Digital Commons Network^™

Fifth Circuit And Mississippi Law: Asked And Answered (Or Not), Caroline B. Smith, Emily K. Lindsay, Jim Rosenblatt

MC Law Review

No abstract provided.

Liening On The Court: Examining Loblolly Properties, Llc V. Le Papillon Homeowner's Association, Inc. And The Future Of Lien Priority In Mississippi, Thomas C. Jones

MC Law Review

The Mississippi Supreme Court in Loblolly Properties, LLC v. Le Papillon Homeowner’s Association, Inc. held that the nonjudicial foreclosure of a deed of trust does not extinguish restrictive covenants to pay HOA fees that were filed after the recording of the deed of trust.  In doing so, the Court blatantly disregarded the fundamental understanding of lien priority in Mississippi, and also failed to explain how the policy behind lien priority would further be upheld in the future. This decision by the Supreme Court is incorrect and places Mississippi in a “super-minority” of jurisdictions on this issue.  The overwhelming majority of …

Brief Of Edward A. And Doris Zelinsky In The Appellate Division, Third Department, New York Supreme Court, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

To combat COVID, New York in 2020 forbade an out-of-state employee like the petitioner to commute into his New York office, forcing him to instead work at his home in Connecticut. New York now takes the remarkable position that it can tax the income Governor Cuomo forced this out-of-state employee to earn at his home exclusively outside New York. That position is as wrong as it sounds.

Both as a matter of New York law and of federal constitutional law under the Due Process and dormant Commerce Clauses, New York may not tax the income the petitioner earned exclusively at …

Membership In A “Particular Social Group”: The Narrow Access To Asylum For Gang-Affected Youth, Jill Marie Gerschutz-Bell

University of Dayton Law Review

No abstract provided.

The Shifting Tectonics Of International Collaboration, James J. Casey Jr.

University of Dayton Law Review

This Article builds upon the author’s 2010 article in the University of Dayton Law Review. More specifically, this Article focuses on research management areas that have increased in relevance over the past fifteen years or are essentially “new” to the international research collaboration realm. Now, as then, the author writes about the importance of building international collaborations during this tectonic present and urges the reader to draw their own conclusions regarding international research, emerging issues and technologies, and their importance in the future.

Passing The Bar In And Through Community: The Science Behind Why We Truly Do Better Together, Katherine O. Armstrong

University of Dayton Law Review

Law school graduates preparing for the bar exam often face isolation, leading to mental health challenges, decreased motivation, and impaired performance. This sense of loneliness, coupled with the known mental health and substance abuse issues in the legal profession, underscores the urgent need for change. Research shows that community engagement enhances mental and physical well-being, fosters motivation, and improves educational outcomes. However, little scholarship addresses the role of community in bar exam preparation, leaving a critical gap. This Article explores the transformative power of community during bar preparation. It provides a detailed view of a law school that has successfully …

Advocacy At The Front Door, Tenisha S. Hill

Capstone Projects and Master's Theses

This capstone project examines how integrating social work practices into the jail intake process can strengthen support for clients represented by the Public Defender’s Office. The project focuses on understanding the challenges clients face at the earliest point of contact often marked by trauma, instability, and limited access to services and how a social-work-informed approach can improve outcomes. Through direct observation, interviews with staff, and review of intake procedures, the project identifies key gaps in assessment, communication, and referrals. Findings highlight the need for more holistic intake practices that address clients’ social, mental health, and resource needs alongside their legal …

Brief Of Amici Curiae Professors Of Constitutional And Criminal Law In Support Of Petitioner (Whitton V. Dixon - 25-580), Ira P. Robbins, Jeffrey Fagan, Michael Cassidy, Barbara O'Brien, Catherine Grosso, William W. Berry Iii, Ellen C. Yaroshefsky

Amicus Briefs & Court Filings

Brief in support of Petitioner.

SUMMARY OF ARGUMENT: This Court has “consistently held that a conviction obtained by the knowing use of perjured testimony is fundamentally unfair” because it “involve[s] a corruption of the truth-seeking function of the trial process.” United States v. Agurs, 427 U.S. 97, 103–04 (1976). Here, the Eleventh Circuit acknowledged that the state committed a Giglio violation when it permitted a jailhouse informant to falsely testify at trial that he lacked a violent criminal record despite prosecutors knowing that he did. The Eleventh Circuit deemed this violation harmless, however, based on its erroneous consideration of …

Political Questions And The Role Of Federal Courts In Deciding Claims That The Executive Branch Is Violating Fundamental Norms Of International Law: The Case Of United States Aid For The Israeli War Against Palestinians In Gaza And The West Bank, Jules Lobel

UC Law Journal

A recent challenge to the Biden Administration’s military aid to Israel as aiding genocide presents an important question of the role of U.S. courts in adjudicating claims that top U.S. officials, in their execution of U.S foreign policy, are violating fundamental international law norms, such as the prohibition against committing or aiding and abetting genocide. Both the District Court and the Court of Appeals for the Ninth Circuit dismissed the case as presenting a non-justiciable political question.

The Ninth Circuit’s decision raises the broad question of whether challenges to U.S. government violations of fundamental norms of international law can ever …

The First Amendment, Global Corporate Responsibility Standards, & The Quest For Online “Speech Nirvana”, Evelyn M. Aswad

UC Law Journal

With large and powerful social media companies operating as worldwide speech regulators, it is unsurprising that governments have attempted to not only regulate how these companies address platform speech but also pressure them to deliver preferred speech outcomes. In 2024, the Supreme Court decided two cases addressing both themes in the U.S. context. In Moody v. NetChoice, the Court explained how legislation regulating private platform curation of usergenerated content runs afoul of First Amendment protections. And, in Murthy v. Missouri, the Court appeared to erect significant hurdles to challenging alleged governmental coercion of such platforms. These cases have left many …

Insurance Under Fire: Assessing How California’S Insurance Industry Is Tackling The Wildfire Crisis And What’S Next, Mackenzie Paskerian

UC Law Journal

California is currently facing an insurance crisis. The increased impact of climate change, including extreme droughts and wildfires, poses new risks to the insurance industry, especially when it comes to homeowner’s insurance. Insurance providers have limited their homeowner coverage, with many companies leaving the state entirely due to the undervaluation of climate risk in the policies they provide. A so-called “climate insurance bubble” is already beginning to burst. The state’s last-resort public insurance program, the FAIR Plan, has expanded rapidly to fill in for the lack of insurance providers in the state. But because FAIR Plan policies are expensive and …

An Age Of Statutes Or An Age Of Executive Orders? Conflicting Judicial And Presidential Visions Of Policymaking, Daniel A. Farber

UC Law Journal

Two decades ago, then-Professor Elena Kagan hailed the era of presidential administration in which Presidents would launch major policy initiatives within the executive branch and end run congressional gridlocks. Since then, the President’s role in the regulatory state has snowballed. In his second term, President Donald Trump has used this authority to the utmost in a quantum leap in presidential administration. Paradoxically, the same Justices who have championed the unitary executive have created roadblocks to presidential policymaking. Overruling the Chevron doctrine, the Court has sought to cabin the role of agencies, and thus the newly supreme President, in statutory administration. …

Religious Freedom & The Fertilized Egg, Rabea Benhalim

UC Law Journal

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …

The Music & The Movement: Race, Rhythm, And Social Justice, Renee Nicole Allen -- Associate Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

From Billie Holiday’s “Strange Fruit” to Public Enemy’s “Fight the Power” to J. Cole’s “Be Free,” music has played a vital role in energizing social justice movements and elevating the legal and social issues facing Black people. An examination into the legal, historical, and social contexts for the music created during ten key movements in Black history reveals the role of lyrics and rhythm. Through the lens of music, ten movements—Freedom, Lynching, the Great Migration, Civil Rights, Black Power, Black Feminism, Police Brutality, Mass Incarceration, Black Love, and Black Lives Matter—demonstrate that Black music is more than entertainment. It is …

Leveling The Playing Field? Exploring The Moral Ambiguity Of The Private Attorney General Model, Nathan Heastie

Washington and Lee Law Review Online

Johnson & Johnson’s market cap is twice the GDP of Oklahoma. So, when Oklahoma hauled Johnson & Johnson and other behemoth pharmaceutical companies into state court for their participation in the opioid epidemic, Big Pharma’s resources created a David v. Goliath situation. Against all odds, Oklahoma stood toe-to-toe with Big Pharma and brought home more than $650 million in settlement funds.

Oklahoma’s success would be otherwise impossible without the assistance of three private law firms serving the role of “private attorneys general.” The State signed contingency fee arrangements with the firms, transferring the financial burden of litigation from the State …

Representing The Incommunicado Client: Regulating The Attorney-Client Relationship In A Civil Rights Emergency, Michael Kagan

Washington and Lee Law Review Online

When the government obstructs a detainee’s ability to communicate with attorneys, normal rules governing the formation of attorney-client relationships break down. While some work-arounds exist to allow lawyers to bring such cases to court, they have significant limitations and can create problems of their own. The legal profession and the courts should adopt new rules modeled on emergency medicine to facilitate the filing of urgent civil rights claims for clients who are not in a position to consent. In emergency medicine, physicians can presume client consent for certain narrow and urgent purposes. Certain lawyers, in extreme cases, should be able …

Judicial Ethics, The Supreme Court, And The Rule Of Law, Charles G. Geyh

Articles by Maurer Faculty

This Essay begins with a short history of judicial ethics regulation in the United States, ending with the adoption of codes of conduct by every state and federal judicial system except the Supreme Court of the United States. It then turns to a series of ethics controversies encircling the Supreme Court and its justices, which culminated in the Supreme Court adopting a Code of Conduct in 2023. Tapping into the social science literature, it argues that for codes to improve the ethical climate of an institution they must encourage psychological ownership of and “buy-in” to a code by those subject …

Constitutional Obiter Dicta On Male-Male Sex And Fundamental Rights In Singapore, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal held a law prohibiting male–male sexual intercourse (s 377A of the Penal Code) unenforceable on non-rights-based grounds. The court's remarks about the rights to life and liberty (including whether sexual orientation is mutable), freedom of expression, and equality are obiter. But they are significant, since in Singapore, there are few constitutional rights cases and the courts focus on spelling out the limits to executive and legislative power without necessarily striking down exercises of such power on rights grounds. Indeed, the obiter dicta prompted the Legislature to repeal s 377A. Given the repeal, the obiter dicta …

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

Chatgpt In Teaching English As A Foreign Language: Teacher And Learner Perspectives, Sameiha Alhussain N Khawaji

University of Tabuk Journal for Humanities and Social Sciences

This study investigates ChatGPT as a supplementary tool in English as a Foreign Language (EFL) education through surveys of 150 teachers and 350 learners in Asia, Europe and Latin America. Results show that ChatGPT improves language proficiency by providing personalized feedback, conversational fluency (72% of users reported improvement), writing scores by 22% and vocabulary through contextualized practice. Teachers found it useful for lesson planning and administrative tasks. However, challenges such as plagiarism risks (15% of cases), occasional inaccuracies and cultural insensitivities especially in idiomatic and formal language use require ethical guidelines and human oversight. For example, Asian participants noted mismatches …

Abu Hayyan Al-Andalusi's (D.745ah) Methodological Rules In Grammar Lessons, The Term (Correct) In His Book Al-Tadheel Wa Al-Takmeel As A Model, An Analytical Study, Mohammad Abdullah Al-Mazzah

University of Tabuk Journal for Humanities and Social Sciences

This research aims to identify the methodology adopted by Abu Hayyan al-Andalusi in his book "Al-Tadhiyal wa al-Takmil" for correction, through a descriptive and analytical study that traces the mechanisms of correction and weighting in his treatment of grammatical issues, and the extent of his adherence to the methodological controls he set for himself. The research begins with an introduction explaining the importance of the research, its problems and objectives, and previous studies, followed by a preface on the importance of judgmental terms in Arabic grammar. The first section focuses on defining the concepts of "correct" and 'weighting' in grammatical …

Identity Salience Of Organizational Culture: The Intersection Of Racial And Occupational Identities In High-Risk Professions, Sarah Espinosa

School of Public Service Theses & Dissertations

Despite decades of effort, issues of race and color in organizations remain unresolved. Representative Bureaucracy (RB) has been a necessary but insufficient response to these challenges. While RB promotes diversity and inclusion, it struggles to address deeper issues of equity and justice, which are seen in the persistence of police brutality, even with increased representation of officers of color. This dissertation will propose a new theoretical approach to address the shortcomings of RB, a framework for the Identity Salience of Organizational Culture (ISOC). The ISOC framework seeks to build beyond RB to explain how the culture of high-risk professions with …

The Post-Chevron Law Of Deference For Investor-State Arbitration, Won L. Kidane

Faculty Publications

In Loper Bright Enterprises v. Raimondo, the United States Supreme Court clarified the “law of deference” built “on the foundation laid in Chevron.” The American conception of the law of deference, long solidified as the Chevron doctrine, has had extraordinary resonance, having been cited in at least 18,000 cases and 22,000 publications over a period of forty years.

The Court’s overruling of the two-step Chevron analysis for the resolution of statutory ambiguity is the most obvious outcome and is likely to attract the most attention. There is, however, an obscure aspect of the Court’s overruling of Chevron: the clarification of …

The Blackstone Ratio, Modified, Murat C. Mungan

Faculty Scholarship

In his discussion of evidentiary policies, Blackstone famously noted that ‘it is better that ten guilty persons escape than that one innocent suffer’ (Blackstone 1769). The conventional wisdom among lawyers, judges as well as academics holds that accepting this statement as a maxim necessitates the adoption of pro-defendant evidentiary rules. It is also commonly believed that costs associated with false convictions being greater than those associated with failures to punish offenders due to the presence of punishment costs provides a utilitarian rationale for Blackstonian principles. After formalizing Blackstone ratios (either as marginal rates of substitution or, alternatively, as the ratio …

Reno Real Estate Development, Llc; And Reno Property Manager, Llc V. Scenic Nevada, Inc.; City Of Reno V. Reno Real Estate Development, Llc; And Reno Property Manager, Llc; And Scenic Nevada, Inc. 141 Nev. Adv. Op. 48, Lauren Jung

Nevada Supreme Court Summaries

UNDER THE RENO MUNICIPAL CODE, AREA IDENTIFICATION SIGNS ARE DISTINCT FROM ON- OR OFF- PREMISES ADVERTISING DISPLAYS.

Clark County Deputy Marshals Association And Raymundo Enriquez V. Clark County, A Political Subdivision Of The State Of Nevada; And The Eighth Judicial District Court Of The State Of Nevada, In And For The County Of Clark, 141 Nev. Adv. Op. 49 (Oct. 23, 2025), Adrienne Jack-Sands

Nevada Supreme Court Summaries

CLARK COUNTY DEPUTY MARSHALS ARE COURT EMPLOYEES, NOT PART OF A LAW ENFORCEMENT AGENCY EMPLOYED WITHIN THE EXECUTIVE DEPARTMENT

Missing Children Discrimination, Itay Ravid, Tanisha Brown

Faculty Publications

The problem of missing children in America—many of whom are victims of crime—has haunted society for decades. In response, a range of laws and policies have emerged, culminating in the nationwide adoption of the AMBER Alert system in the early 2000s. While often hailed as a success, this Article reveals a sad truth: Not all children benefit equally from AMBER. In particular, missing Black children are systematically underserved by the system, which ultimately contributes to the disproportionate impact of the missing children crisis on Black communities. While this issue received limited scholarly attention, states have recently started recognizing it. In …

Lost In Translation: Is Data Protection Labour Law Protection?, Michele Molè

Comparative Labor Law & Policy Journal

This article critically examines how the European General Data Protection Regulation (GDPR) defines and applies the legal categories of “data subject” and “data controller” within employment relationships. Under the GDPR, employers who collect and process personal data are classified as data controllers, while employees are designated as data subjects. However, this article argues that such a “translation” of data protection categories, rights, and obligations into the regulation of workplace dynamics requires closer examination. The focus is on evaluating whether the GDPR’s rights and obligations for data subjects and data controllers accurately capture the agency and interests of employee and employer …

Liability, Property, And Inalienability Rules In Employee Data Regulation, Matthew T. Bodie

Comparative Labor Law & Policy Journal

Legal protections for workers’ data have usually taken the form of privacy protections designed to deter data processing that is excessive or invasive. Such protections generally fall into the category of liability rules, under which rights can be infringed as long as compensation is provided for the violation. As Guido Calabresi and A. Douglas Melamed have described in “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” liability rules are contrasted with either property rules that prevent the involuntary transfer of rights or inalienability rules that prohibit rights transfers altogether. This article explores how property rules and inalienability …

Clark Cnty. Sch. Dist. V. Dist. Ct. (Angalia B.), 141 Nev. Adv. Op. 58 (Nov. 26, 2025), Shahana Polselli

Nevada Supreme Court Summaries

Clark Cnty. Sch. Dist. v. Dist. Ct. (Angalia B.) holds that routine emails on a school district’s server are not accessible education records under federal and state law, unless intentionally maintained as institutional student records.