Digital Commons Network^™

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.

Brief Of Agudath Israel Of America, The Jewish Coalition For Religious Liberty, The National Council Of Young Israel, And The Jewish Community Council Of Sullivan County As Amici Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 25-2191
Lost Lake Holdings, LLC v. Town of Forestburgh

On Appeal from the United States District Court for the Southern District of New York, No. 22-cv-10656-VB (Hon. Vincent L. Briccetti)

From the Summary of the Argument

As the district court seemed to recognize early on, JA-1506, the Town of Forestburgh is not going to allow Appellants to build a residential community for Hasidic Jews. Once the developers purchased a shovel-ready property for that purpose, the Town—in the words of one prominent resident and former member of the Comprehensive Plan Review Committee—“circle[d] the wagons.” JA-1570. That former committee member (along …

The Dangers Of Being "Reef Safe": How "Reef Safe" Marketing Fails Consumer Protection Laws At Federal And State Levels, Molly Thorpe

Loyola of Los Angeles Law Review

The rise of the environmentally-conscious consumer has a corresponding side effect: environmentally-friendly advertising. Because environmental marketing is largely based on science, the average consumer lacks the requisite scientific literacy to determine whether a company’s product claims are legitimate. Although there are consumer protection laws that govern environmental marketing at both the federal and state levels, some forms of advertising fail to meet these standards, including “reef safe” sunscreen claims. “Reef safe” marketing alleges that certain types of sunscreen are better for the coral reefs than others.

This Note argues that “reef safe” advertising violates national and state consumer protection laws. …

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

Assessing The Relationship Between Treatment Quality, Matching And Dosage And Juvenile Justice Outcomes Among Youth With Co-Occurring Substance Abuse And Mental Health Disorders, Kevin T. Wolff, Michael T. Baglivio, Joshua A. Lang

Publications and Research

This study examined differences among youth in deep-end juvenile justice residential placement who did, and did not, present with co-occurring disorders. The prevalence of cooccurring mental health and substance use/abuse issues was found to be 19%, far lower than that of prior work. Researchers demonstrated more similarities than differences between youth with and without co-occurring disorders, both in terms of their criminal histories and the prevalence of their criminogenic needs. Additionally, the residential programs across Florida appear to provide treatment at similarly high levels of integrity, as measured by 1) matching treatment services to the highest three dynamic risk assessed …

Opening Brief For Plaintiff-Appellant Emery Barron, Steven Mitchell, Carolyn Sacco, Shaina Sikka, Madeline H. Meth

Faculty Scholarship

By the time Emery Barron sued Pennsylvania Department of Corrections officials in 2021, they had kept him caged for almost six years in solitary confinement without providing a pathway for him to reenter general population. Department of Correction policy calls for officials to review the ongoing need for solitary confinement after an initial ninety-day stint in disciplinary confinement. However, procedural carve outs allow officials to leave people like Barron in solitary indefinitely without an opportunity to be heard by a decisionmaker and without requiring officials to assert any legitimate penological interest behind the confinement.

Under this scheme, which violated both …

San Mateo County’S Digital Jail Mail Sparks Reckoning Over Private Data, Juan A. Lasso

Capstones

This capstone examines privacy and data risks embedded in digital communication systems used in U.S. correctional facilities. As private vendors introduce tablets, kiosks, and mail digitization services, these technologies enable widespread surveillance and data collection of incarcerated people and their loved ones. The project explores how these systems track and analyze digital footprints in ways that challenge established legal and ethical expectations around privacy. It documents the personal impact on loved ones of people currently or formerly incarcerated in San Mateo County. The reporting centers on the California county jail where a civil rights lawsuit is pending over the mail …

Halt Under Threat Why Legislators Must Demand Compliance Before Change A Playbook For Action, Vanda Seward

Capstones

This playbook examines the implementation of New York State’s Humane Alternatives to Long-Term Solitary Confinement (HALT) Act and presents evidence demonstrating that the law has not been fully or consistently enforced by the New York State Department of Corrections and Community Supervision (NYSDOCCS). Drawing on findings from the New York State Inspector General, the Correctional Association of New York, the Justice Center, court rulings, and community testimony, the analysis documents persistent violations, including excessive and illegal use of solitary confinement, inadequate documentation, failures to protect vulnerable populations, and insufficient accountability for staff misconduct. The playbook critically evaluates the recommendations of …

Diplomacy Derailed: Discrimination’S Detour On Route 40, Gage A. Kivlen

Masters Theses, 2020-current

The 1961 Route 40 campaign in Maryland became a critical battleground where three competing approaches to addressing racial segregation revealed deep contradictions in Cold War America. Route 40, a major highway between Washington D.C. and New York, became an international embarrassment when African diplomats from newly independent nations were repeatedly refused service at restaurants and hotels. This crisis prompted responses from three distinct actors: the Congress of Racial Equality (CORE), which employed grassroots organizing and direct action; the State Department's Special Protocol Service Section (SPSS), which pursued top-down diplomatic solutions; and the Federal Bureau of Investigation (FBI), which conducted extensive …

Efficacy Of Oil And Gas Production Site Remediation In U.S. Arid/Semi-Arid Regions, Skye Ontiveros

Architecture and Planning ETDs

Oil and gas production (OGP) is expanding, paralleled by its polluting leaks and spills (LS), and outpaced by its waste. This raises the question: Does remediation of LS occur effectively when needed to protect the environment and public, particularly in major producing regions like arid/semi-arid regions (ASAR), which account for approximately 72% of US oil and 42% of gas production? To answer, a review of the eight largest national remedial laws, sourced from the Code of Federal Regulations (CFR), identified 14 OGP exemptions for remedial determinants (RDs): factors affecting remedial frequency and efficacy (e.g. LS monitoring and chemical disclosure). An …

¿Cómo Se Dice, "Liberty And Justice For All Cannot Exist Without Equal Access For All" En Español?, Turner Denise Reynolds

Kentucky Law Journal

No abstract provided.

Like Balance On Ice: Towards A New Approach To The Open And Obvious Doctrine Under Kentucky Law, Hayden T. Crosby

Kentucky Law Journal

No abstract provided.

Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong

Kentucky Law Journal

No abstract provided.

The Evil Historical Twin: How The Requirement Of A Historical Analogy Could Result In Further Discrimination In The Law, Bryanna Mall

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2024, the Supreme Court decided the case of United States v. Rahimi. The Court, unpersuaded by Rahimi’s objection regarding federal law which prohibited an individual subject to a domestic violence restraining order from possessing a firearm, decided the restriction was constitutional. While the holding of this case represents a win for survivors of domestic violence, the legal reasoning plants itself of flimsy concepts of history. The Court utilized a historical analysis test and looked to precedent rooted in social customs, legislation, and court holdings. The first major issue of this test is the dueling interpretation between a historical …

Rekonstruksi Mekanisme Seleksi Hakim Konstitusi Di Indonesia, Indah Sri Pangestu, Dwi Yuliani, Hertaty Dorothy Dewi Siburian

Jurnal Konstitusi & Demokrasi

The mechanism for selection and election of constitutional judges in Indonesia currently still shows a diversity of procedures in each proposing institution, namely the Supreme Court, DPR and President. The process implemented does not fully reflect the principles of transparency, participation, objectivity and accountability as mandated in the Law on the Constitutional Court. Therefore, it is necessary to standardize the procedures for selection and selection of constitutional judges to ensure a more professional system and integrity. One of the solutions offered is the establishment of an independent institution responsible for the selection and recruitment of constitutional judges with a system …

Technological Disruption And Regulatory Response: The Case Of Decentralised Finance, Jakub Wisła, Jolanta Bartoszewska

Journal of Banking and Financial Economics

This article examines responses to the regulatory challenges posed by decentralised finance (DeFi), a fast-evolving domain of blockchain-based financial innovation. It investigates the factors shaping divergent regulatory strategies, with a focus on the European Union’s comprehensive cryptoasset framework and selected comparative insights. Adopting a qualitative legal methodology – combining doctrinal-functional analysis, multivocal literature review, and two case studies – the authors explore how regulatory responses are influenced by three key variables: legal tradition, the financial function performed by blockchain-based solutions, and the level of technological and institutional autonomy. The case studies – Bitcoin as a payment instrument and cryptoassets as …

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

Filling In The Gaps: How The Equal Employment Opportunity Commission Can Enhance Protections For H-1b Visa Holders, Mahi Patel

Northwestern Journal of Law & Social Policy

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa …

Disclosures, Disclaimers, And Disinformation Advertising, Areeb Asif

Northwestern Journal of Law & Social Policy

Every regular internet user in the United States has been exposed to fake news at some point. Most of them, if not all, would agree that this problem needs a solution. Nevertheless, even as fake news has taken on unforeseen prominence in recent years, very little concrete action has been taken to curb its impact on American society. Some scholars have chalked this up to the Supreme Court’s expansive conception of the First Amendment, which makes it incredibly challenging to regulate political speech. Others posit that the problem is Section 230, which allows platforms to profit from fake news without …

Who Gets Remembered? Structural Barriers In The National Register Of Historic Places, Yuha Jung, Lauren Smith Madden

Northwestern Journal of Law & Social Policy

This article examines the systemic barriers within the National Register of Historic Places, established under the National Historic Preservation Act of 1966, that have contributed to the underrepresentation of marginalized communities in historic preservation. Despite the United States’ diverse cultural heritage, only an estimated 3% to 10% of sites listed on the National Register reflect histories associated with racial and ethnic minority groups. Through a qualitative analysis of legislative history, federal regulations, nomination processes, and governance structures, this study identifies how key criteria such as “significance” and “integrity” have reinforced exclusionary practices. These criteria consistently prioritize architectural and tangible heritage …

Reading Between The Lines: The Influence Of Financial News On Investor Decision-Making, Kalia Noble

Honors College Theses

This thesis investigates how financial media narratives shape investor sentiment and short-term market behavior. Drawing on behavioral finance and narrative economics, it examines whether the framing and tone of market news correlate with intraday volatility in the S&P 500 and Dow Jones Industrial Average. By pairing quantitative price data with contemporaneous headlines from major outlets such as Bloomberg, Yahoo! Finance, and CNBC, the study shows that emotionally charged or speculative narratives are closely associated with sharp market swings, even when fundamentals remain unchanged. These findings highlight the influence of media framing on investor decision-making and underscore the importance of financial …

Taking From The Most Vulnerable: Legal Implications Of Seizing Federal Benefits From Foster Kids, Lucy Johnston-Walsh

Seton Hall Law Review

No abstract provided.

Taking A Step Back: Revisiting Compassionate Release After The First Step Act, Robert Campbell

Seton Hall Law Review

No abstract provided.

Talkin' 'Bout My Genderation: The Effect Of Gender Bias On Arbitral Representation, Amy E. Allen

Washington Journal of Social & Environmental Justice

Gender bias is rampant in all industries, and the world of arbitration is no exception. For decades, members of the field of arbitration have debated the suitability of women as arbitrators. This led to a broader discussion regarding different styles of arbitration, how or if these styles are related to the gender of the arbitrator, and whether one arbitration style is more effective than others. This paper begins with a brief assessment of the history of arbitration, as well as a more focused overview of the history of women in arbitration. Next, the paper questions the reasons for gender disparity …

De Facto Death Sentences For Misdemeanor Offenses: A Right To Medication For Opioid Use Disorder Induction Under The Washington Law Against Discrimination, Alena R. Sharp

Washington Journal of Social & Environmental Justice

The opioid crisis remains one of the deadliest public health emergencies in the United States, disproportionately impacting marginalized communities, including people in the criminal legal system. Medication for opioid use disorder is the recognized standard of care for treating opioid use disorder. Despite the fact that medications have also been shown to reduce overdose deaths and relapse rates, many prisons and jails continue to impose blanket prohibitions on medications for opioid use disorder for nonpregnant individuals, placing them at an elevated risk for acute withdrawal, suicide, and fatal overdose.

This comment examines the systemic barriers to access medication for opioid …

Framing The Dialogue By Revisiting Fundamental Principles For Indirect Copyright Liability In China: History, Economics And Tort Law Analysis, Xiao Ma

University of Miami International and Comparative Law Review

The issue of indirect copyright liability has been debated for many years, particularly with the rise of technological advancements like cloud computing and artificial intelligence (AI). China has frequently revised its laws and regulations to address copyright–related cases, often drawing from the experience of the common law system. However, this has sparked stakeholder disagreement on implementing filtering obligations for online services, raising the duty of care for online intermediaries, and whether safe harbor rules are still relevant.

This Article argues that the current regime of digital copyright liability rests on three pillars: historical, economic, and tort law theories. The author …