Digital Commons Network^™

Health, Patents, And Path Dependence: India's Pharmaceutical Crossroads, Jacie Bissell

Michigan Technology Law Review

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial …

Conversational Ai And Human-Centered First Amendment, Inyoung Cheong

Michigan Technology Law Review

Human-centered artificial intelligence (AI) is premised on the idea that humans must remain the ultimate locus of agency in technological systems. First Amendment jurisprudence has displaced this commitment. By extending speech protection to algorithmic architectures, the judiciary has forged a doctrinal shield that insulates corporate actors from the consequences of their products. Conversational AI deepens this crisis through intimate incursions into the epistemic and emotional registers of the self. Emerging approaches that anchor First Amendment coverage to the controllability or traceability of AI outputs offer no stable solution. Policy-level design choices such as safety guardrails and alignment processes can readily …

A History Of Vacatur, Benjamin B. Johnson

UF Law Faculty Publications

Vacatur, a seemingly routine appellate tool, has evolved into one of the Supreme Court’s most potent instruments for declaring law. This Article offers the first comprehensive historical account of vacatur, tracing its roots from English and early American practice through its twentieth-century transformations to its contemporary uses. Historically, courts used vacatur to manage dockets, correct procedural irregularities, or enforce reversals on the merits. Modern usage has departed markedly from these roots. The Court now frequently employs vacatur to declare binding legal rules without issuing judgments, effectively circumventing traditional limits on judicial power. Taking seriously the Court’s own insistence on history …

The New Assault On Plyler V. Doe, Cori Alonso-Yoder, Gabriel Sanchez

SMU Law Review

The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the Supreme Court in Plyler v. Doe affirmed the state and national interests in educating students regardless of status, the Heritage Foundation has called on states to pass legislation to overturn that decades-old precedent. While no state has yet adopted these measures, many states have tried, marking a new attack on the precedent in Plyler.

This Article builds on …

True Man, Captive Mother: Abortion As A Fundamental Self-Defense Right, Nicholle Vandy

Indiana Journal of Law and Social Equality

Abortion healthcare has faced significant challenges since the Supreme Court held in Dobbs v. Jackson Women’s Health Organization that there exists no constitutional right to abortion. Contrastingly, the right to bear arms, grounded in the right to self-defense, has strong constitutional protections, as highlighted in New York State Rifle & Pistol Association v. Bruen. The extension of the right to self-defense is exemplified by the proliferation of Stand Your Ground laws in numerous states.

This Comment examines the growing tension between self-defense doctrine, particularly through Stand Your Ground laws, and the increasing criminalization of abortion in various states. It …

Operation Midway Blitz: How Federal Immigration Agents Violated International Human Rights, Sarah Dávila A., Alejandra Palacios, Roberto A. Valdez Jr.

Faculty White Papers

No abstract provided.

Investment Law, Justice, And Sustainable Development, Frank Emmert, Begaiym Esenkulova

GHEA21 Open Educational Resources

This book is focused on international investment law, justice, and sustainable development. It is intended as a study and research resource for anyone interested in investment law and investor-state dispute settlement (ISDS). It is widely recognized that states receiving foreign direct investment (FDI) often greatly benefit from it, as FDI is one of the driving forces of economic development. Nevertheless, FDI can also cause environmental harm, social unrest, a ‘race-to-the-bottom’ in regulatory standards as well as other negative consequences, if not properly regulated. As FDI may have a double-edged impact, both positive and negative, it is important for states not …

Tiktok, The First Amendment, And Regulating Speech On The Internet, Marriah Binek

Roger Williams University Law Review

No abstract provided.

The Ten Commandments, Stripped Of Slavery, Exodus & Jubilee, Christopher D. Hampson

UF Law Faculty Publications

The Ten Commandments are back on public classroom walls and in federal court, after several states passed new laws requiring school districts to post the text. As attorneys, judges, and amici debate whether First Amendment law has changed enough since Stone v. Graham in 1980 to allow the posting of the ancient religious text, this Essay comes at the situation from an entirely different angle. The precise text proposed by the states might be a good example of “ceremonial deism,” but it removes biblical law from biblical narrative – and, in doing so, unsets the Ten Commandments from their original …

Property Law As History, Michael Allan Wolf

UF Law Faculty Publications

Because property law and history are so inextricably intertwined, it has become even more important for law professors to share with students and colleagues the ways in which knowledge of history unlocks difficult concepts, suggests workable solutions to contemporary puzzles, and makes very dry concepts—destructible contingent remainders, running covenants, privity, and the Rule in Dumpor’s Case—much easier to digest.   Sampling from the doctrinal menu of a typical first-year property course--adverse possession, present estates and future interests, landlord-tenant, concurrent interests, servitudes, land transactions, eminent domain, regulatory takings, and zoning--this article identifies two aspects of the law of property as history, using …

Environmental Monitoring Plan: For Work To Be Performed: July 1, 2026, Through June 30, 2027, Tennessee. Department Of Environment And Conservation

Environmental Monitoring Plans

The Tennessee Department of Enviornment and Conservation, Division of Remediation, Oak Ridge (TDEC DoR-OR), provides the annual Fiscal Year 2026 EMP for the period of July 1, 2026, through June 30, 2027. This report is submitted as a comprehensive plan for TDEC DoR-OR monitoring and assessment activities across the Oak Ridge Reservation, Oak Ridge, Tennessee, (ORR) in accordance with terms of both the Environmental Surveillance and Oversight Agreement (ESOA), as well as in support of activities being conducted under the Federal Facilities Agreement (FFA).

Brace For Impact: Castleman, Bruen, Rahimi, And The Collision Course Of Domestic Violence And Gun Violence Jurisprudence, Gill, Colleen

Santa Clara Law Review

In June 2022, the Supreme Court articulated a new standard of judicial review for Second Amendment cases in New York State Rifle & Pistol Association, Inc. v. Bruen. Though the Court claimed that Bruen’s “history and tradition” standard was consistent with previous Second Amendment analyses, lower courts struggled to apply it. Two years later, the Court revisited Bruen for the first time in United States v. Rahimi. However, Rahimi came with a unique set of facts – at its core, it was a case about domestic violence restraining orders.

This Note uses Rahimi to showcase the limits of the history …

The Impact Of Extreme Risk Protection Orders On Homicide And Suicide: Are There Any Red Flags?, K. Alexander Adams

Wyoming Law Review

Twenty-two states have instituted Extreme Risk Protection Order (ERPO) laws, also known as red flag laws. These laws allow law enforcement, family members, and others to petition courts to temporarily seize firearms from an individual believed to be a danger to themselves or others. These laws have been passed with the goal of reducing firearm-related homicide and suicide. This Article tests whether these laws save lives by using a generalized synthetic control model, improving upon the previously used difference-in-difference and standard synthetic control models. This preliminary study suggests ERPOs, as currently written, fail to statistically significantly reduce total homicide, total …

The "Open" Door: A Comparative Analysis Of Gender Bias In Arbitration Within The Spanish And United States Women's National Soccer Teams, Madison Hausmann

Marquette Sports Law Review

No abstract provided.

Court Of Arbitration For Sport Under Scrutiny: Institutional Compromise Or Sports Justice?, Farqaleet Khokhar

Marquette Sports Law Review

No abstract provided.

Loper Bright Enterprises V. Raimondo's Effect On The Authority Of The National Labor Relations Board To Designate College Student-Athletes As Employees, Sophie E. Butler

Marquette Sports Law Review

No abstract provided.

The Price Of Secularism: Marginalization Of French Athletes And International Human Rights In Olympic Participation, Elizabeth M. Murphy

Marquette Sports Law Review

No abstract provided.

Full Issue, Wyoming Law Review Editorial Board

Wyoming Law Review

No abstract provided.

Refunding The Community: What Defunding Mpd Means And Why It Is Urgent And Realistic, Jli Vol. 39 Editorial Board

Minnesota Journal of Law & Inequality

No abstract provided.

Rights Without Remedies: How Trump V. Casa Undermines Universal Injunctions And Uniform Constitutional Enforcement, Savannah Cobbs

University of the District of Columbia Law Review

Trump v. CASA, Inc. significantly reduced the remedial authority of the federal judiciary by rejecting the power of federal district courts to issue universal injunctions, a tool long used to halt widespread constitutional violations. Framed as a procedural decision about equitable remedies, the ruling severely narrows the scope of relief available in challenges to executive action. This Comment examines how the Court’s decision limits lower courts’ capacity to provide meaningful remedies and reshapes the balance of power among the branches of government. The analysis argues that the majority misapplies case law like Grupo Mexicano by imposing an unduly rigid historical …

The Trump Administration’S Racial Dragnet: Immigration Enforcement In Los Angeles, Kevin R. Johnson

SMU Law Review

President Trump’s mass deportation campaign selected as one of its early targets Los Angeles, California, and its large Latina/o community. Comprising roughly half of the city’s population, Latina/os are being stopped, questioned, and rounded up by roving Immigration and Customs Enforcement (ICE) patrols. A legal challenge claimed that the patrols are engaging in unlawful racial profiling on a mass scale. The litigation responds to the widespread belief among Latina/os that the Trump Administration is unduly, if not exclusively, relying on race in targeting people for questioning about their immigration status.

For years, courts and political leaders have roundly condemned racial …

The Level Of Faculty Members' Awareness At The University Of Tabuk Of The Importance Of Using Artificial Intelligence Applications In Teaching According To Selected Demographic Variables, Mufleh Bin Qublan Bin Bajad Al Judea

University of Tabuk Journal for Humanities and Social Sciences

The present study investigates the level of awareness among faculty members at the University of Tabuk regarding the importance of employing artificial intelligence (AI) applications in teaching. To achieve this aim, the study examines the influence of several demographic and professional variables, including academic rank, gender, years of teaching experience, and the level of training in artificial intelligence. A descriptive-analytical approach was adopted, and data were collected through a questionnaire administered to a sample of faculty members in the College of Education. The results revealed no statistically significant differences in awareness levels attributable to academic rank, gender, or teaching experience. …

Recentering Creativity In Copyright Law Discourse, Joshua Yuvaraj

IP Theory

Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly understand what it means for a work to be "creative" where that is required for copyright to subsist. An emerging strand of copyright discourse seeks to respond by examining scientific insights into the cognitive process of creativity to highlight how copyright law should be reshaped to …

In Memory Of Dan Subotnik—Friend And Scholar, David M. Phillips

Touro Law Review

No abstract provided.

Memories Of Marian Pink, Marian Pink

Touro Law Review

No abstract provided.

Memories Of My Father, Daniel Ezra Subotnik, Joseph E. Subotnik

Touro Law Review

No abstract provided.

The New Legal Tender Debate: Surveying State-Level Attempts To Regulate Central Bank Digital Currencies, Jacob Gerszten

Michigan Technology Law Review

This Note explores the growing wave of state-level legislation aimed at regulating Central Bank Digital Currencies (CBDCs). CBDCs, digital forms of central bank-issued money, have sparked intense political debates between proponents who see them as the logical next development in monetary technology and critics who perceive them as threats to privacy and financial system stability. Although a widely available CBDC appears unlikely without Congressional authorization, sixteen states have enacted laws designed to preempt its development, with more statutes likely to follow. These state statutes employ various legal mechanisms, including redefining terms in the Uniform Commercial Code, prohibiting CBDC-related payments to …

Dammed If You Do: Should The Government Be Liable For Hurricane Flooding And Other Natural Disasters?, Lior Jacob Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

When hurricanes, wildfires, and other natural disasters strike, government officials must make difficult decisions under time pressure and amidst uncertainty over how best to save lives and mitigate the resulting damage to private property. Sometimes landowners who do not second-guess the appropriateness of those decisions made in exigent circumstances nonetheless insist that the government should foot the bill for the resulting destruction. In a 2025 opinion (Ablan) and a 2022 decision (Milton), both involving flooding damage resulting from Hurricane Harvey, the Federal Circuit articulated an expansive vision of government liability under the Takings Clause that can be squared with neither …

People's Upr Written Record, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

No abstract provided.

Designing Contract Modification, Albert H. Choi, George Triantis

University of Chicago Law Review

No abstract provided.