Digital Commons Network^™

Bioethics Of Patents And Licensing, Tabrez Y. Ebrahim

North Carolina Journal of Law & Technology

No abstract provided.

Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag

Brigham Young University Prelaw Review

Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Law School Record, Vol. 71, No. 2 (Spring 2025), Law School Record Editors

Law School Record

• Message from the Dean
• Law School Celebrates Ten Cohorts of Rubenstein Scholars
• Criminal and Juvenile Justice Clinic Secures Commutations for Clients
• A Glimpse Into the Rare Book Collection of the D’Angelo Law Library
• With Chevron Deference Ended, What Happens Next?
• Building on Our Strengths
• Three State AG's: One Law School
• Theory in Practice
• Professor Curtis Bradley Discusses his New Book: The Unwritten Constitution of Foreign Affairs
• A Compilation of Other Recently Published Books by Faculty
• Professor Emeritus Bill Landes Reflects on Fifty Years of Teaching
• International Law Programs and Global Perspectives: Two Students Share Their Experiences
• Development News
• Two Alumni …

Dangerous Digital Standing: Applying Spokeo And Transunion To Online Privacy Harms, Michael E. Ten Eyck

Vanderbilt Journal of Entertainment & Technology Law

In recent years, the California Invasion of Privacy Act (CIPA) has been used to sue website-holding companies for utilizing chat bots that record online conversations. Such claims have already generated high-profile class actions and multidistrict litigations, with many more expected. Because CIPA violations often occur writ large when websites retain data from their chat boxes, and the statute imposes relatively high damages, there exists an incentive for plaintiffs’ attorneys to seek out aggregated claims, generating time-consuming litigation. Meanwhile, the harms suffered by those bringing suit fall under the category of intangible privacy harms. The US Court of Appeals for the …

Art As The Prosecutor's Weapon: The Use Of Rap Lyrics Evidence At Trial, Mikah K. Thompson, Sierra Raheem

Faculty Works

Are rap lyrics worthy of the same protections that other forms of creative expression enjoy, or is there something inherent to rap lyrics that renders them autobiographical, confessional, and reflective of the author’s true intentions and desires? This Article will attempt to answer that question. In doing so, the authors will take the reader on a voyage through a history that is not widely known among the attorneys, judges, expert witnesses, and jurors who are frequently called upon to interpret the art form known as Hip Hop.

This journey requires an exploration of our country’s history of chattel slavery, for …

The Impact Of The National Teacher Shortage On The Right To An Adequate Education, Anslee Wood

The Journal of Law and Education

No abstract provided.

The Law Of Heredity -- Whistelo, Whiteness And Whales, Walter J. Walsh

William & Mary Journal of Race, Gender, and Social Justice

This Article reveals the impact of an early New York case upon science and law, raising questions about heredity that spurred evidentiary progress from maternal imagination to visual resemblance, and later from blood groups to DNA paternity testing. In the Jeffersonian republic, a dark-skinned man was charged with reputedly fathering the infant daughter of a mixed-race woman. However, to most witnesses this light-skinned child appeared to be the offspring of a White man. The trial of Commissioners of the Alms-House, vs Alexander Whistelo, a Black man, being a Remarkable Case of Bastardy (1808) became a cause célèbre in both law …

Gender Apartheid Under The Taliban: Key Elements Of An Ideology Designed To Disempower Afghan Women, Ilias Bantekas, Asiya Karimi

William & Mary Journal of Race, Gender, and Social Justice

Despite its frequent use since 2021, the notion of ‘gender apartheid’ is misconceived in terms of existing international law. The type of abhorrent policies pursued by the Taliban regime against women and girls is best conceived as gender-based persecution. Even so, there is no reason why a new and distinct international crime of gender discrimination cannot be established through soft law, domestic law, or treaty-making in order to preserve the plight of women and girls around the world who are subjected to collective discriminatory practices that deny them fundamental human rights. The crime would arise where the discriminatory practices in …

The Waiting Is The Hardest Part: The Constitutionality Of Firearm Waiting Periods, F. Lee Francis

Dickinson Law Review (2017-Present)

This Article examines the constitutionality of firearm waiting period laws through the lens of the Supreme Court’s evolving Second Amendment jurisprudence. Although such laws are frequently defended as prudent public safety measures, their validity turns not on legislative purpose but on constitutional principle, particularly as framed in District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen.

Under those decisions, the scope of the Second Amendment is determined not by judicial balancing of contemporary interests, but by reference to the Nation’s historical tradition of firearm regulation. The Article surveys that tradition and finds no …

When Rights Require Permission: The Discriminatory History Of Licensing Laws For Firearm Possession, Bob Barr, Joseph G.S. Greenlee

Dickinson Law Review (2017-Present)

No abstract provided.

The Wrongly Read Right: Insurrection And The Second Amendment Right To Bear Arms, Aman Mcleod, Jacob M. Jones

Dickinson Law Review (2017-Present)

Several judges and scholars have interpreted the Second Amendment as creating a right to bear arms to facilitate armed resistance against the government whenever it threatens to impose tyranny. These arguments have been made in books, scholarly articles, and court decisions. Many of the proponents of the pro-armed insurrection interpretation of the Second Amendment root this point of view in the history of the right to bear arms in the Anglo-American legal tradition. This Article argues that the Second Amendment does not create a right to bear arms to resist government authority because such a right is inconsistent with several …

Big Business As Gun Control, David B. Kopel, George A. Mocsary, Bhav Ninder Singh

Dickinson Law Review (2017-Present)

Gun control increasingly bypasses direct legislative enactments by co-opting the commercial marketplace. Financial institutions and insurers often face regulatory pressures, frequently articulated through vague notions of “reputational risk,” to terminate or restrict services for lawful firearms businesses and advocacy groups. The debanking tactic, seen in initiatives such as Operation Choke Point, can deny essential financial products to firearm owners, merchants, and organizations, curtailing the practical exercise of constitutionally protected rights. Simultaneously, government agencies sometimes pursue warrantless data collection from bank records and merchant category codes, building profiles of lawful purchasers and eroding privacy and due-process norms.

Social media platforms compound …

Dangerous And Unusual: How Heller’S Ahistorical Assumption Violates The Founders’ Original Intent, Oliver Krawczyk, Gilbert Ambler

Dickinson Law Review (2017-Present)

When the U.S. Supreme Court ended its generational silence on the Second Amendment in District of Columbia v. Heller, the Court held that “a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society” is “invalid.” In so holding, the Court suggested that the Constitution protects only those weapons “in common use at the time,” a limitation thought to be “fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’” The Court defined none of these terms then, and it has not since.

Over a decade of constitutional infidelity ensued. …

The Misfortune Of Attending School While Black In A Fifth Circuit State, Shelley Ward Bennett

Washington and Lee Law Review

Tens of thousands of children, including disproportionate numbers of Black children, are hit in school every year. More than 50 percent of these students live in the Fifth Circuit states of Mississippi, Louisiana, and Texas. Decades of government data, including the Department of Education’s most recent reports, reveal that Black students receive alarmingly inequitable rates of corporal punishment, demonstrating this education practice to be a legal form of institutionalized racism.

This Article uniquely focuses on the archaic discipline practice’s effects on Black students in Fifth Circuit states. Fifth Circuit law addressing students’ rights in corporal punishment cases has developed into …

Protecting Portraits And Painters: How Chapter 258 Could Finally Fix The Right To Publicity In The Age Of Ai, Jordan Fortunati

University of the Pacific Law Review

No abstract provided.

The Impact Of Attacks On Corporate Dei On African Americans, Cheryl L. Wade

University of the Pacific Law Review

No abstract provided.

Settled Enough: Immigration Status And Child Settlement Under The Hague Convention, Sara Hingson-Rodriguez

Mercer Law Review

Hearing the term “child abductor” paints a shadowy figure within the mind, immediately invoking disdain and revulsion. But when the perpetrator is one of the parents, the shadow dissipates, and complications arise. These complications turn thorny when the parent absconds with the child to another country entirely, leaving behind the child’s old life—including the remaining parent. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) established procedures to ensure that children who were wrongfully removed from their habitual residence to foreign countries could be promptly returned.

In Figueredo v. Rojas, the United States Court of …

Drawing Lines In The Sand: Armed Conflict, Climate Damage And Setbacks To Climate Action, Beatrice L. Hamilton

Michigan Journal of Environmental & Administrative Law

Armed conflicts have a significant and detrimental effect on the climate system, with considerable implications for efforts to mitigate and adapt to climate change and the civilian population. Yet the environmental provisions under the law of armed conflict (LOAC), drafted some half a century ago, struggle to adequately address these concerns. This article assesses the capacity of LOAC to address conflict-driven climate damage and its cascading impacts by characterizing these harms as environmental damage and as injury to civilians. The analysis highlights opportunities for broadening LOA C's scope and offers recommendations to enhance its capacity to address climate damage and …

The Modern-Day Discovery Doctrine: Reforming Property Law's "Productive Use" Doctrine For The Age Of Climate Change, Shanthi M. Chackalackal

Michigan Journal of Environmental & Administrative Law

When European settlers first colonized the Americas, claiming Native land as their own, they largely believed their actions to be justified. To Europeans, property rights over land emanated from putting one's labor into that land, "improving" it by removing it from a state of nature. Absent such ''productive use," land had not been claimed and was therefore ripe for the taking. Yet while Native Americans had labored significantly and fundamentally shaped the land around them, European settlers deemed the Americas to be in a state of nature. Such attitudes towards Native American labor and property rights reveal a strikingly limited …

Real Money On Virtual Games: The History And Potential Ways Forward For Esports Gambling Regulation, Roger Davis-Jahnel

The International Law Review Association Student Forum

Electronic sports, “esports,” is a rapidly growing industry throughout the world. The global gaming market was valued to be worth approximately 221.24 billion USD in 2024 and is expected to reach 424.23 billion USD by 2033. It is expected that as technology continues to improve and there are less barriers to access gaming, such as cloud gaming which allows players to access games without expensive hardware, the market for games will continue to grow. In addition to technological advancements, investments the esports industry, such as teams, media rights, and sponsorship deals are expected to help drive growth in the gaming …

Changemakers : Jeremey Love And Samantha Armstrong : Juris Doctorate : Defending Dreams In Challenging Times, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Gold & Blue Law Edition, Spring 2025, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Spring 2025 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Rulemaking Behind Closed Doors: Governor Abbott’S Secret Rulemaking. Worse Yet, All State Agencies Are Colluding With The Governor, Ronald Beal

SMU Law Review Forum

In 2019, the Texas Legislature granted the Governor new powers to review the rulemaking process for certain state agencies. Since then, the Governor has apparently extended this authority of review over the rulemaking process to more agencies than he was authorized to. Some journalists and scholars, including this Author, have attempted to access the proposals and comments submitted to the rulemaking process by the Governor’s Office—and yet the records are withheld by the Texas Attorney General under claimed exceptions to the Texas Public Information Act. Despite the Attorney General’s claims, this Author and others maintain that any records of these …

The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo

Research Collection Yong Pung How School Of Law

This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.

Riding On Horseback To The Moon: Consent Searches In The Age Of Smartphones And Digital Tracking, Jonathan Kerr

Washington and Lee Law Review

In 2014, when the Supreme Court ruled in Riley v. California that police must get a warrant before conducting a search of a cell phone, Chief Justice John Roberts described comparing a search of data on a cell phone to a search of other physical items as “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” A decade later, an overwhelming majority of Americans carry cell phones that contain an ever-expanding set of data showing their habits, routines, and the minutiae of their everyday lives, offering a potential wealth of information to law enforcement …

Algorithmic Bias: Ai And The Challenge Of Modern Employment Practices, Jordan Dailey

UC Law Business Journal

No abstract provided.

Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss

Michigan Law Review

A review of Chain-Gang All-Stars. By Nana Kwame Adjei-Brenyah.

Constitutional Iconoclasm, Andrew J. Lanham

Michigan Law Review

A review of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them. By Aziz Rana.

Nanaboozhoo Died For Your Sins, Matthew L.M. Fletcher

Michigan Law Review

A review of Custer Died for Your Sins: An Indian Manifesto By Vine Deloria, Jr.