Digital Commons Network^™

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Analyzing Best Practices In Reintegration, Education, Restorative Justice, And Reentry, Sergio Grossi

Open Educational Resources

This collaborative assignment in SOC 301 (Penology) requires students to critically examine best practices in reintegration, prison education, rehabilitation, and restorative justice through comparative international case studies, such as APAC, Bastøy Prison, or the Inside-Out Prison Exchange Program. Working in groups, students analyze at least five peer-reviewed sources to assess both documented benefits (e.g., reduced recidivism, improved reintegration) and key challenges (e.g., scalability and sustainability). The scaffolded structure—proposal, draft, final paper, and presentation—strengthens research skills, critical thinking, and evidence-based academic communication.

Analyzing Minnick V. California Using Chatgpt, Nicholas Malkov

Open Educational Resources

This assignment in the Race and Ethnicity course asks students to critically analyze the Supreme Court case Wayne Minnick et al. v. California Department of Corrections et al. through a structured case brief and ethical use of AI. Students examine key legal elements of the case while exploring issues of race, ethnicity, and institutional discrimination in the correctional system. After briefing the case, students use AI tools to generate and revise discussion questions that deepen analysis of themes such as racial discrimination, intersectionality, sentencing, advocacy, and policy reform. The assignment emphasizes critical thinking, legal analysis, and responsible AI engagement.

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

The Indelible Flaws Of Conviction Integrity Units, Sarah Gottlieb

University of Colorado Law Review

No abstract provided.

More Than A Lawyer: Participation, Representation, And Outcomes In Los Angeles Debt Collection Court, Josephine V. Aspromonte

CMC Senior Theses

This paper estimates the effect of legal representation on case outcomes using 531,959 limited-jurisdiction debt-collection cases filed in the Los Angeles Superior Court between 2012 and 2022. Defendants are classified into three groups: those who defaulted without responding, those who responded pro se, and those who retained counsel. Because defendants are not randomly assigned to representation, three estimation strategies address selection bias: a binary logit, a multinomial logit with text-mined docket covariates, and propensity score matching on pre-treatment characteristics.Three findings emerge. First, the binary logit associates representation with a 10 to 13 percentage point reduction in default probability, but matching …

From Governed To Subjected: The Supreme Court And The Collapse Of Rule-Of-Law Adjudication, Katherine E. Schwab

CMC Senior Theses

This thesis argues that the Supreme Court is producing a structural crisis in rule-of-law adjudication through three converging mechanisms: the expanded use of the shadow docket, the cynical appropriation of precedent, and the dominance of strict originalism. Each independently undermines the conditions that distinguish legitimate governance from the mere exercise of coercive power. Together, they replace the general, stable, publicly intelligible norms the rule of law requires with the successive pronouncements of whoever currently holds interpretive power.

The thesis develops its argument in three stages. First, drawing on Antonin Scalia's account of rule-like precedent and Jeremy Waldron's layered theory of …

A New Playbook: The Procedural Resilience Of Oregon’S Rooney Rule In The Wake Of Students For Fair Admissions V. Harvard, Jada I. Cook

CMC Senior Theses

This article evaluates the constitutionality of Oregon’s codified Rooney Rule considering the Supreme Court’s decision to end affirmative action in Students for Fair Admissions (SFFA) v. Harvard. Passed in 2009, the Oregon mandate requires public universities to include at least one minority applicant in the interview process for all head coaching vacancies. By analyzing the architectural origins of the Rooney Rule within the National Football League (NFL) and the systemic racial exclusion it sought to dismantle, this research explores whether interview-stage mandates, that are applied at the state level, can survive the rigorous application of the strict scrutiny standard. …

The History Of Mass Incarceration And Its Implications, Evan Sevaly

CMC Senior Theses

In this thesis, I develop a model to answer four questions about US incarceration: why did incarceration increase between 1973 to 2009, why have incarceration figures experienced an overall decrease since then, and what explains their oscillation, why has the penal system consistently incarcerated marginalized groups at disproportionate rates, and why is the US an incarceration outlier compared to other industrialized countries? I split the competing explanations to these questions into four schools of thought: the perspective that neoliberalism caused mass incarceration, the perspective that surpluses in finance capital, land, population, and state capacity caused mass incarceration, the perspective that …

The Impact Of The Filibuster On The Ideological Composition Of The Judiciary, James Cullers

CMC Senior Theses

This paper examines whether the 2013 Senate filibuster reform–the so-called "nuclear option"–changed the ideological composition of federal judicial nominees and whether that change translated into different confirmation outcomes. Using ideology scores from the Database on Ideology, Money in Politics, and Elections (DIME) matched to a dataset of all federal judicial nominees from 2000 to 2024, we separate the judicial selection process into two stages: presidential nomination and Senate confirmation. At the nomination stage, we find that post-2013 nominees were approximately 71% more likely to be ideologically extreme by pre-reform standards, a large and statistically significant shift consistent with presidents responding …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

The Steelerville Case: Applying Criminological Theory To Crime And Police Morale, Shamus Smith

Open Educational Resources

Students use a fictional town’s economic decline and rising crime to evaluate at least two criminological theories and their implications for policy. Role-playing as consultants, they develop research-supported recommendations to reduce crime and improve police morale.

The Nlrb’S Authority To Make Workers Whole, Wanny Mei

Fordham Law Review

In December 2022, the National Labor Relations Board (NLRB or the “Board”) announced a modified make-whole remedial framework in Thryv, Inc.For all standard make-whole relief orders, the Board would order relief for direct or foreseeable pecuniary harms that employees suffer as a result of an unfair labor practice. Proponents of this remedial design assert that this is consistent with the Board’s authority under section 10(c) of the National Labor Relations Act (NLRA). On the other hand, opponents find that this design exceeds the Board’s statutory authority and conflicts with the Seventh Amendment right to a jury trial.

This Note …

“Because We Take Our Values To War” Analyzing The Views Of Un Member States On Aidriven Lethal Autonomous Weapon Systems, Rangita De Silva De Alwis

Chicago Journal of International Law

In paragraph two of its resolution 2 on lethal autonomous weapon systems, pursuant to U.N. General Assembly resolution 78/241, the General Assembly requested the Secretary-General to solicit the views of Member States and Observer States regarding lethal autonomous weapons systems (LAWS). Specifically, the request encompassed perspectives on addressing the multifaceted challenges and concerns raised by LAWS, including humanitarian, legal, security,

Climate Change As A Security Interest: A Novel Defense In Fossil Fuel Investment Arbitration, Nabil Kapasi

Chicago Journal of International Law

Thousands of international investment and trade agreements contain provisions protecting investments made by parties from the signatory states. One such provision is Investor-State Dispute Settlement (ISDS), a mechanism allowing foreign investors to sue host states in arbitration for treaty violations. Fossil fuel investors are increasingly utilizing ISDS successfully to hold states liable for climate action; arbitral tribunals are awarding large compensations to these investors when states deny them permits for upstream activities or enact phase-out policies attempting to ban fossil fuel consumption. These awards impose heavy burdens on states while simultaneously deterring climate action by creating fears of liability. This …

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

The Lost Mines Of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize A Region, Jonathan Gharib

William & Mary Environmental Law and Policy Review

Since the decline of coal, which began in the late 1980s, Appalachia has been left with thousands of abandoned coal mines that act as a stand-in for the state of the region as a whole. This stands in not only for the economic decline of the region, but also as a stand-in for the people of the region who also perceive themselves to have been abandoned. The future status, both legal and economic, of these abandoned mines that once helped to fuel Appalachia’s growth is unclear. Despite the muddied history of both Appalachia and these mines, with the proper legal …

Nova Law Review Full Issue Volume 50, Issue 3

Nova Law Review

No abstract provided.

Are You Your Expert's Keeper? Assessing The Impact Of Generative Ai And Expert Testimony, Hon. John G. Browning

Nova Law Review

No abstract provided.

The Ai Trap: How Over-Reliance On Generative Ai Undermines Professional Development For Law Students And Young Attorneys, Jane E. Cross

Nova Law Review

No abstract provided.

Ensuring Ai Adequacy For Class Members, Alissa Del Riego

Nova Law Review

No abstract provided.

The Empirical Double Standard: Opinion Surveys Across The Civil–Criminal Divide, Kay L. Levine, Bernard Chao

Faculty Articles

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and search cases.

Our research uncovers a significant asymmetry: Courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and criminal litigation …

Mandating Professionalism In Florida: Continued Attempts To Sanction Lawyers Into Being Nice, Debra Moss Vollweiler

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 50, Issue 2

Nova Law Review

No abstract provided.

Where Does The Border Begin And The Fourth Amendment End? Warrantless Forensic Searches Of Outbound Travelers' Electronic Devices, Robert C. Buschel Esq., Bradford M. Cohen Esq.

Nova Law Review

No abstract provided.

Access Denied: Closing The Construction And Renovation Loopholes In Disability Design, Lidia Menbaeva

Nova Law Review

No abstract provided.

Human Or Machine? Evaluating Authorship In The Age Of Generative Ai, Risauris Sanz-Garcia

Nova Law Review

No abstract provided.

Built To Collide? Antitrust Risks And Gender Equity Tensions In The House V. Ncaa Settlement, Alex Strickland

Nova Law Review

No abstract provided.

Procedimientos De Selección De Fuentes En Las Adquisiciones Federales De Estados Unidos: Una Introducción A Las Compensaciones De Mejor Valor En El Procedimiento De Negociación Competitiva, Daniel E. Schoeni

Books and Book Chapters by University of Dayton Faculty

Este libro es producto del III Congreso Internacional de Contratación Estatal, celebrado en Barranquilla en marzo de 2025, y tiene como propósito analizar uno de los aspectos centrales -y a la vez menos sistematizados e integrados- del derecho de la contratación estatal: las actuaciones y los procedimientos que estructuran el ciclo completo del contrato estatal. El texto tiene una premisa clara: la contratación estatal es una institución compleja, dinámica y funcional, cuya comprensión exige atender y entender una multiplicidad de actuaciones y procedimientos que la atraviesan, desde la celebración y el perfeccionamiento del contrato, la ejecución de obras en ausencia …