Digital Commons Network^™

Active Memory Civil Association Vs. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the botched investigation of the bombing of the building hosting the Asociación Mutual Israelita Argentina, (AMIA) in Buenos Aires, Argentina. The State admitted responsibility for the faulty investigation, which took more than twenty years, and the Court found Argentina in violation of several articles of the American Convention.

San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025), Erika C. Rader

Public Land & Resources Law Review

In San Luis Obispo Coastkeeper v. Cnty. of San Luis Obispo, the Ninth Circuit addressed how to consider a mandatory preliminary injunction for an Endangered Species Act claim when multiple listed species may be affected by the requested relief. The Plaintiffs brought ESA and state law claims to compel the County of San Luis Obispo to change its operation of the Lopez Dam on Arroyo Grande Creek, which they claimed adversely affected South-Central California Coast steelhead trout. The tidewater goby and California red-legged frog, both listed species, are also present in Arroyo Grande Creek. The Ninth Circuit determined the …

Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey

Public Land & Resources Law Review

The Ninth Circuit’s 2025 decision in Tohono O’odham Nation v. Department of Interior highlights an ongoing failure by federal land management agencies to consult meaningfully with tribal nations as mandated by the 1966 National Historic Preservation Act. This article argues that the NHPA’s framework for tribal consultation enables federal land management agencies to sidestep meaningful engagement with tribes, undermining both cultural resource protection and the federal Indian trust responsibility. To address these deficiencies—particularly in the context of renewable energy development on federal public lands, directly at issue in Tohono O’odham Nation—this article proposes amendments to the NHPA informed by …

Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee

Public Land & Resources Law Review

This comment argues that the District of Montana’s decision in Wilderness Watch v. U.S. Forest Service correctly applied the Ninth Circuit’s Kofa framework to strike down a multi-agency native trout restoration project in the Absaroka-Beartooth Wilderness, holding that the Forest Service unlawfully prioritized Yellowstone cutthroat trout conservation over the Wilderness Act’s mandate to preserve wilderness character. Dee further contends that while large wilderness watersheds offer valuable climate refugia for native coldwater fish, watershed-scale restoration projects will continue to conflict with the Act’s prohibitions on motorized and mechanized intrusions so long as agencies rely on helicopter transport and rotenone application at …

The Search For Moby Dick: The Role Of State Law In Maritime Tort Cases, John E. Holloway

Washington and Lee Law Review Online

In 1917, the United States Supreme Court held in Southern Pacific v. Jensen that a state statute is invalid if it “interferes with the proper harmony and uniformity of [the general maritime law].” Over a century after Jensen, we still do not know the limits of this “uniformity principle.” Just two years ago, the United States Supreme Court found that this question—what is the role of state law in maritime cases?—remains “one of the most perplexing in the law.”

This Article tracks the Court’s struggle to make sense of the Uniformity principle. It surveys the Court’s inconsistent rulings and criticisms …

Frye Is So Last Century: It’S Time For Washington To Get With The Times, Darian Mullen

Seattle Journal of Technology, Environmental, & Innovation Law

This paper argues that Washington State should finally abandon the

Frye test for expert witnesses and adopt the Daubert test used by federal

courts and most states. It begins with a discussion of the background of

expert witnesses in the U.S. court system and its evolution through Frye.

Then, it looks at the increase in drunk driving in Washington State as a

case study for how the public depends on quality science to protect

individuals and punish wrongdoers. Through the case study, it is

apparent that Frye is an unworkable standard that should be superseded

by Daubert.

Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones, Ka Ching "Cyrus" Au

Seattle Journal of Technology, Environmental, & Innovation Law

This article discusses how FAA Part 107 has not kept pace with

advances in drone technology and advocates for a tailored solution for

drones. The increasing accessibility of sophisticated drone technology

presents significant national security and public safety challenges.

Regulatory frameworks posed by the Federal Aviation Administration

(FAA) are insufficient to address these growing concerns. The drone

technology originally marketed and developed for photography,

agriculture, and package delivery is now being repurposed for military use

and illegal activities. In the Russo–Ukrainian war, drones are now used to

carry advanced reconnaissance capabilities or are equipped with remotely

detonated explosives. Along a …

Thinking Life: The Question Of Reproduction In Marx. Translated By James Chamberlain, Isabelle Garo

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Completely Abandon Complete Auto: Why Modern Tax Policy Challenges Require Removing The Commerce Clause’S Restrictions On State Taxation, Peter Nielsen

UC Law Business Journal

The Complete Auto four-prong test is the modern analytical framework for courts to analyze whether a state-level tax discriminates against interstate commerce in violation of the Dormant Commerce Clause. The test asks whether (i) the taxpayer has substantial nexus to the taxing state, (ii) the tax is fairly apportioned to reflect the taxpayer’s activities in the state, (iii) the tax discriminates against interstate economic activity in favor of local activity, and (iv) the tax is fairly related to the goods and services provided by the state. The Complete Auto test faces critiques from both judges and scholars for its inconsistent …

Pwnagotchi: Deauthentication Attacks, Wpa Handshakes, And Wireless Network Security, Emily Musgrove

Computer Science Honors Papers

Wireless networks are the foundation of modern device communication infrastructure. This project examines the security implications of automated WPA/WPA2 handshake collection using the Pwnagotchi, a portable Wi-Fi network auditing and penetration testing device. The paper provides a technical analysis of WPA and WPA2 authentication mechanisms, including the structure of the 4-way handshake, the creation of cryptographic keys, and the role of deauthentication attacks in forcing reconnections for handshake capture. Additionally, the project explores the vulnerabilities associated with using legacy wireless security protocols such as WEP and TKIP to allow for older technologies that continue to require such encryption methods. This …

Comparative Environmental Jurisprudence: A Multi-Country Analysis Of Rights Of Nature Applications, Lillian C. Johns

Senior Honors Projects, 2020-current

This thesis examines three distinct cases, Ecuador, the United States, and India, in their conceptualization and implementation of the Rights of Nature and environmental jurisprudence. Although the Rights of Nature have gained global traction as a response to accelerating ecological degradation and as a potential legal mechanism for addressing it, issues with implementation and enforcement consistently arise. The outcomes in each case are largely shaped by institutional design, political context, and legal cultures. Ecuador’s constitutional recognition of the Rights of Nature, the United States multilevel recognition, and India’s judicial assertions of ecological personhood represents divergent pathways for articulating environmental rights. …

Treatment Of Different Non-State Actors In Detention: A Legal, Moral, And National Security Analysis, Alison P. Raedel

Senior Honors Projects, 2020-current

This thesis analyzes state behavior regarding the treatment of non-state actors through three major frameworks: international law, ethical theory, and national security. Two cases are compared: the treatment of al-Qaeda detainees by the United States after the attacks of September 11th, 2001, and the treatment of the Angolan liberation movements by the Portuguese during the Angolan War of Independence. These cases were chosen to assess how the three frameworks apply across different non-state actors, which include terrorist organizations and liberation movements. International law provides a baseline for rights and protections, but it is often selectively interpreted. Just war theory gives …

Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder

Nevada Supreme Court Summaries

Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.

Hukuman Mati Pasca Putusan Mahkamah Konstitusi, Todung Mulya Lubis

Jurnal Hukum & Pembangunan

Abstract

No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns

UC Law SF Communications and Entertainment Journal

Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This …

Don't Ask, Don't Tell, Don't Possess: Mapping A Potential Second Amendment Challenge To 18 U.S. Code § 922(G)(6), Emil Zakarian

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the United States military discharged LGBTQ+ service members based on their sexual orientation, often assigning discharge characterizations that carry enduring legal consequences. One overlooked consequence arises under 18 U.S.C. § 922(g)(6), which prohibits individuals discharged "under dishonorable conditions" from possessing firearms. Although this provision has received limited judicial scrutiny, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen calls its constitutionality into question by requiring that modern firearm regulations be consistent with the Nation's historical tradition of regulation.

This Note argues that § 922(g)(6) is constitutionally vulnerable as applied to veterans discharged solely …

It's In The Money: The Independent Federal Reserve, Kathrynne E. Curtis

Duke Journal of Constitutional Law & Public Policy Sidebar

The case at the heart of the current controversy involves the President's firing of a Federal Reserve Governor against a backdrop of crumbling precedent. The backbone of administrative agency independence, Humphrey's Executor, awaits the Supreme Court's judgment. Therefore, distinguishing the Federal Reserve—responsible for controlling monetary policy and setting interest rates—has never been more pressing. This Note argues that the Federal Reserve can be meaningfully distinguished on a historical basis, as the Court suggests in Trump v. Wilcox, by reference to its family tree: the First and Second National Banks. Precedent and the fallout from lapses in the early …

Key Themes In Sino-American History, David J. Lorenzo, Ian Murphy

The US Army War College Quarterly: Parameters

This article examines how historical narratives shape the messaging of the Chinese Communist Party and the People’s Republic of China, particularly regarding Sino-American relations. It identifies three key historical themes—trade, discriminatory policies, and Taiwan—that are frequently invoked in China’s statements and information campaigns. By contextualizing these themes, the article argues that military and national security professionals need a deeper understanding of Sino-American history to interpret China’s messaging correctly and counter its influence effectively. The article advocates for the integration of Sino-American historical content into professional military education curricula to enhance strategic awareness and policy formulation.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

How Is Going To War Like Buying A Car?: The Bargaining Model Of War, Richard R. Johnson

The US Army War College Quarterly: Parameters

The bargaining model of war, a popular, yet complex international relations theory, emphasizes how nations communicate signals regarding military strength, resolve to fight, and foreign policy goals. Since the military plays a major role in communicating these signals, its leaders should understand this theory, despite its complexities. This article explains the model and its components through the used car sale bargaining process and supplements the analogy with real-world examples of international events. This article will help military and foreign policy professionals easily grasp the concepts of the model.

The Myth Of Long-Standing Precedent, Max Stul Oppenheimer

St. Mary's Law Journal

No abstract provided.

Becoming Our Best: Professional Identity Formation As A Pathway To Lawyering Excellence In The Age Of Generative Ai, Jessica Lynn Wherry, Frances C. Delaurentis

St. Mary's Law Journal

No abstract provided.

Redefining The Law Of Bloodstain Pattern Analysis, Richard Caldwell

St. Mary's Law Journal

No abstract provided.

One Man's Trash: Spent Fuel Recycling As A Path Forward For The U.S. Nuclear Energy Industry, Wilson Barlow

Fordham Environmental Law Review

The U.S. nuclear energy industry currently operates using an open fuel cycle in which uranium is mined for fuel, used in reactors once, and then disposed of. The alternative is a closed fuel cycle where spent nuclear fuel from reactors is reprocessed and reused. As the modern-day nuclear industry seeks to expand, the shortcomings of the closed fuel cycle are becoming apparent and may stifle further growth. This Note explores a series of historical events and policy choices dating back to the early days of the country’s nuclear industry to explain why the United States currently has an open fuel …

“It Wasn’T Me”: The Right Of Publicity In The Age Of Generative Ai, Erin Mcguinness

UC Law Science and Technology Journal

No abstract provided.

Liability Standards In Autonomous Robotic Surgery, Hee Jung Cho

UC Law Science and Technology Journal

No abstract provided.

Resisting Nullification In Excessive Force Prosecutions, Sarah E. Wagner

Buffalo Law Review

Police violence in the United States occurs at an alarming rate. Enforcing federal criminal laws aimed at holding law enforcement officers accountable for their misconduct is difficult. Even where there is strong evidence of guilt, jurors often acquit officers rather than allow them to face criminal consequences for their actions. This Article examines suspected nullification verdicts in excessive force cases through the lens of an expansive body of research on juror and jury decision making. What emerges is the theory that nullification verdicts in excessive force cases are a function of the presence of one or more authoritarian jurors, the …

“Justice” By Deception: The Immigration Regime’S Longstanding Reliance On Fraud And Coercion, Lori A. Nessel

Buffalo Law Review

No abstract provided.

The Amendments Of The Constitution Of 1945: Its Impact On Indonesian Legal System, Budi Darmono

Jurnal Hukum & Pembangunan

Abstract