Digital Commons Network^™

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …

12-Year Report Of The Massachusetts Community Mediation Center Grant Program (Fiscal Years 2013 – 2024), Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report examines the development, performance, and impact of the Massachusetts Community Mediation Center Grant Program during its first 12 years, covering fiscal years 2013 through 2024. Established under Massachusetts General Laws Chapter 75, Section 47, the Grant Program provides operational and programmatic funding to qualified community mediation centers offering free or low-cost dispute resolution services through trained community volunteers. The Massachusetts Office of Public Collaboration at the University of Massachusetts Boston administers and evaluates the program.

Over the period examined, the Commonwealth’s annual appropriation increased from $650,000 in FY2013 to approximately $3.2 million in FY2024. This investment stabilized community …

White Predominance Is The Point, Kimberly West-Faulcon

North Carolina Civil Rights Law Review

No abstract provided.

More Than Just An "Atypical" Hardship: How Courts Are Missing The Mark On Solitary Confinement, Kyra Goins

North Carolina Civil Rights Law Review

No abstract provided.

Second-Class Justice: Making The Case For Reforming Military Appellate Review, Shekinah I. Tony-Oyeleye

University of Baltimore Law Review

No abstract provided.

Teaching Legal Thinking In The Age Of Ai: Reimagining Legal Education Through Cognitive Science And Deliberate Practice, Joan R. M. Bullock

University of Baltimore Law Review

No abstract provided.

The Return To Autochthonous Law, Grant Christensen

University of Chicago Law Review

This Book Review examines the significance of Professor David E. Wilkins’s (Lumbee Nation) newest book Indigenous Governance: Clans, Constitutions, and Consent. It suggests that Wilkins has produced a critically important collection of primary sources related to the origins of tribal government and that his contribution could not come at a better time within the discipline of Indian Law.

This Book Review takes the position that Indian Law is seeing the emergence of a fourth wave of scholarship that recenters the conversation from tribal self-determination as a means of decolonization to one embracing the autochthonous powers of tribes themselves. It is …

Against General Law Constitutionalism, Joshua Macey, Ketan Ramakrishnan, Brian Richardson

University of Chicago Law Review

This Article considers how and under what circumstances the “general law,” a species of unwritten law grounded in legal customs and practices shared across different legal jurisdictions, might be used in modern constitutional interpretation. Constitutional originalists have increasingly argued that central provisions of the Constitution, such as the First and Second Amendments and the Fourteenth Amendment’s Privileges or Immunities Clause, incorporate various bodies of general law. This Article argues that, even if the Constitution did incorporate various bodies of general law, most of those bodies of law have now been emptied of content, and must remain empty without profound changes …

The Twelfth Amendment And The Era, Stephen E. Sachs

University of Chicago Law Review

How many amendments are in the Constitution? Americans should be able to know. But whether the Equal Rights Amendment is—right now—part of the Constitution remains controversial. Thirty-eight states have sought to ratify it, several of them after the seven-year deadline in the proposing resolution. Given President Joe Biden’s last-minute claim that the ERA is now the Twenty-Eighth Amendment, in a future administration this lingering debate could provoke a minor constitutional crisis.

Yet there may be a legal answer. Congress has long placed operative language in amendment resolutions that modifies the legal force of the proposed text—not only in the Bill …

The Unfairness Of Fairness: Legal Architecture For Polarized Media, Alim Ulbashev

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

An Empirical Study Of Malingering In Insanity Cases Across Twelve Decades, Deborah W. Denno

North Carolina Law Review

No abstract provided.

Cox V. Sony: Let’S Call Gershwin Off, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Workplace Monitoring Platforms Are Sharing Your Data: An Investigation & Roadmap To Address Data Abuses, Stephanie T. Nguyen, Levi Kaplan, David Choffnes, Alan Mislove, Seth Frotman, Erie Meyer

Center for Law and the Economy

This report investigates the data collection practices of nine widely used workplace monitoring platforms to determine the extent to which they track and analyze employee activity, behavior, or performance during work, including how these platforms transmit worker information and to which third-parties. This report finds that (1) nine out of nine workplace monitoring platforms studied directly shared identifying worker data to third parties, (2) nine out of nine workplace monitoring platforms studied shared information about workers’ online activities with third parties, and (3) three out of nine workplace monitoring platforms studied utilize features to track workers’ precise location. This report …

Mere Machines: Why Originalism Requires Robotic Judging, Michael Showalter

SMU Law Review Forum

In 1776, Thomas Jefferson argued that judges are “mere machines.” This statement captures founding generation’s conception of the judicial task. From Edward Coke to Montesquieu to William Blackstone to Alexander Hamilton to John Marshall, the founding era’s governing legal tradition taught that judges do no more than mechanically apply the law to reach a case’s correct answer. Judges find the law, the Founders consistently emphasized, they do not choose it.

Under originalism, that original understanding of the Article III judicial power controls how federal judges must adjudicate today. Theorists leveled sustained criticism against the Framers’ beliefs in the twentieth century, …

Place, Democracy, Law, And The Necessity Of Local News, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In 2025, the painter Amy Sherald pulled her show American Sublime from the Smithsonian after the museum considered removing a painting of a transgender Statue of Liberty to avoid angering President Trump. The Baltimore Museum of Art stepped in, and it was important that it did. American Sublime needs to be seen in person. It comprises dozens of portraits of Black Americans—a farmer, a bicyclist, a balloon-holder, a child on a playground slide. The portraits are dignified, beautiful, warm, and alluring. They are, in a word, human.

In the gallery, the paintings were hung low on the walls to increase …

Bluebook Bites: Practicing Citation One Day At A Time, Heather Kolinsky

UF Law Faculty Publications

Seeking student feedback in a tangible manner during the semester has inherent value. Ongoing student feedback can help a professor gauge what is (and what is not) working in the classroom. The professor can take the temperature of the class and get a decent read on how things are going.

This article discusses how student feedback in my Fall 2024 class birthed a practice of delivering a daily question (sometimes with subparts) to students about creating or editing Bluebook citations. I call it “Bluebook Bites.” In Part I of this article, I explain how I gather student feedback and how …

Cornerstones And Keystones: Confronting Stealth Attacks On The Regulatory State, Michael Allan Wolf

UF Law Faculty Publications

This Article is the first to identify the Roberts Court’s pattern of stealth overruling of several takings precedents by neutralizing or ignoring essential language from prior decisions. The Article explores six examples of this phenomenon and proposes a framework for identifying when a subsequent Court’s critical assessment of key language from a prior decision, whether it technically qualifies as a “holding” or not, necessitates consideration of the stare decisis factors used in Dobbs v. Jackson Women’s Health Organization. Rather than focusing on the sometimes-arbitrary distinction between holding and dictum, the Article introduces two other indicia of precedential language that …

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …

Social Bonds And Dynamic Risk In Predicting Juvenile Recidivism Among Florida Probation Youth, Shadrach Sackey

Department of Sociology: Dissertations, Theses, and Student Research

Juvenile recidivism remains a persistent challenge within the United States juvenile justice system, particularly among youth supervised in community-based probation programs. This study examines how family context, school engagement, peer associations, antisocial beliefs, and overall dynamic risk are associated with recidivism among juvenile probation youth in Florida. Drawing on social bond theory and social learning theory, the analysis uses administrative data from the Florida Department of Juvenile Justice (FDJJ) Juvenile Justice Information System, including 6,215 youth who completed community-based probation supervision between 2015 and 2018. Recidivism was measured using two outcomes within a 365-day follow-up period: rearrest and readjudication. Descriptive …

Place, Democracy, Rule Of Law, And The Necessity Of Local News, Erin C. Carroll

University of the Pacific Law Review

No abstract provided.

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

The Constitutional Future Of Trademark Tarnishment, Jake Linford

William & Mary Bill of Rights Journal

This Article is the first to examine whether trademark anti-tarnishment laws should be deemed constitutional after the Supreme Court’s 2024 decision in Vidal v. Elster. Anti-tarnishment laws protect famous brands from uses that could damage their reputation, even when consumers are not confused about who makes the tarnishing product.

The Supreme Court recently declared some trademark registration restrictions unconstitutional in Matal v. Tam and Iancu v. Brunetti. In these cases, the Court struck down federal laws that prevented registration of “disparaging” trademarks and “scandalous or immoral” trademarks because they categorized the registration bars as unconstitutional viewpoint-based restrictions. These …

Freedom At The Polls: Guns, Speech, And The Right To Vote, Matthew B. Russett

William & Mary Bill of Rights Journal

Part I of this Note provides a brief overview of current firearm prohibitions at polling locations and examines the legislative justifications for these restrictions. Recently, an increasing number of states have enacted firearm prohibitions as a prophylactic measure against voter intimidation and disruption. Part II applies New York State Rifle & Pistol Ass’n v. Bruen’s history and tradition test to determine whether these prohibitions pass constitutional muster under the Second Amendment. Indeed, a critical examination of historical voting laws in America shows a compelling history of limiting firearms near polling locations. Part III examines similar themes in First Amendment …

The Role And Professional Obligations Of Crown Attorneys In Disposition Hearings For Not Criminally Responsible Accused At Provincial Review Boards, Andrew Flavelle Martin

Dalhousie Law Journal

Crown attorneys perform several different roles, each accompanied by a set of professional obligations. R v Boucher makes it clear that the role and professional obligations of the Crown attorney at trial are to pursue justice, not to win. Much less clear are the role and professional obligations of Crown attorneys at review board disposition hearings for not criminally responsible (NCR) accused under Part XX.1 of the Criminal Code. In this article, I do two things. First, I canvass and synthesize the case law, legislative proceedings, and literature to identify the correct role of Crown attorneys at disposition hearings. I …

Neural Implants: The Promise, Peril, And Regulatory Challenges, Richard S. Saver, Jeffrey L. Saver

North Carolina Law Review

No abstract provided.

Legal And Regulatory Considerations For Post-Trial Access To Maintenance Of Beneficial Investigational Neural Devices, Alexandra L. Foulkes, Erika Versalovic, Amanda R. Merner, Gabriel Lázaro-Muñoz

North Carolina Law Review

No abstract provided.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

North Carolina Law Review

No abstract provided.

Black Labor Matters, Michael Z. Green

Faculty Scholarship

Black and organized workers increasingly find themselves threatened by two key outside forces: one seeking to stop anti-racism efforts via diversity, equity, and inclusion (DEI) practices and the other curtailing employees’ union organizing. This Article argues that a response must be grounded in uniquely local strategies by two specific worker coalitions. One coalition–the New Black Workers Movement (NBWM)–arose from Black Lives Matter civil rights protests in 2020 that captivated the workplace and heightened awareness about anti-Blackness and concerns of systemic racism. The other coalition–the New Labor Workers Movement (NLWM)–developed in 2020 as a workplace response to a global pandemic that …

Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson

Faculty Scholarship

The climate crisis has reached a perilous tipping point. Our entrenched reliance on fossil fuels remains unchecked, as fossil fuel corporations wield their power to block meaningful reform and entrench their profits. The political horizon offers little relief—an incoming administration is poised to dismantle vital environmental protections, stripping away the few safeguards that stand between us and climate catastrophe.

In this grim landscape, communities across the nation are turning to the courts with renewed urgency, seeking justice and reform through climate litigation. Yet past efforts have fallen short, stymied by two formidable barriers. First, by centering on greenhouse gas emissions …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …