Digital Commons Network^™

Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes

Faculty Scholarship

The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.² A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.³ Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …

No Law Is An Island: A Dialogical Rejoinder To Authoritarian Legalism, Julen Etxabe

All Faculty Publications

A new form of “autocratic legalism” (Scheppele) that relies on law rather than guns raises a serious challenge to democratic constitutionalism. While authors tend to focus on the “illiberal” challenge, this article is concerned with its jurisprudential dimension: what exactly is wrong with autocratic legalism? That is, to what extent does legalism, understood as the formalistic and one-sided instrumentalization of law, represent a hollowed-out, defective, and potentially harmful theory of law? And if legalism is such a theory of law, perhaps prone to authoritarianism, whence can we draw the resources to flesh out a “non-legalistic” and democratic conception of …

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

Is There Life In The Ruins? A Look At Post-Sveen Contract Clause Jurisprudence, James W. Ely, Jr.

Vanderbilt Law School Faculty Publications

Seven years ago, in Sveen v. Melin, the Supreme Court applied the prevailing multipart test and rejected a contract clause claim. The result was hardly a surprise. The Court has not invoked the contract clause to invalidate a state law in more than forty years. The decision broke no new ground and seemingly signaled that the Court was content with the current multipart test, one that appears calculated to uphold state regulatory authority rather than vindi- cate the rights of contracting parties. Justice Neil Gorsuch force- fully dissented in Sveen, insisting that the multifactor test "seems hard to square with …

The Regulatory Challenges Raised By The Evolution From Open Banking To Banking-As-A-Service, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

In May 2024, a company in California suddenly made headlines across the financial press. Synapse Financial Technologies, once hailed as a pioneer in the next wave of financial innovation, filed for bankruptcy. The company had promised to revolutionize banking by providing “Banking-as-a-Service” (BaaS): an invisible layer of technology that allowed apps to plug directly into the financial system.

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Fichte’S Conception Of Law And Its Foundations, Mahmoud Saraya

Theses and Dissertations

The question concerning the true nature of law has frequently arisen throughout the history of philosophy, and many different answers have been given to it. This thesis examines Johann Gottlieb Fichte’s Foundations of Natural Right (1796–1797), which exemplifies an approach to understanding the nature of law by inquiring into its metaphysical foundations. Fichte provides a conception of law founded upon the possibility of the existence of an external world, individuality, and intersubjectivity. Law, as a moment of human self-consciousness, becomes a necessity, a condition of self-consciousness, and the ultimate foundation of human existence. Fichte’s theory shows the preconditions for establishing …

(When) Can Trade Wars Be Good?, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

‘Trade wars are good, and easy to win,’ tweeted Donald Trump in 2018. The US–China trade war that followed proved otherwise – especially when confronting a major economic power. Yet, can trade wars ever be good? While the academic consensus holds they harm all participants, we argue that under certain circumstances they can produce positive outcomes. Set against the backdrop of the Liberation Day tariffs announced on April 2, 2025, this paper examines the limits of the Ricardian free trade model underpinning the current multilateral trading system, identifies when trade wars may serve strategic goals, and explores alternative rules to …

A Commitment Rule For Insolvency Forum: A Response To Critics, Anthony J. Casey, Aurelio Gurrea-Martinez, Robert K. Rasmussen

Research Collection Yong Pung How School Of Law

On September 14, 2023, we sent a letter to the Secretariat of the United Nations Commission on International Trade Law (“UNCITRAL”) Working Group V (Insolvency) expressing our concern about the concept of “Center of Main Interest” (“COMI”) adopted in the Model Law on Cross-Border Insolvency (“Model Law”).1 We noted that the concept of COMI presents various weaknesses.

Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …

Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Although the global movement towards abolition of the death penalty has been supported by an increasing number of countries in the world, the number of persons executed for drug offences actually increased in the last few years. Known executions for drug offences now account for more than 40 per cent of all global executions. Most such executions take place in Asia. Of the 34 countries in the world that still retain the death penalty for drug offenders, all nine of those identified as “high application states” (China, Indonesia, Iran, Kuwait, Malaysia, North Korea, Saudi Arabia, Singapore and Vietnam) are found …

Reimagining U.S. Tort Law For Deepfake Harms: Comparative Insights From China And Singapore, Huijuan Peng, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This Article explores how U.S. tort law can respond more effectively to the distinct harms posed by deepfakes, including reputational injury, identity appropriation, and emotional distress. Traditional tort doctrines, such as defamation, the right of publicity, and intentional infliction of emotional distress (IIED), remain fragmented and ill-suited to the speed, scale, and anonymity of deepfake dissemination. Using a comparative functionalist approach, the Article analyzes how China and Singapore respond to deepfake harms through structurally divergent but functionally instructive frameworks. China’s model combines codified personality rights with intermediary obligations under a civil law regime, while Singapore adopts a hybrid approach that …

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Predisposed: Race, Disability, And Death Investigations, Britney Wilson

Articles & Chapters

Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual’s cause of death. However, many death investigators have also cited these conditions in deaths caused by state violence or neglect. For example, a 2021 study found that medical examiners cited sickle cell trait, a gene mutation, as a cause or significant factor in the deaths of forty-seven Black people who died in police custody in the past twenty-five years. Sickle cell trait is a relatively common and benign trait disproportionately found in Black people in the United States. It is also distinct from …

A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …

Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao

Research Collection Yong Pung How School Of Law

Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …

How To Strengthen The International Competitiveness Of Capital Markets, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Global capital markets are undergoing profound transformation. Over the past decade, there has been a marked decline in Initial Public Offerings (IPOs) in most advanced economies, including those with highly developed capital markets such as the United Kingdom and the United States. Interestingly, during the same period, countries like Indonesia, Malaysia, Thailand, and particularly China have witnessed a significant increase in the number of listed companies, contributing to making Asia home to approximately 55 percent of all listed companies worldwide (OECD, 2025). Much of the decline in IPO activity in many advanced economies can be attributed to the expansion of …

Strengthening The International Competitiveness Of Capital Markets: Global Insights And Local Strategies, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Global capital markets are undergoing a profound transformation. Over the past decade, there has been a marked decline in Initial Public Offerings (IPOs) in most advanced economies, including those with highly developed capital markets such as the United Kingdom and the United States. Interestingly, during the same period, countries like Indonesia, Malaysia, Thailand and particularly China, have witnessed a significant increase in the number of listed companies, contributing to making Asia home to approximately 55% of all listed companies worldwide. The decline in IPO activity has prompted many countries and regions around the world, including the United Kingdom, the United …

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

No Trade Wars Without Taxation -Who's To Blame, And What Comes Next?, Domenico Imparato, Reuven S. Avi-Yonah, Doron Narotzki

Law & Economics Working Papers

As tariff policy once again shapes U.S. trade strategy, this article makes a foundational claim: trade wars are, at their core, tax wars. Against the backdrop of escalating economic tensions with the United States’ trade partners, this article argues that tariffs cannot be understood apart from the fiscal architecture that sustains them. What appears to be protectionism often masks deeper structural asymmetries in the U.S. tax system.

The discussion proceeds through three interrelated dimensions: reshoring production, promoting fair trade, and raising revenue. In each, the interaction between tariffs and the tax system reveals deeper distortions. U.S. export mechanisms such as …

Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff

Northwestern University Law Review

The Supreme Court recognized nearly half a century ago in Regents of the University of California v. Bakke that “the ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation of many peoples.” Nevertheless, the Court seriously undercut efforts to bring such a future to life by striking down race-conscious admissions programs in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA). Though SFFA’s binding effect is limited to educational institutions, …

Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Prophetic law is an ancient legal framework rooted in divine commandments, such as God's Ten Commandments to Moses, as well as Christian and Islamic laws, nowadays commonly referred to as religious law. The meaning of prophetic law is religious law from Abrahamic religions. Particularly, Christian law has significantly influenced Western civilization, with its impact extending to regions like South Africa besides customary law. Similarly, Islamic law has also left a lasting impression on Indonesia's legal system besides customary law. This article employs a comparative law method to analyze the constitutions of Indonesia and South Africa, focusing on the legalization of …

Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?, Enni Ekakusumawati, Abdul Masba Magasing, Maskun, Winnar Sitorus, Muhammad Mutawalli Mukhlis

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Trade restrictions are tools that countries often use to safeguard national interests, including economic stability, national security, and public welfare. However, under the World Trade Organization (WTO) framework-especially the General Agreement on Tariffs and Trade (GATT)-many such restrictions violate core principles such as non-discrimination (Articles I and III), the prohibition of quantitative restrictions (Article XI), and rules governing exceptions (Articles XX and XXI). This article examines why trade restrictions frequently fail in WTO dispute settlement by analyzing the substantive and procedural requirements under WTO law. Through a normative legal approach, it studies GATT provisions, WTO agreements, and case decisions-particularly the …

Mechanisms For Settlement Of Disputes Through Judicial Means In The World Trade Organization, Ahmad Al-Sharqawi, Omar Emar

Jordan Journal of Applied Science-Humanities Series

This study aimed to outline the main features of the judicial dispute settlement mechanism as a “global” procedure applicable to all World Trade Organization (WTO) members, particularly after the failure of the dispute settlement system under the General Agreement on Tariffs and Trade (GATT). The mechanism involves consultations, the Dispute Settlement Body (2000), arbitration, and the Appellate Body. It is designed as the primary method for resolving disputes between member states, emphasizing a collective approach rather than unilateral action closer to a judicial settlement. The study analyzes ambiguities surrounding the judicial dispute settlement mechanisms in the WTO, as governed by …

The Change The Ncaa Does Not Know It Needs: A Promotion/Relegation Structure For College Football, Jack Noonan

Denver Sports & Entertainment Law Journal

After each college football season, the talking heads debate which team missed out on the College Football Playoffs. Each year it is a different school who everyone says should have made the playoffs. There are a multitude of reasons for or against each team every year, but the main point remains that the NCAA will always have this problem on their hands. This article proposes the solution of a promotion/relegation style structure which will completely change the dynamic of the conference layout. It will give an opportunity to the best teams outside of the 'Power 5' or FBS to make …

Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian

Denver Sports & Entertainment Law Journal

The article will examine what it means “to win” in today’s university sporting world and what the prize to be won is. In examining how the meaning of winning has changed over time, the article will look particularly at some of the indirect or hidden costs of achieving athletic excellence in today’s highly competitive college sports. Ultimately, this article poses and attempts to answer the question: at what point does the cost to student athletes’ health and safety become too high to justify the prize of “winning”?

A Remedy For A Distressing Situation: Discrimination Against Children With Disabilities In Public Education, Joshua P. Sarsfield

San Diego Law Review

This Comment will focus on answering [the] question: are emotional distress damages available under the ADA? First, Part II of this Comment reviews the history of statutes addressing students with disabilities and explore the unavailable remedies when schools fail to uphold their responsibilities under the IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504), and the ADA. Next, Part III argues that emotional distress damages are available under the ADA, based on the statute’s historical origin. Then, Part IV proposes several different solutions for emotional distress damages and suggest a framework for circumstances in which a claimant may …

Hydrosocial Ocean Commons: Offshore Wind Energy In Oregon, Bryce Ashlyn Sprauer

Dissertations and Theses

The ocean has been culturally and legally conceptualized as a commons, a space of subsistence inherited by all. Enclosure or privatization creates overlapping jurisdictions of ocean space. The ocean is also the world's most significant carbon capture, absorbing billions of tons of anthropogenic carbon dioxide since the Industrial Revolution. Now, the ocean offers an additional opportunity to decarbonize energy production and reduce greenhouse gas emissions through 'new frontiers' of offshore wind technology; however, this potential is entangled within neoliberalism. Offshore wind is entering a fragmented legal landscape where the social-legal process of ocean jurisdiction remains contested. As the "new frontier" …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

The State Of The Unions 2025: A Profile Of Organized Labor In New York City, New York State, And The United States, Ruth Milkman, Joseph Van Der Naald

Publications and Research

Organized labor has taken center stage in the 2020s, with workers leading successful organizing drives at Amazon, Starbucks, Apple, and across a range of industries from health care to higher education. Public approval of unions has reached its highest level in decades, and a new generation of workers is stepping forward as leaders in the movement. The State of the Unions 2025 provides the most comprehensive profile of organized labor in New York City, New York State, and the United States, highlighting where unions are growing, who is leading the charge, and how labor is shaping the future of work …