Digital Commons Network^™

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Reinforcing Media Governance In Indonesian Dynamic Cyber Space, Poppy Setiawaty Nurisnaeny, Hendra Kaprisma, Chrisna Yudhawinata, Sudirman Sudirman

International Review of Humanities Studies

Following the rapid change in technology development, the Indonesian mass media have undergone a digital transformation. This digital mass media and its users have evolved, assimilated, and integrated themselves to fit in the cyber world. This distinguishing feature distinguishes them from traditional mass media. The cyber environment's infinite international boundaries are both advantageous and disadvantageous, as it is difficult to govern digital activity outside Indonesia's jurisdiction. This unregulated environment became a breeding ground for cybercrime, making the digital space unsafe for individuals and threatening national security. In response to this issue, the Indonesian government has enacted various laws and policies, …

Radical Responsibility: Sartre And The Ecocentric Erosion Of Human Agency, Khodadad Azizi, Naupal Asnawi, Abby Gina Boang Manalu

International Review of Humanities Studies

Contemporary ecological crisis persists despite decades of environmental ethics discourse and rising public awareness, a discrepancy researchers have named the awareness-action gap. One influential corrective, running from Aldo Leopold’s land ethic through Arne Naess’s deep ecology, addresses anthropocentric domination by folding the human being back into the biotic community as one member among others. This article argues that such levelling, whatever its merits against domination, carries an underexamined cost: it erodes the very ground on which anyone can be held responsible for ecological destruction, since only a being capable of choice, not soil, water, or rock, can be asked to …

Constitutionality Test: Judicial Review Of Mining License Prioritization For Religious Organizations In Indonesia, Qurrata Ayuni, Fitra Arsil

Journal of Environmental Science and Sustainable Development

The enactment of Government Regulation No. 25/2024 has sparked constitutional debate in Indonesia. The regulation prioritizes Special Mining Business Permit Areas (Wilayah Izin Usaha Pertambangan Khusus, WIUPK) for religious organizations, raising critical questions about distributive justice and democratic resource governance under Article 33(3) of the 1945 Constitution. This study examines the constitutionality of this policy by asking whether the prioritization of WIUPK for religious organizations, as reviewed in Constitutional Court Decision No. 77/PUU-XXII/2024, violates Article 33(3) of the 1945 Constitution and what implications this holds for Indonesia's natural resource management paradigms and constitutional interpretation. Using doctrinal legal research, …

The Sinking Ship: Victor’S Justice And The Case For Accepting Tu Quoque In International Law, Cyrus S. Theodor

Ohio Northern University International Law Journal

No abstract provided.

Freedom Of Religion: The Chinese Farce, Christopher M.L. Mccain

Ohio Northern University International Law Journal

No abstract provided.

Lawyers Behind The Game: How Team General Counsel Shape The Future Of Sports, Jeffrey S. Moorad Sports Law Journal Symposium

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Reining In The Private Nondelegation Doctrine: Examining The Constitutionality Of The Horseracing Integrity And Safety Act In Light Of Fcc V. Consumers' Research, Kathryn Dorans

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Politics On The Podium: The International Olympic Committee's Selective Enforcement Of Country Bans, Olivia Jaffe

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Mobility-Restricting Covenants In Business Contracts: The Case Of Franchising, Francine Lafontaine, Lorenzo G. Luisetto, J.J. Prescott

Articles

Several studies show that restrictive covenants in employment contracts, such as non-compete agreements, may affect employees in detrimental ways, including by reducing mobility and suppressing wages. While such concerns are real, these clauses also have the potential to serve legitimate business purposes by helping companies protect valuable information, which can encourage investment and training and enhance social welfare. This paper explores the use of several types of covenants, including non-competes but also confidentiality and post-relationship non-recruitment clauses, in franchise contracts, an important and accessible category of business contracts. Many of these contracts impose restrictive covenants on franchisees but also on …

Class Struggle And The Socialist Economic Calculation Debate, Tiago Camarinha Lopes

Emancipations: A Journal of Critical Social Analysis

The socialist economic calculation debate is often portrayed as a sharp and straightforward conflict between two opposing sides. While this characterization is valid given the ideological clash between defenders of capitalism and proponents of socialism, this paper offers a more nuanced perspective on the interaction between the main schools of economic thought involved in the debate, the Marxist and the Austrian. Drawing on the humanist approach of critical pedagogy developed by Brazilian philosopher Paulo Freire (1921–1997), the paper argues that the debate over socialist economic calculation is not only a clear expression of class struggle within economics. It also involves …

Democratic Economic Planning From And For Social Reproduction: Foundations For A Postcapitalist Research Agenda, Sophie Elias-Pinsonnault, Bengi Akbulut, Audrey Laurin-Lamothe

Emancipations: A Journal of Critical Social Analysis

As ecological and social crises render the transformation of capitalist economic organization increasingly urgent, the resurgence of interest in democratic economic planning confronts a foundational blind spot: the systematic neglect of social reproduction. This paper argues that any genuinely needs-based planned economy must extend its scope beyond formally recognized productive activities to encompass the full spectrum of reproductive labor through which human and non-human life is sustained and regenerated. Drawing on feminist political economy and the Marxist-feminist tradition, the authors argue that meeting needs requires more than reorganizing production: it demands confronting the question of who does reproductive work, at …

Learning (Non-)Planning From Yugoslav Socialism, Annette Freyberg-Inan, Tim Platenkamp

Emancipations: A Journal of Critical Social Analysis

The advancement of democratic economic planning theory depends crucially on improving our understanding of how technically feasible planning methods and instruments can be embedded in institutionally viable incentive structures, developing a coherent incentive-compatible as well as feasible planning procedure. Our contribution draws lessons for democratic economic planning from the historical experience with Yugoslav socialism, and especially its post-Stalinist, “contractual” phase. From the mid 1970s onwards, workers in Yugoslavia were empowered to plan their activities from the ground upward. Intended to re-energize worker participation in the construction of socialism, this experiment with economic planning from below provides useful insights for the …

Jurisprudences Étrangères, Poej

Proche-Orient, Études juridiques

No abstract provided.

La Sanction Par La Régularisation Dans La Société Anonyme Libanaise, Wassel El Ajlani

Proche-Orient, Études juridiques

No abstract provided.

Droit Commercial, Poej

Proche-Orient, Études juridiques

No abstract provided.

Droit Civil, Poej

Proche-Orient, Études juridiques

No abstract provided.

Smart Contracts And Contractual Interpretation, Abhinav Ravi

Indian Journal of Law and Technology

This essay examines the challenges that smart contracts pose for contractual interpretation. While smart contracts are often viewed as unambiguous because they operate through deterministic computer code, disputes may nevertheless arise where the outcome produced by the code diverges from the parties’ understanding of their agreement. The essay argues that these disputes are not adequately addressed by treating code as a definitive expression of contractual intention or by adopting the ‘reasonable coder’ standard proposed by the United Kingdom (‘UK’) Law Commission. The reasonable coder standard is theoretically incoherent because it lacks alignment, generality, and reviewability and therefore cannot perform the …

Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap

Journal of Cybersecurity Education, Research and Practice

 Abstract -This conceptual essay addresses the need for systemic and systematic transdisciplinary analytical techniques within cybersecurity and technical security. This conceptual essay is contingent upon recognition that cybersecurity is not simply technical in nature, it does not need an adversary, and more importantly it is based upon systems engineering and systems thinking.  The essay contributes a socio-technical attribution chain and field-specific ontology/taxonomy which distinguish user-triggered events from root causes, latent conditions, technical debt, validation failures, governance failures, and attribution bias before assigning responsibility to end users. It systematically defines an ontology inclusive of developer technical debt, organizational debt arising from …

Looking Inwards, Turning Away: A Review Of Rehan Abeyratne’S ‘Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment’, Jwalika Balaji

Socio-Legal Review

This review engages with Rehan Abeyratne's book Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment, which examines judicial responses to LGBTQ+ claims over the past two decades across three jurisdictions — the United States, India, and Hong Kong. Abeyratne argues that the apex courts in these countries have grown more inward-looking and have enabled the rise of illiberal and authoritarian forces; however, LGBTQ+ rights have emerged as an exceptional site where these courts continue to extend minimal remedies and adopt a tone of empathy, positioning themselves as the last bastion of liberal constitutionalism. Focusing on recent developments …

La Différence Entre Le Contrat De Franchisage Et Le Contrat De Représentation Commerciale En Droit Libanais, Mazen N. Houssami

Proche-Orient, Études juridiques

No abstract provided.

Is Originalism Orthodoxy?, Neel Sukhatme

Articles

What theory of constitutional interpretation has the Supreme Court followed? We search Supreme Court opinions for a wide range of sources that originalists identify as central to their methodology, over the entire universe of cases beginning in 1791. We find that for much of Supreme Court history, conventional indicators of originalist practice--citations to Founding-era sources--are largely absent, raising questions about originalism's past orthodoxy. Originalist citation practices are absent for much of the 19th century and grow sharply in the late 20th century. The Article elaborates the implications of these findings for debates in constitutional law.

Regulatory Innovation Through Authority: An Analysis Of India’S Central Consumer Protection Authority’S Functioning (2020–2025), Gaurav Pathak, Mohit Yadav, Anush Ganesh

International Journal on Consumer Law and Practice

This article presents the first comprehensive empirical analysis of India’s Central Consumer Protection Authority (CCPA), since its establishment in 2020, based on an examination of 165 orders across 118 cases through 2025. The study fills a critical research gap by systematically analysing CCPA’s enforcement patterns, procedural efficiency, and regulatory evolution. The unique dataset reveals that CCPA has fundamentally transformed India’s consumer protection landscape through a distinctive dual approach that combines reactive enforcement with proactive regulation. This study finds that 72 per cent of cases were initiated suo moto, indicating a paradigm shift from complaint-driven to preventive market surveillance and that …

Pharmaceutical Drug Regulation After Loper Bright, Aleja Norton-Abad

DePaul Law Review

No abstract provided.

Son Of Sam Laws And The Alternative Methods For Addressing The Underlying Policy Considerations: It Takes More Than Good Moral Intuition To Make A Good Law, Kyra Holzmacher

DePaul Law Review

No abstract provided.

"Distributed Voice" During Deliberations: What Real Juries Tell Us, Mary R. Rose, Shari S. Diamond

DePaul Law Review

Juries are supposed to represent the views of their community,

but securing representative bodies will not meet fair cross-section

aims if deliberations fail to actually produce contributions from a

wide variety of voices. This Essay develops the concept of

“distributed voice,” or the ability of a jury to spread out talk across

more jurors. Analyses examine what factors predict a jury’s

likelihood of producing more egalitarian distributions of speaking

turns and of words spoken. Data from actual deliberations of fifty

civil juries demonstrate that talk patterns on juries are more widely

distributed when there is a greater diversity of views …

Procedural Justice And Body Worn Cameras, Yael Granot

DePaul Law Review

The extensive and rapid roll out of body cameras across

American police forces in the past decades was intended to improve

issues of accountability and transparency in policing. Trust and

perceptions of fairness of police are shaped, in large part, by how

one is treated by officers and departments—the fundamental

interpersonal work of procedural justice. This Article reviews

findings on public and police support for body cameras, as well as

research connecting body cameras to perceptions of procedural

justice. It then elaborates on past research with a vignette

experiment, aimed at isolating the unique and interactive effects of

just policies, …

Intuitions In Tort Law And Theory, James Macleod

DePaul Law Review

This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.

The Open Science Movement And Its Implications For Expert Testimony, Robert J. Maccoun

DePaul Law Review

No abstract provided.

Probabilistic Injury And Presumptions Of Prejudicial Preferences, Erik J. Girvan

DePaul Law Review

No abstract provided.