Digital Commons Network^™

Local Government, Jacob Stalvey O’Neal, Russell A. Britt, Dana A. King, Jennifer Dorminey Herzog, Nicholas A. Kinsley, M. Blake Walker

Mercer Law Review

Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.

Beyond Gary V. State: Paragraph Xiii And The Future Of Georgia’S Exclusionary Rule, Joshua R. Wright

Mercer Law Review

While lawyers across Georgia routinely file motions to suppress evidence in the state’s superior courts, many may never stop to consider what actually affords their clients that right. Practitioners preparing these motions quickly discover one of the most significant recent developments in modern Georgia criminal law: the debate over the scope of a criminal defendant’s constitutional protection against unreasonable searches and seizures and, more importantly, when courts must suppress evidence obtained in violation of those rights. Will the Georgia Supreme Court overturn Gary v. State in full and adopt a good-faith exception? If so, can criminal defense attorneys look to …

Saints, Sinners, And Standard Agreements: Rethinking Morality Clauses In Georgia, Margaret Shehane

Mercer Law Review

This Comment situates morality clauses within Georgia’s broader contract and employment law framework, while also drawing lessons from New York and California. Part I traces the history and function of morality clauses, distinguishing between express and implied provisions, as well as reputational and conduct-based triggers. Part II examines how New York and California have approached morality clauses, emphasizing their reliance on public policy to limit enforceability. Part III turns to Georgia, analyzing how morality provisions are interpreted in light of at-will employment, identifying common drafting pitfalls, and offering practical guidance for attorneys. Part IV looks ahead, considering how Georgia law …

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …

The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun

Honors College Theses

This thesis examines the impact of New York City’s bail reform on crime, recidivism, and jail populations, with particular attention to whether the reform has contributed to increased violence. Implemented in 2020 to reduce racial and economic inequalities, bail reform eliminated cash bail for most low-level offenses and emphasized the least restrictive pretrial conditions, with subsequent amendments expanding eligibility for detention. Using cross-sectional data from multiple governmental and research institutions, this study analyzes arrest rates, rearrest rates, and jail population trends before and after implementation. Findings indicate no significant increase in recidivism or violent crime attributable to bail reform. Fluctuations …

Ai And Naval Operations, Wolff Heintschel Von Heinegg

International Law Studies

Artificial intelligence systems in naval operations are reality. They enhance naval capabilities in various respects. Autonomous surface and underwater vehicles depend on such systems. Moreover, these systems contribute to threat detection and identification, to real-time strategy optimization, and to intelligence analysis. The present article provides a brief analysis of the legality of AI systems used by naval forces under the law of naval warfare, which, in many respects, differs considerably from the law of land warfare. Accordingly, it is necessary to distinguish between attacks from the sea against targets on land and attacks against targets at sea and in the …

#Bailfail: How Non-Uniform Bail Schedules May Have A Deleterious Effect On Human Trafficking Prosecutions, Benjamin Thomas Greer

Widener Commonwealth Law Review

No abstract provided.

Looking Down The Road: The First Steps To A Public Interest Law Career, Amy Leipziger

Vanderbilt Social Justice Reporter

No abstract provided.

April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder

Vanderbilt Social Justice Reporter

No abstract provided.

The Equity Dead Zones: Legal Intersectionality Failure Points In Chapter 13 Bankruptcy, Tearria N. Simmons

The Guardianship Journal

Legal intersectionality failure points describe the systemic fractures that occur where overlapping legal, social, and economic inequalities converge, potentially producing compounded barriers to relief. Each failure point marks a site of marginalization. In what ways do individuals already recognized as vulnerable in Chapter 13 bankruptcy face a heightened risk when multiple forms of disadvantage intersect? When these intersections combine in mutually reinforcing ways—racial, economic, and relational disparities colliding with structural deficiencies in family, property, and bankruptcy law—does it result in pronounced negative outcomes, and, if so, what are those outcomes? Within this convergence, could there be a space where compounded …

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …

Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton

The Guardianship Journal

This paper examines the important role of storytelling in higher education as a technique for engaging students in course content and applies its relationship to the experiential learning theory (ELT) in which learners are actively seeking knowledge through authentic application. Storytelling can be a particularly effective method when used during live online seminars in public safety education, since this particular program of study often relies on verbally communicating realistic and credible information. Sharing various examples of actual encounters can help students better prepare for these types of situations when they face them in their future careers. Incorporating evidence to support …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …

An Unclear Connection: The Asylum System's "One Central Reason" Test, Christopher R. Porter

William & Mary Law Review Online

Part I of this Note will provide relevant background information on the asylum system in the United States and the significant changes made in the REAL ID Act.

Part II will analyze the current requirements that asylum applicants must meet to succeed in their asylum petitions, including a brief explanation of each element and the legislative history of the REAL ID Act. Part II will assert that based on the legislative history, the “one central reason” standard is best understood as only slightly elevating an applicant’s burden of proof to further protect against threats to the U.S. without becoming overly …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Chad Dobson Reflects On The Launch Of The World Bank Reform Campaign, Chad Dobson, Julie Radomski

Perspectives

Chad Dobson is the founder of the Bank Information Center (BIC) and led BIC from 1987 to 1997 and 2007 to 2016. He is widely accredited with developing the global campaign strategies for environmental and social reforms of multilateral development banks (MDB). In this interview, he recounts the early days of BIC and the development of the global campaign.

Life In The Cracks: Law, Violence, And Resistance In Haiti, Marco Motta

Anthropology

A rich account of what it means to live with law amid its failures.

Life in the Cracks is a rich ethnographic portrait of law, violence, and resistance in Haiti. In a contemporary context marked by international interference, global capitalism, and state collapse, Haitians face complex challenges that are largely ignored and misunderstood. By examining the most unexpected inflections of ordinary life, Life in the Cracks offers a well-grounded account of people’s experience of law in their lives. The book describes what it means to endure violence partly engendered by the law, and thus to live up to one’s disappointment …

Caste-Ing And Recasting Race In Equal Protection Jurisprudence, Vinay Harpalani, Magdalene Bernier

Maryland Law Review

No abstract provided.

Free Will, Responsibility, And The Corporation: A Critique Of Corporate Criminal Liability, Declan C. Lawson

William & Mary Law Review Online

Part I of this Note will provide background on the relationship between free will and criminal liability and discuss the extant theories underpinning corporate criminal liability. Part II will examine the shortcomings of those theories. Part III will argue for a free will-based approach for apportioning blame for corporate criminal conduct. Such an approach is both theoretically and practically justified.

This abstract was taken from the author's introduction.

Under What Circumstances Is “Caste” Likely To Be Useful As An Analytic Concept (And Should We Care)?, Sanford Levinson, Robert L. Tsai

Maryland Law Review

No abstract provided.

No Return: Caste And The End Of The Liberal Debate Over U.S. Antidiscrimination Law, Julie Novkov

Maryland Law Review

No abstract provided.

The Scotus Tournament: Winning Isn't Everything, Tracey E. George, Mitu Gulati, Albert H. Yoon

Duke Law Journal Online

Litigation at the U.S. Supreme Court is a tournament of champions. This Essay presents an empirical analysis of Supreme Court advocacy over time (1970-2023), examining how the elitification of the legal profession has transformed Supreme Court oral arguments. Drawing on a dataset of 7,077 cases and 4,599 private attorneys, we analyze the rise of repeat players and their litigation success. Our findings reveal a transformation. In the 1970s, most Court advocates were rookies: first-time advocates from various backgrounds. Today, a small number of superstars dominate: attorneys with extensive experience, elite law school degrees, Supreme Court clerkships, and stints in the …

Betrayal Of Trust, Restoration Of Hope: How To Enforce The Law And Transform The Lives Of Immigrants Ripped Off And Damaged By Bad Lawyers And Scammer Notarios, Vanessa Merton

St. John's Law Review

(Excerpt)

Immigrants seeking lawful status, or otherwise facing denial of entry or deportation, have no right to counsel at government expense. Not even the most sophisticated immigrant can effectively navigate the morass of U.S. immigration law, frequently described by federal judges as “labyrinthine,” “baffling,” “arcane,” and “almost as impenetrable as the Internal Revenue Code.” Competent, ethical representation is essential and, in theory, available from lawyers or accredited representatives. Yet, for most, such representation is shockingly hard to locate and prohibitively expensive. While over 200 nonprofit organizations provide low-cost or free representation to noncitizens, they can assist only a small fraction …

Packing Our Way To Balance: A Necessary Correction For The Supreme Court, Robert E. Wagner

St. John's Law Review

The Supreme Court is in turmoil. It has the lowest recorded approval rating in its history. Multiple decisions over the past decade made by Justices nominated by a single political party, that the majority of the country viewed as political in nature, have tarnished the reputation of what was once a beacon of justice and impartiality. The Court is increasingly seen as a partisan institution with political actors rather than the fair and honest arbiter America needs it to be. In addition to dramatically unpopular decisions, the Court has suffered increasingly hostile and political machinations in its nominating process. This …

Gilded Executive Privilege: The Unstated Evidentiary Rule In Trump V. United States, Matthew D. Woodham, Ramona C. Albin

St. John's Law Review

(Excerpt)

In Trump v. United States, the Supreme Court of the United States held that a former President has absolute immunity from criminal prosecution for official acts within his core constitutional powers, presumptive immunity for all other official acts, and no immunity for private conduct undertaken while in office. Although the Court granted certiorari to address an immunity question, it then strayed into an evidentiary one in holding certain official acts evidence to be categorically inadmissible in the prosecution of private conduct. This Article interrogates the evidentiary foundation for this lesser-explored aspect of the Trump opinion and the danger …

The New Language: Contractual Interpretation In The Age Of Emojis, Kosi Moneke

Bates College Undergraduate Law Review

Since their creation in 1999, emojis have evolved from just playful visual expressions to communicative tools that are increasingly appearing in legal disputes. This paper explores emojis as mediums of legal meaning. It examines how U.S. contract law approaches emojis as evidence of assent, threat, conspiracy, and intent, and how established contractual doctrines have adapted to emojis as tools of expressive communication. Though ambiguous, this paper aims to demonstrate that emojis can be interpreted within existing contractual frameworks.

This paper is structured as follows: it situates emojis as a continuation of contract law's historical engagement with nonverbal assent. It will …

Trans Lives: Human Dignity And Executive Power, Jack Mcroberts

Bates College Undergraduate Law Review

No abstract provided.

Silenced Voices: An Exploration Of Religious Oppression And Human Rights Violation In Post-Revolutionary Iran, Isabella Caradonna

Bates College Undergraduate Law Review

No abstract provided.

Bates College Undergraduate Law Review: Volume Ii, Issue I, Fall 2025, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.