role to protect the internet. The preamble to the 1945 Constitution mandates the formation of a government to protect the Indonesian nation. The government is responsible for state administration based on Article 40 of the ITE Law, particularly in the case …

Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The End Of Amateurism: Title Ix Challenges In The New Ere Of College Athletics, Georgia G. Kemmett

Honors Theses

This thesis examines whether emerging revenue-sharing models in intercollegiate athletics following the House v. NCAA settlement can be reconciled with Title IX’s mandate of sex-based equity. While antitrust law has accelerated the collapse of NCAA amateurism by dismantling restrictions on athlete compensation, the resulting revenue-sharing framework risks concentrating financial benefits in male-dominated sports, particularly football and men’s basketball, thereby raising significant legal and policy concerns under federal civil rights law.

Through analysis of Title IX doctrine, antitrust jurisprudence, OCR guidance, NIL regulation, congressional reform proposals, and emerging litigation involving gender identity and athlete eligibility, this thesis argues that commercialization and …

Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele

Honors Theses

When the Catholic Church revised its paragraph in the Catechism that concerned the teaching on the death penalty, many believed that this seemed to contradict the Church’s traditional teaching on the death penalty, which has included the writings of thinkers like St. Thomas Aquinas. However, after applying principles of his natural law theory, this apparent contradiction goes away, and the full Catholic teaching on the death penalty comes to light. Several key theses of Thomist natural law will be described, addressing the metaphysical, epistemological, and ethical questions it seeks to answer. This will be the backbone of my paper as …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Idaho Law Review

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

Idaho Law Review

This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending long established immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by …

The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …

The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber

Student Theses 2015-Present

This thesis examines the disproportionate burden of lead exposure carried by low income, POC communities. The systemic nature of this problem is a symptom of a longstanding legacy of environmental injustice in the United States. Decades of federal neglect are reflected in the higher statistics of lead exposure and poisoning in predominantly black communities. While it is understood that lead exposure poses a serious threat to physical health and early cognitive development, there is a discouraging lack of urgency to remove the toxin from non-wealthy communities. The material covered by this thesis aims to identify and correct the discriminatory social …

Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams

University of Miami International and Comparative Law Review

Human Rights in the Americas Symposium: An Examination of Past, Present, and Future documents a week-long convening hosted by the University of Miami School of Law in November 2025, held in conjunctions with the 194th Period of Sessions of the Inter-American Commission on Human Rights. The Symposium brought together scholars, advocates, policymakers, students, artists, and community members to assess the evolution, current challenges, and future trajectory of human rights in the Americas.

Through interdisciplinary panels, thematic hearings, artistic exhibitions, and community-based engagements, participants examined pressing regional issues, including democratic backsliding, migration, housing justice, racial and gender inequality, environmental harm, and …

Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees

University of Miami International and Comparative Law Review

The Americas and the Caribbean are undergoing rapid demographic aging amid structural inequality, widespread informality, and fragile social protection, exposing older persons to heightened risks of disease, poverty, exclusion, and abuse while reinforcing their construction as dependents rather than autonomous rights-holders. Grounded in the Inter-American Human Rights System, and complemented by empirical evidence, the analysis situates demographic aging as a structural human rights priority and traces the evolution of regional standards culminating in the Inter-American Convention on Protecting the Human Rights of Older Persons. It then examines advances and gaps in national protection systems in Latin America and the Caribbean …

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …

Hidden In Plain Sight: A Critical Examination Of The Sec’S Climate Disclosure Rule And Shortcomings In Addressing Multinational Instances Of Industrial Pollution, Charity Christina Williams

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Smash And Grab: How Cultural Property Theft And Destruction Erase Civilizations, Katie-Ann Miller

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Ending The Stigma: Abolishing India’S Marital Rape Exception And Post Abolition Practices, Hibah Hasan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Conceptual Architecture Of America First—Ideological Transactionalism And The Case Of Cuba, Larry Catá Backer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Are There Gender Disparities In Chinese Legal Education? – An Empirical Enquiry, Peter C.H. Chan, Haojin Duan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Relationship Between Judges’ Gender And Caseload Clearance In Jamaica’S Parish Courts, Sonia Bertram Linton

Walden Dissertations and Doctoral Studies

No abstract provided.

Navigating The Tension Between The Rule Of Law And Judicial Discretion Without Robot Judges, Michael H. Simon

Mercer Law Review

The rule of law is a multifaceted concept about which there is no generally accepted understanding of what that phrase precisely means or all that it includes or excludes. It is, however, something that is widely praised and that almost all governments and officials claim to follow. One of the few areas in which there appears to be consensus is that the rule of law requires that like cases be treated alike. When a substantive legal rule directs only one correct answer, it is not difficult to treat like cases alike. There are many disputes, however, that come before trial …

Children, Clicks, And Constitutional Blind Spots: The First Amendment And The Regulation Of Social Media For Minors, Pepper Miller

Mercer Law Review

“A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.” This oft-quoted maxim from Packingham v. North Carolina has become a touchstone for the wave of litigation challenging state laws that restrict minors’ access to social media platforms. But, in the rapidly advancing age of social media, should the principle still stand that all persons, specifically minors, are entitled to unfettered access to such novel spaces where they can speak and listen? Underpinning the discussion of this issue lies “a …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

All Rights Reserved . . . For Disney: Corporate Mouse Traps, A Frozen Public Domain, And How A.I. May Usher In A Whole New World For Copyright, Matthew A. Shatto

Mercer Law Review

Copyright, as a body of law, is a recent development in the human consciousness, originating in 1710 with England’s Statute of Anne. Nevertheless, in the three hundred years that followed, more copyright laws were enacted than murder statutes throughout recorded history. With these successive statutes, corporations have effectuated the largest land grab ever seen. Modern copyright law is the elephant in the room in discussions of wealth inequality, perpetuating evil inside and between countries. Moreover, it has deprived humanity of cultural roots, locking ideas behind a paywall that funnels wealth to the few and stymies ingenuity through the sterilization of …

No More Guessing Games: Rebuilding Clarity In Georgia’S Ante Litem Notice Statute, Ethan Debruicker Terrell

Mercer Law Review

Imagine a child’s shape sorter toy—the kind with square, circle, and triangle-shaped holes and equivalent pegs in the same shapes. The toy forms a foundation in a child’s development because, among other things, it teaches the child to problem-solve by (1) recognizing the problem (different-shaped pegs that must go in the sorter a certain way) and (2) solving it (placing each peg in the correct hole to sort the pegs). For simplicity’s sake, let us imagine the toy only has a square and circle-shaped hole with square and circle-shaped pegs. As the child intuitively learns the “rules” of the toy, …

404 Error - Relevance Not Found: Georgia’S Shift To Stricter Scrutiny Of 404(B) Evidence In Wilson V. State, Savannah Walker

Mercer Law Review

For decades, Georgia courts have treated Georgia Rule of Evidence 404(b) (“Rule 404(b)”) as an “evidentiary rule of inclusion,” an approach centered on the idea that if a prior act appeared relevant, it belonged in front of the jury. This practice was grounded in the belief that relevant prior criminal acts, like other forms of evidence, “should not lightly be excluded when central to the prosecution’s case.” In Wilson v. State, the Supreme Court of Georgia narrowed the standard for the admissibility of other-acts evidence, signaling a continuing judicial shift toward stricter evidentiary control that aligns more closely with the …