Digital Commons Network^™

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira Diner

The University of New Hampshire Law Review

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Adjudicating Fake News, Filippo Lancieri, Caio Mario Da Silva Pereira Neto, Rodrigo Moura Karolczak, Barbara Marchiori De Assis

Georgetown Law Faculty Publications and Other Works

On July 30, 2025, U.S. President Donald Trump imposed 50% tariffs on imports from Brazil and sanctioned a sitting Brazilian Supreme Court Justice, both partially because of Brazil’s online content moderation decisions. This is an extreme, but not an isolated event: worldwide, legislators and regulators struggle to craft public policies that address problems of disinformation and online harassment while protecting the freedom of expression—leading to increasing international confrontations. One key question in content moderation is content adjudication—or who is responsible for deciding what type of speech violates the law and should be taken down (or not). This article contributes to …

Dignity And The Free Press, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

As American institutions wither and die, those who believe in their importance must reflect and rebuild. One institution worthy of sustained attention is the free press. Divorced from government by design, the press can benefit from efforts to reinvigorate and reinvent it in ways that institutions more directly under the federal government’s thumb cannot. To best undertake these efforts, we need a richer understanding of why a free press is vital. Articulating the values that underlie the need for this institution is necessary not only to build the most robust free press, but also to best exercise our freedoms as …

Immigrants And The Battle For Our Nation In The Courts, Raquel E. Aldana

University of the Pacific Law Review

No abstract provided.

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Digital Deterrence Through Financial Controls: Anti-Money Laundering Laws, Lawfare, And The Prc Cyber Threat, Owen T. Tremblay

William & Mary Law Review

This Note argues that anti-money laundering (AML) laws have the potential to serve as powerful tools in disrupting and degrading the support networks that enable and sustain PRC offensive cyber operations. [...] Part I provides an overview of the PRC’s cyber force structure and the national objectives it seeks to achieve through state-sponsored cyber operations. Part II examines the existing legal mechanisms employed to combat PRC MCA [Malicious Cyber Activity], including criminal charges, sanctions, export controls, investment restrictions, civil lawsuits, and other regulatory measures. Part III introduces AML laws as an additional tool in the legal and regulatory toolkit used …

Understanding The Impact Of Childhood Trauma On Recidivism Among Justice-Involved Youth, Jasmine Valencia, Karina V. Garcia, Genaro Fabela

Electronic Theses, Projects, and Dissertations

Adverse Childhood Experiences (ACEs) are especially common among youth involved in the juvenile justice system, and research has consistently linked these early traumatic experiences to a variety of negative behavioral and developmental outcomes. Still, we do not fully understand how strongly cumulative ACE exposure predicts whether detained youth will reoffend, or whether trauma-informed rehabilitation programs can help reduce that risk. This proposed quantitative study explores the relationship between ACE scores and recidivism among youth ages 11–18 detained at the San Bernardino County Juvenile Detention Center. Grounded in trauma theory and ecological systems theory, the study focuses on two primary questions: …

Susceptibility To Memory Errors Created By Leading Questions Based On The Perceived Authority Of Interviewer, Clay K. Wollard

Undergraduate Honors Theses

It has been well established that memory of an event can be modified by introducing misinformation through questioning. This study fills a gap in the research literature by testing the potential relationship between perceived authority and susceptibility to misinformation. This was measured through showing participants a video of a traffic accident and asking them questions about the events they witnessed. Participants were also asked to rate their confidence in the correctness of each answer to determine if there are any correlations between authority, correct answers, misinformation, and confidence. Authority was conveyed through the clothing worn by the researcher during each …

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

The Quiet Revival Of The Effective Vindication Of Rights Doctrine, Myriam Gilles

Fordham Law Review

The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum.” By upholding a class action–banning arbitration provision that rendered arbitration economically irrational, Italian Colors appeared to extinguish any meaningful limits on the enforcement of arbitration agreements.

But reports of the doctrine’s demise were premature. This Article uncovers how, in the decade since Italian Colors, lower …

Avoiding Rough Waters Of Uncertain Liability: A Call To Anchor Section 12 Solicitation Liability Under A Clarified Direct And Active Standard, Hunter Thomas

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Back To The Future: Impact Of Affordable Care Act On Health Equity And Risks Of Backsliding In Era Of New Hurdles For Obtaining Coverage And Health Care, Renée M. Landers

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Human Touch: Lawyer Leadership In The Age Of Generative Ai, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

No abstract provided.

Rethinking The Scope Of State Power: Territorial Jurisdiction, Popular Sovereignty, And Extraterritorial Legislation, Jeffrey Schmitt

William & Mary Law Review

The Supreme Court applies the territorial framework of international law to resolve disputes over the reach of state power. Under this framework, a state’s power is coterminous with its borders, such that a state’s regulatory power within its territory is limited only by federal law. The Court recently used this framework to overrule an obscure line of Dormant Commerce Clause cases that held that a state regulation of local conduct could have impermissible extraterritorial effects.

This Article argues that the territorial model of state power from international law does not account for the division of sovereignty within our federal system. …

Unrestricted: Why Access To A Special Victims' Counsel Should Not Rest On Victim Credibility, Kate Franco

William & Mary Law Review

Part I discusses the role of courts-martial in the military and the distinction between civilian ideals of justice and the military’s objective of “good order and discipline.” It also describes how the sociopolitical landscape in the early twenty-first century shaped the Uniformed Military Code of Justice (UCMJ), the internal decision to introduce counsel specifically for sexual assault victims, and Congress’s decision to require SVC [Special Victims' Counsel] programs across all branches. Part II examines the state of SVC programs today within branches and across the political landscape. It also provides a more detailed analysis of United States v. Deremer and …

Statutory Backups For Endangered Constitutional Rights, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns the phenomenon of “statutory backup rights,” or statutes that provide protections parallel to constitutional rights that are believed to be at risk of judicial abrogation. Proposals for backup rights gained attention in the aftermath of the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which not only eliminated the constitutional right to abortion but called into question some other constitutional rights as well. Shortly after Dobbs, Congress enacted a limited statutory backup for same-sex marriage. States have created backup rights across a range of topics, some of which appeal mostly to those …

Expressive Association At Work, Elizabeth Sepper, James D. Nelson, Charlotte Garden

Michigan Law Review

Do employers have constitutional rights of expressive association? Two decades ago, in Boy Scouts of America v. Dale, the Supreme Court held that a state law prohibiting discrimination based on sexual orientation could not be applied to a membership organization that wished to exclude a gay leader. Today, courts face a rising tide of claims from employers, who argue that Dale constitutionally insulates their hiring and firing decisions from antidiscrimination law. A narrow majority of courts have denied such claims, holding that Dale does not apply at work. Increasingly, however, courts are siding with these employers, eliding any distinction …

A Concerted Effort: How The Roberts Court Demolished Anti-Gerrymandering Protections, Samuel Ogden

Seattle Journal for Social Justice

No abstract provided.

A Mass Disabling Event: Why California Courts Must Protect Workers’ Families From Take-Home Covid, Ellery Armstrong

Seattle Journal for Social Justice

No abstract provided.

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

The Artificial Artist: Considering Ai’S Impact On Image Copyright, Alyse Mandelblatt

Communication Undergraduate Honors Theses

This thesis seeks to create empirical results to ground what has been a largely theoretical discussion about the effect of artificial intelligence (AI) on copyright law in the United States. AI has disrupted traditional ideas of creativity and expression, which are vital communication tools. Copyright is a regulatory agent to encourage the production of unique communication products by giving owners complete rights to their work. Copyright principles conflict with current AI model training practices. This research considers how AI literacy may provide insight into copyright knowledge and AI attitudes for prediction of how common law and AI regulation policy may …

Supreme Court And Presidentialism: When Judges Stand In The President’S Way, Michael Procopio Avelar

LL.M. Essays & Theses

This article examines the conditions under which constitutional courts are able to resist executive attempts at institutional capture during periods of democratic erosion. Instead of concentrating on the mechanisms through which courts are attacked, it focuses on how courts effectively behave in the long term when operating under sustained political pressure. The central claim is that judicial resistance cannot be explained solely by formal institutional design or by a general commitment to constitutional principles. It depends on the interaction of three variables: judicial replaceability, external support, and enforcement capacity.

The article develops a typology of judicial responses to executive aggrandizement, …

Lay Perceptions Of Alternative Dispute Resolution In Civil Legal Disputes, Ashley Gale Vaughan

Open Access Theses & Dissertations

This thesis examined how laypeople evaluate alternative dispute resolution (ADR) procedures in civil legal disputes, focusing on outcome favorability, procedural format, and procedural choice. Drawing on procedural justice theory, two vignette-based studies tested whether mediation would be evaluated more favorably than arbitration and whether allowing participants to choose the ADR process would improve satisfaction and perceptions of procedural justice. Study 1 used a 2 x 2 between-subjects design with undergraduate participants (N = 140) and manipulated ADR process (mediation vs. arbitration) and outcome (favorable vs. unfavorable). Study 2 extended this design by adding a choice condition in a community adult …

The Political Transformation Of Corporate America, 2001–2022, Reilly S. Steel

Faculty Scholarship

This article reconciles conflicting views about the political landscape of corporate America with new data on the revealed political preferences of 97,469 corporate directors and executives at 9,005 different U.S. companies. Driven largely by turnover, I find that average observed ideology for directors and executives has shifted meaningfully to the left over time, changing from modestly conservative in 2001 to roughly centrist by 2022. This finding supports a middle-ground position between conventional wisdom casting “big business” as a conservative stronghold and revisionist views holding the opposite. Counterfactual simulations and a difference-in-differences design suggest multifaceted reasons for these changes, and hand-collected …

A Gdpr-Compliant Fatca Structure?, Michael Hatfield

Articles

A 2025 Belgian Data Protection Authority (DPA) decision and ensuing preliminary questions referred by the Belgian Market Court to the Court of Justice of the European Union (CJEU) highlights the tension between the General Data Protection Regulation (GDPR) and the US Foreign Account Tax Compliance Act (FATCA) structure in Europe. The FATCA structure relies on intergovernmental agreements (FATCA IGAs) between the US and EU Member States. Under these agreements, Member State tax authorities transfer personal data of their citizens and residents to the US Internal Revenue Service (IRS). It may be determined that these transfers violate some or all of …

Autonomous Contracts And Transformative Justice: Practicing Family Law Without Court Intervention, D Dangaran, Andy Izenson

Cardozo Law Review

Legal scholars have made calls to “abolish family court” or “abolish the family.” Before family court can be abolished, society must reduce its reliance on state interventions to resolve family disputes. This Article applies abolition theory and the praxis of “non-reformist reforms,” derived from Black feminist thought and the prison abolition movement, to family law. It details the context of the current “carceral” interventions that rely on state enforcement and then categorizes alternative family law tools into noncarceral, anticarceral, and transformative practices. Noncarceral approaches, such as private ordering through prenuptial, “no-nuptial,” and separation agreements, and establishing parentage for assisted reproduction …

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

May 2026 News You Need, David Foe

The Journal of the Michigan Dental Association

This source provides comprehensive updates on organized dentistry, including the appointment of Dr. Nader A. Nadershahi as the new ADA executive director. It reports on the MDA's current membership market share, which remains high at approximately 70% despite national trends. Significant health topics covered include Mental Health Awareness Month resources like the Well-Being Index and a patient fact sheet linking oral health to systemic conditions like heart disease and diabetes.

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …