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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 …

From “Filed Under Seal” To “Frivolous On Appeal”: Potts V. Richardson And Georgia’S Movement Toward Enforceable Professionalism, H. Walker Purvis

Mercer Law Review

Potts v. Richardson marks a turning point in Georgia’s professionalism movement. On its face, the case involved an application of Georgia’s anti-SLAPP statute and the privilege afforded to communications made in connection with judicial proceedings. But the Court of Appeals of Georgia did more than resolve a defamation dispute. By imposing a $2,500 sanction under Rule 7(e) for what the court deemed a frivolous appeal, it in effect sanctioned a lawyer for conduct that violated the Georgia Lawyer’s Creed and Aspirational Statement on Professionalism.

Georgia has been a leader in the modern professionalism movement for decades. Central to that commitment …

Admiralty, John P. Kavanagh Jr.

Mercer Law Review

The cases discussed herein represent decisions from the United States Court of Appeals for the Eleventh Circuit, as well as district courts within the circuit, issued in 2025. While not an all-inclusive list of maritime decisions during that timeframe, the Author identified and provided summaries of key rulings of interest to the maritime practitioner.

The Rise Of Realism And The Search For Justice In 19th Century Literature, Isabella R. Clark

Honors Theses

This thesis follows parallel legal and literary arcs towards “Realism.” While these two movements do not have the exact same timeline, they both characterized the 19th century. This thesis intertwines the literary shift towards writing that more closely resembles reality with the legal realist aim at a justice that more closely relates to its society. As we look at three novels from the 19th century, we will see how the change in literary form relates to a change in legal philosophy as the popular literary style and goal was later formalized by the law. In our study of each novel, …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Employment Research Newsletter

No abstract provided.

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

Unequal Paths: Experiences Navigating The U.S. Naturalization Process And The Role Of Education, Cecilia Rayburn

Honors Theses

This study examines how educational attainment shapes immigrants’ experiences with the U.S. naturalization process, with a focus on how education influences confidence, access to resources, and the ability to manage bureaucratic demands. While the legal requirements for naturalization are standardized, the ability to navigate them varies widely across individuals. Applicants’ experiences reveal that the U.S. naturalization process is often more complex and unequal than it may appear. This research was conducted through five semi-structured interviews with naturalized citizens of varying levels of higher education. These interviews explored participants’ experiences with the application process, including their preparedness, access to support systems, …

Analisis Sistem Pemerintahan Dalam Uud Negara Republik Indonesia Tahun 1945 Pra Dan Pasca Perubahan, Serta Pelaksanaannya Dalam Praktek Ketatanegaraan, Fatmawati Fatmawati

Jurnal Hukum & Pembangunan

Abstract

Prinsip Military Necessity Dalam Hukum Internasional Humaniter, Hersapta Mulyono

Jurnal Hukum & Pembangunan

Abstract

Current Atmosphere Of Artificial Intelligence Liability: Implications And Best Practices For Legal Professionals And Ai Providers, Alyssa Heinze

NSU Undergraduate Law Journal

The rapid integration of artificial intelligence into the legal profession has transformed legal research, drafting, and decision-making, while simultaneously introducing novel ethical, regulatory, and liability risks. As attorneys increasingly rely on generative AI systems, concerns surrounding hallucinations, bias, confidentiality breaches, and deceptive outputs have led to heightened scrutiny for both legal professionals and AI developers. This paper examines the current and emerging landscape of artificial intelligence liability in the United States. It gives particular attention to the absence of a comprehensive federal regulatory framework, the constitutional controversy surrounding Executive Order 14179, and its preemption of state AI legislation.

By analyzing …

The Manifestation Of George Orwell’S 1984 In The Legal Profession’S Use Of Ai, Alexa Cedras

NSU Undergraduate Law Journal

George Orwell’s 1984 tells the chilling story of an oppressive regime that uses information control and manipulation to further its political agenda. Within the realm of 1984, the Party, the head of the regime, weaponizes instruments, such as a telescreen, to subject citizens to ongoing surveillance with the promise that any suspicious activity will be punished. In furtherance of that agenda, the Party controls every existing narrative of the past, present, and future, using their authoritarian position to alter primary and secondary sources for their benefit. Lastly, by creating a new language to serve as a linguistic constraint, the Party …

Blue, Red, And Bordered, Estefania Morales Vilchis

Student Scholar Symposium Abstracts and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

A New Age Dawns On First Street: The Supreme Court’S Use Of Loper Bright During The October 2024 Term, Ryan P. Mulvey, Michael Pepson

Liberty University Law Review

This Article analyzes the impact of the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron deference and redefined judicial review of legal questions in the administrative-law context. Specifically, the Authors explore how the Court operationalized Loper Bright throughout the October 2024 Term to emphasize the importance of independent, de novo review, as well as the robust use of traditional canons of statutory interpretation to reach the original public meaning of statutes. The Article also explores the implications of the Court’s recent use of Loper Bright for related doctrines like so-called “Skidmore deference,” the …

Balancing The Triangle: Restoring Judicial Interpretation Without Ignoring Agency Expertise After Loper Bright, William L. Burner

Liberty University Law Review

For nearly forty years, Chevron required courts to defer to an agency’s reasonable interpretation of an ambiguous statute, even when a better reading was available. This approach undermined the role of the judiciary and disrupted the separation of powers. Rather than interpreting the law, courts became second to the Executive Branch in determining what statutes meant. Congress contributed to the problem by drafting vague laws and depending on agencies to resolve the ambiguity. The result was a structural imbalance that left courts out of place and agencies in charge.

In Loper Bright, the Supreme Court ended Chevron deference and …

Band-Aid Over A Bullet Hole: The Lack Of Mental Health Care In Women’S Prisons And The Culture That Perpetuates It., Deborah, Julie, Karli Tellis, Misty, Olivia Hatch, Sara Manian

Vanderbilt Social Justice Reporter

No abstract provided.

Information Access And Correspondence Education For Incarcerated People, Evan J. Pasco

Library Research Scholars Program Spring 2026

Having quality access to education is an important factor in improving outcomes for incarcerated individuals, which includes higher employment rates and reduced recidivism. Unfortunately, incarcerated learners face many barriers when attempting to participate in these educational programs, such as high cost, censorship, and institutional restrictions. Despite the importance of continuing education, limited centralized information remains available on it or the obstacles that affect participation.

This project focuses on the broader information landscape for incarcerated learners, particularly examining correspondence education programs in the United States. This research includes an analysis of common barriers in accessing education, a review of scholarly literature …

Rehabilitation In Name Only: Structural And Procedural Failures In Tennessee’S Parole System, Laney Quickel, Ashia Davis, Kresha Patel, Michelle, Camillia, Sherra

Vanderbilt Social Justice Reporter

No abstract provided.

Reformasi Pendidikan Hukum Di Indonesia, Hikmahanto Juwana

Jurnal Hukum & Pembangunan

Abstract

Strength In Collaboration: A Unified Dd Network Approach To A Statewide Needs Assessment, Emily R. Lanchak, Julie Lounds Taylor, Bruce L. Keisling

Developmental Disabilities Network Journal

To strengthen collaboration, improve efficiency, and reduce respondent burden, the Tennessee Developmental Disabilities (DD) Network launched a first-of-its-kind integrated statewide needs assessment. This two-year, mixed-methods effort gathered input from nearly 1,500 individuals with disabilities, family members, and professionals through an accessible survey and follow-up focus groups. Tennessee DD Network partners co-developed measures, coordinated outreach efforts, and pooled resources to ensure broad representation and inclusive participation across communities statewide. Community members with lived experience were involved throughout the process, helping to ensure materials were usable, relevant, and respectful of diverse needs. The resulting shared dataset provides a foundation for each organization’s …

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

Judgment By The Record: How The Eleventh Circuit Is Shaping Retail Litigation And Regulation, Susan L. Shin, Aubrianna L. Mierow

University of Miami Law Review

The Eleventh Circuit’s 2025 term reinforced a disciplined, text-driven approach to statutory and contractual interpretation and a firm demand for proof: the court vacated an FCC rule that restricted consent beyond what the Telephone Consumer Protection Act (TCPA) provides. It rejected a constitutional challenge to adjudication by the Office of the Chief Administrative Hearing Officer (OCAHO) while emphasizing the Attorney General’s supervisory role. It required plaintiffs alleging deception through promotional content to identify the specific communication at issue. It denied standing for credit file inaccuracies absent dissemination or real-world effect. It interpreted standard limitation clauses to preserve direct damages under …

It’S Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer To Finally Abandon Its Single Entity Structure, Aaron Glas

University of Miami Law Review

Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term professional soccer league in the United States. It was structured as a single entity to keep costs low, promote an even playing field, and avoid costly antitrust suits brought by its players. The United States Soccer Federation (“USSF”) helped insulate the league from competition in its infancy, but MLS is now a completely different league from …

Ndls Communicator: Week Of 05.04.26, Notre Dame Law School

NDLS Communicator

The Latest News

• In Memoriam: G. Robert Blakey, the William J. and Dorothy K. O’Neill Professor of Law Emeritus, Notre Dame Law School
• Rev. Patrick Reidy Named 2026 Distinguished Teaching Award Recipient
• ND Law student Joshua Robe receives University of Chicago Federalist Society Eaton Award
• Justice Mary Yu ’93 J.D. Delivers 2026 Peace Through Law Lecture at Notre Dame London on the Death Penalty and the Pursuit of Justice
• Notre Dame Law School’s Private Law Workshop Engages Students with Cutting-Edge Legal Scholarship
• LL.M. student Anipha Abass Mwingira attends the 70th Session of the UN Commission on the Status of Women …

From Promise To Practice: An Analysis Of The De Jure-De Facto Gap In The Individuals With Disabilities Education Act, Alyssa S. Piccoli

Honors Scholar Theses

Children with disabilities face educational disparities in the United States despite the existence of the Individuals with Disabilities Education Act (IDEA), which was enacted by the U.S. Congress to ensure a Free Appropriate Public Education (FAPE) for such children. As promises of protection are overshadowed by discrepancies in access, quality, and consistency across school districts (Seligman 2005), this paper examines the legal factors that aggravate the paradox between de jure educational rights and their de facto fulfillment for children with autism. To better understand how these challenges manifest in the legal arena, I analyze twenty-four legal cases and seventy claims …

Mediasi Sebagai Alternatif Penyelesaian Sengketa Di Luar Pengadilan, Sri Mamudji

Jurnal Hukum & Pembangunan

Abstract

Pengaturan Tindak Pidana Pemilu Di Empat Negara Asia Tenggara, Topo Santoso

Jurnal Hukum & Pembangunan

Abstract