Digital Commons Network^™

The Efficiency Paradox Of Majoritarian Democracy, Barbara Luppi, Francesco Parisi

Articles

Majoritarian democracy is widely regarded as the canonical procedure for converting heterogeneous individual preferences into collective decisions, yet its welfare properties are far more fragile than legal and political theorists suggest. This paper contributes to the literature on the limits of majoritarianism by applying a spatial voting model to demonstrate that the conditions under which majoritarian democracies produce efficient outcomes are narrowly constrained by the structural features of majority rule itself. We formalize a multidimensional policy environment in which voters bargain over both the policy vector and lump‑sum transfers. We show that—even with transferable utility among members of the majority …

General Law Revivalism And The Problem Of 1938, Jack Landman Goldsmith, Curtis Bradley

Public Law and Legal Theory Working Papers

From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of “general law” to resolve a wide range of legal issues, including issues relating to commercial law, tort law, international law, conflict of laws, equity, and procedure. This general law regime became politically fraught and difficult to administer, and the Supreme Court repudiated it in Erie, declaring that “there is no federal general common law” and requiring the federal courts to ground all rules in either federal or state law. Erie and its progeny created what this Article terms the …

Analyzing Best Practices In Reintegration, Education, Restorative Justice, And Reentry, Sergio Grossi

Open Educational Resources

This collaborative assignment in SOC 301 (Penology) requires students to critically examine best practices in reintegration, prison education, rehabilitation, and restorative justice through comparative international case studies, such as APAC, Bastøy Prison, or the Inside-Out Prison Exchange Program. Working in groups, students analyze at least five peer-reviewed sources to assess both documented benefits (e.g., reduced recidivism, improved reintegration) and key challenges (e.g., scalability and sustainability). The scaffolded structure—proposal, draft, final paper, and presentation—strengthens research skills, critical thinking, and evidence-based academic communication.

Analyzing Minnick V. California Using Chatgpt, Nicholas Malkov

Open Educational Resources

This assignment in the Race and Ethnicity course asks students to critically analyze the Supreme Court case Wayne Minnick et al. v. California Department of Corrections et al. through a structured case brief and ethical use of AI. Students examine key legal elements of the case while exploring issues of race, ethnicity, and institutional discrimination in the correctional system. After briefing the case, students use AI tools to generate and revise discussion questions that deepen analysis of themes such as racial discrimination, intersectionality, sentencing, advocacy, and policy reform. The assignment emphasizes critical thinking, legal analysis, and responsible AI engagement.

Constitutional Powers Midterm Exam, Jordan Reitzfeld

Open Educational Resources

Students apply constitutional principles and court decisions to contemporary questions about the powers of Congress, the president, and the judiciary. They defend positions on possible reforms and analyze property rights, copyright, and trademark issues.

Reimagining Justice: Transformative Justice Analysis In Adult Felony Cases, Marisa Tramontano

Open Educational Resources

In this sociology final project, students take the role of a sociologist working with a public defender and analyze the records and social history of a client facing sentencing for a felony. They write a report for a judge explaining how structural factors and sociological concepts illuminate the case, then recommend responses that include alternatives to incarceration. A reflective essay examines the limits of the available information, ethical considerations, and how the project shaped their understanding of justice.

The Trials We Remember: Exploring Historical Significance Through Interviews, Sara Mcdougall

Open Educational Resources

Students interview someone about a judicial trial that mattered to them and reflect on a trial of personal significance. They share what they learned through a classmate presentation, exploring how people assign meaning to trials while practicing communication skills.

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

Aggregation At The Bottom, Seema Tahir Saifee

University of Colorado Law Review

No abstract provided.

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …

Immigration Federalism And The Promise Of State Constitutions, Joanne Gottesman

Lewis & Clark Law Review

This Article explores state constitutions’ promises and pitfalls for immigrant rights advocacy. This is a particularly urgent endeavor, given the anti-immigrant measures of President Trump’s second term and a U.S. Supreme Court that is willing to reverse longstanding precedent. Even cases like Plyler v. Doe, with its guarantee of free public education to undocumented children, could be vulnerable. While U.S. Supreme Court opinions protecting immigrant rights are the gold standard because they apply nationwide, state courts and state constitutions provide critical alternative avenues for relief that should not be overlooked.

This Article considers some state constitutional provisions that may help …

The Steelerville Case: Applying Criminological Theory To Crime And Police Morale, Shamus Smith

Open Educational Resources

Students use a fictional town’s economic decline and rising crime to evaluate at least two criminological theories and their implications for policy. Role-playing as consultants, they develop research-supported recommendations to reduce crime and improve police morale.

Balancing Nationalities In International Investment Law, Peter J. Spiro

Chicago Journal of International Law

How can you tell where someone is “from”?  Historically, an individual’s national identity was singular, starting with formal nationality. One’s national center of gravity was readily determinable. Not so today. Determining one’s primary national identification is no longer an easy thing in many cases. This is consequentially enabled by the growing acceptance of dual citizenship. One can openly identify as a formal member of more than one country in a way that was disfavored in the past.

International investment law, however, has not caught up to this reality. In an increasing number of international arbitrations, tribunals are shutting the doors …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

The Lost Mines Of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize A Region, Jonathan Gharib

William & Mary Environmental Law and Policy Review

Since the decline of coal, which began in the late 1980s, Appalachia has been left with thousands of abandoned coal mines that act as a stand-in for the state of the region as a whole. This stands in not only for the economic decline of the region, but also as a stand-in for the people of the region who also perceive themselves to have been abandoned. The future status, both legal and economic, of these abandoned mines that once helped to fuel Appalachia’s growth is unclear. Despite the muddied history of both Appalachia and these mines, with the proper legal …

Cold Comfort: Japan’S “Comfort Women” Litigation Under Transnational Law, Timothy Webster

Faculty Scholarship

Transnational human rights litigation has emerged as a powerful tool to remediate state and corporate abuses. Courts, however, rarely evince the same enthusiasm for these lawsuits as practitioners, scholars, and activists. For the past thirty-five years, “comfort women,” or survivors of wartime sexual exploitation, have used transnational litigation to seek redress from the Japanese government. Yet they have lost nearly all their cases. This Article uses ten “comfort women” lawsuits from Japan to test the limits of transnational human rights litigation. While judges rarely found for the comfort women, their verdicts nonetheless advanced the redress issue by showing the illegality …

Creeping Alliances In Foreign Policy Choices: A World Of Clusters And The Outline Of A Fragmented World Order, Kerem Gülay

Case Western Reserve Journal of International Law

International cooperation and conflict has long been studied through formal institutions, namely, membership in international organizations and participation in bilateral or multilateral treaties. This hardly grasps the informal and contingent relationships and the tacit and pragmatic alliances reflected in countries’ joint positions on multilateral issues. While most theories of alliances were preoccupied with why such formal alliances were formed, this article offers a reconceptualization of international cooperation based on empirical data. It proposes “creeping alliances,” tentatively defined as gradual and often informal cooperation that develops over time characterized by increasing mutual foreign policy alignment, to explain an undertheorized domain of …

Closing Remarks To The American Society Of International Law 2025 Midyear Meeting, Rt. Hon. Alex Chalk Kc

Case Western Reserve Journal of International Law

No abstract provided.

Equal-Access Extraction: Necessary Revisions To The Extent Of The 1920 Svalbard Treaty Due To Norway's Deep-Sea Mining Decision, Louden J. Keihl

Case Western Reserve Journal of International Law

Svalbard’s 100-year-old governing treaty, the Svalbard Treaty, has been the cause of several disputes regarding its applicability to maritime zones not developed at the time of its negotiation. This Note argues that, considering Svalbard’s importance, the different treaty parties should renegotiate and revise the Svalbard Treaty to clarify ambiguities regarding its geographic scope. The reasons why the dispute has not been solved to date and the differing views on the Treaty’s geographic scope are also discussed. Potential clarifying language is proposed and analyzed. (from the author)

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

• Maine Law’s Privacy Program Continues to Innovate
  How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.

• New Business & Law Clinic
  Strengthening Maine’s economy one startup at a time.

• Global Experiential Learning
  From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.

• Rural Access to Justice
  The Rural Practice Clinic’s impact on Maine’s growing justice gap.

• Law & Conservation Efforts
  How Maine Law alumni steward change and safeguard the future through environmental advocacy.

• Supporting Maine’s Vulnerable
  The Refugee & Human Rights Clinic expands access to justice across Maine. …

The “Multi-Normative” Biological Weapons Convention: A Study Of The 2022 Article V Meeting In Geneva, Robert Lawless

Emory International Law Review

In September 2022, States parties to the Biological Weapons Convention (BWC) held a Formal Consultative Meeting in Geneva pursuant to Article V of the Convention, following Russia’s allegations that the United States and Ukraine had developed biological weapons in violation of BWC prohibitions. Although largely overlooked in public discourse, the Geneva meeting provides a revealing example of the BWC in practice. This article examines the Geneva meeting to assess the Convention’s normative role in contemporary international relations. It argues that States parties reaffirmed their commitment to the BWC’s core prohibition against the hostile use of biological agents against humans. Moreover, …

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

Food Stamp Participation And Health Outcomes In Ca Immigrants, Esther Kang

Scripps Senior Theses

The U.S. social welfare system includes programs aiming to increase access to nutritious food to reduce nutrition insecurity. However, studies suggest that immigrants continue to face disproportionate risks of nutrition insecurity and may face barriers to enrollment due to legal status. This study, using secondary data from the 2023 California Health Interview Survey, examines the associations between food stamp participation, food insecurity, and clinical diagnosis of diabetes among adult U.S.-born, naturalized, and non-citizen adults in California. The findings suggest that those enrolled in food stamps are more likely to report food insecurity than those who are not enrolled, and that …

The Intertemporal Law Doctrine’S Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

All Papers

The intertemporal doctrine provides that international disputes have to be resolved in accordance with the international law that existed at the time the events giving rise to the dispute took place, not at the time the matter is adjudicated.1 It is thought to be impermissible to apply current standards to events that occurred in the past when different legal principles and rules were the norm. This doctrine applies as much to acquisition of colonies as to other international issues.2 So in order to determine whether a European nation acquired sovereignty over an overseas territory, it is necessary to determine and …

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

Faculty Publications

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Style And Substance: A Review Of Jill Barton's The Supreme Guide To Writing, Christina Frohock

Articles

No abstract provided.

Rethinking Transnational Adjudication: The Normative Foundations Of Institutional Design, Sanctions-Related Arbitration Frameworks, And Digital Recognition Systems, Avaskhan Asanaliyev

SJD Dissertations

This dissertation examines how emerging judicial and dispute resolution architectures can sustain cross-border commerce, investment, and enforcement in the post-Soviet space and beyond, at a time of institutional fragility, geopolitical tension, and rapid digitalization. Drawing on the experience of Kazakhstan, Russia, Ukraine, and key global hubs, it argues that institutional innovation in courts, arbitration, and enforcement mechanisms is central to rebuilding credible governance frameworks for international business. It does so through three interconnected studies that together explore the evolution of modern adjudication: first, through the transplantation of a common law judiciary model within a civil law state; second, through the …

Toward Interspecies Reproductive Justice, Asha A. Ramakumar

Animal Law Review

Reproductive justice discourse has largely overlooked non-human animals, despite the parallel forms of biopolitical control exercised over human women and female animals’ reproductive labor. By examining the shared logics underlying the subordina-tion of both human women and dairy cows, this Article argues that any genuine conception of reproductive justice must inter-rogate reproductive exploitation beyond the human experience. Drawing from Michel Foucault’s theory of biopower and Carol J. Adams’ framework of the “absent referent,” this Article elucidates how powerful institutions control those with the capacity for preg-nancy by perpetuating narratives of biological essentialism and obligation.

Part II examines several examples of …

Yars 19(33)

Yearbook of Antitrust and Regulatory Studies

YARS Vol. 19(33)