Digital Commons Network^™

Caught In The Content Tornado: How To Protect Violent-Crime Trials From The Prejudicial Effects Of Live Streaming, Katie Grace Frisbee

Duke Law Journal

With the rise of social media use and true-crime consumption postpandemic, this Note argues that current court practices regarding cameras in the courtroom are insufficient to protect a defendant’s right to a fair trial. This Note focuses on the impact of live streaming violent-crime trials on social media and its consequences—specifically, the “content tornado” that it creates. The content tornado, a concept this Note introduces, refers to the whirlwind of fact, fiction, and opinion that emerges when violent-crime trials are live streamed on social media. This concept describes how live streamed trials generate emotional and moralized content that gets amplified …

Alumni Updates - Winter 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

This Winter 2025 Alumni Updates highlights recent professional achievements of Cardozo Law graduates, including promotions to partner and counsel, executive appointments, prestigious awards, notable publications, and creative accomplishments across law, government, business, and the arts.

Access To Algorithmic Justice: Defending A Right To Expert Assistance For Indigent Defendants, Meghna Melkote, Madhavi Nambiar

Duke Law Journal Online

No abstract provided.

To Save Democracy From Juristocracy: J.B. Thayer And Congressional Power After The Civil War, Samuel Moyn, Rephael G. Stern

Faculty Scholarship

As many Americans once again worry that their democracy is hostage to judicial power, this Article is an archival reconstruction of how famed Harvard law professor James Bradley Thayer set out on a mission to stave off the syndrome before it stuck—though he failed in the end.

The Article shows how Thayer (1831–1902) arrived at his epoch-making theory of judicial deference to safeguard Congress’s power after the democratic revolutions of the Civil War and Reconstruction. Indeed, he hoped to see America transformed in the direction of British legislative supremacy, in which Parliament—and not the courts—reigned supreme. Scandalized by growing ventures …

The Need For Antiracist Education Amid Trends Toward Totalitarianism And A Constitutional Crisis, Julnasha Morehead

DePaul Journal for Social Justice

No abstract provided.

The Case For Prison Education Reform, Natasha Yousefi

DePaul Journal for Social Justice

No abstract provided.

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Blue Brief 2024-2025, University Of San Diego School Of Law

Blue Brief

A USD School of Law faculty review of selected rulings from the most recent Term of the United States Supreme Court.

Word, Words, Words Books, Libraries, And The Law,, Leila Amineddoleh

Chapman Law Review

This Article explores the cultural, historical, and legal significance of books and manuscripts, emphasizing their vulnerability to theft, destruction, and neglect throughout history. From ancient Mesopotamian cuneiform tablets to modern libraries, written materials have functioned not only as vessels of knowledge but also as cultural heritage objects subject to political, religious, and economic targeting. The Article traces the development of manuscripts, the emergence of libraries, and the long history of censorship, biblioclasm, and wartime looting. It highlights the legal challenges surrounding the restitution of stolen manuscripts and rare books, examining case studies involving institutions such as Princeton University, the Getty …

Turnabout Is Foul Play: Sovereign Immunity And Cultural Property Claims, Nicholas M. O'Donnell

Chapman Law Review

In 1976, Congress enacted the Foreign Sovereign Immunities Act, 28 U.S.C. § 1601, et seq., to establish the circumstances under which foreign states and their instrumentalities are subject to suit in United States courts. Under the Act, a foreign state is immune from suit unless an enumerated exception applies. Of these exceptions, the “expropriation exception” of section 1605(a)(3) was invoked for various claims to looted or dispossessed cultural property. Most frequent of all were claims arising out of Nazi-era transfers and thefts, a dispossession of art in particular that Congress (unanimously) in 2016 labeled the “greatest displacement of art in …

Armenian Genocide Looted Art And The Story Of The Armenian Genocide Restitution Movement: A Tribute, Armen Manuk-Khaloyan, Michael Bazyler, Kathryn Lee Boyd

Chapman Law Review

This Article explores the emergence and development of the Armenian Genocide Restitution Movement and its founder, Vartkes Yeghiayan, with particular focus on legal efforts to recover looted cultural and private property. Drawing on case law, historical research, and interdisciplinary analysis, the authors examine how U.S. courts have been used to pursue redress for mass atrocity crimes, including lawsuits against insurance companies, corporations, and sovereign entities. Central to the discussion is the Zeytun Gospels case, the first major attempt to reclaim art looted during the Armenian Genocide, which highlights the complex interplay of law, history, and cultural identity in restitution efforts. …

Dignity In Detention: Addressing Gynecological Healthcare Needs Of People Detained By U.S. Immigration Authorities, Glykeria Teji, Esq., Shira Wisotsky, Esq.

Annals of Health Law and Life Sciences

People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no immediate abolition of immigrant detention facilities, how international human law principles can and should guide a reimagining of the system. We also propose interim steps that U.S. authorities can take to protect access to basic and needed gynecological care for the people that they detain. Beginning with an overview of immigration detention as …

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Although competency to stand trial holds a vaunted position among the due-process rights in our criminal justice system, its current application is a mere shadow of the original promise articulated in Dusky v. United States. The competency-to-stand-trial requirement is supposed to protect the mentally ill and the mentally impaired from criminal trial, but the requirement has been continually chipped away, both doctrinally and practically. As a result, it no longer protects the most vulnerable. People with dementia, most often elderly with cognitive impairments, face a perilous ordeal when caught in the criminal justice system. And, as dementia rates increase, more …

Policing As General Warrants, Warren Buff, Brandon Hasbrouck

Scholarly Articles

The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst abuses they had experienced under English rule. Prominent businessmen—many of them engaged in smuggling— found their homes ransacked in search of contraband on flimsy evidence and without any reason given for the disruption of their business and consequent enrichment of government agents. The Fourth Amendment addressed the use of general warrants and writs of assistance to allow government agents to conduct broad searches with limited scrutiny. In the early years of the Constitution, this had little practical effect, because public …

“Fly Me To The Moon . . . & Back”: The Intricate Interplay Between Copyright Law And Space Law, Marco Franzoso

Fordham Intellectual Property, Media and Entertainment Law Journal

This research focuses on the intricate interplay between two branches of law: copyright and space law. Through various scenarios, some real and some hypothetical, it underlines the inefficacy of the terrestrial copyright principle, namely the lex loci protection, when applied to outer space endeavors. In outer space, the law where the infringement arises is useful only when the jurisdiction is clear, which is on board of registered space objects; however, that is not even the case for all space objects. On board poli-jurisdictional entities, such as the ISS, the lex loci protectionis fails to provide a clear legal framework, at …

Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Matt Blaszczyk

Fellow, Adjunct, Lecturer, and Research Scholar Works

This is a response to Jessica Silbey’s article, A Matter of Facts: The Evolution of the Copyright Fact-exclusion and Its Implications for Disinformation and Democracy, which appeared in Volume 70(3) of the Journal of the Copyright Society.

A Cartwithout A Mule: Comparing Solutions To Heirs Property And Other Real Property Issues Across Legal Systems In The Americas

Florida A & M University Law Review

This Article will examine historical real property issues in two legal systems in the Americas—Saint Lucia and Colombia—and draw comparisons to the heirs property plight in the United States. From this analysis, the Article will conclude that the United States must heed the lessons learned from the real property reforms of other legal systems and take more concerted and vigorous steps if the injustices of heirs property are to ever be truly resolved.

A Cart Without Amule:Comparing Solutions To Heirs Property And Other Real Property Issues Across Legal Systems In The Americas

Florida A & M University Law Review

This Article will examine historical real property issues in two legal systems in the Americas—Saint Lucia and Colombia—and draw comparisons to the heirs property plight in the United States. From this analysis, the Article will conclude that the United States must heed the lessons learned from the real property reforms of other legal systems and take more concerted and vigorous steps if the injustices of heirs property are to ever be truly resolved.

Fulfilling Plyler's Promise: Undocumented Students' Access To Education, René J. Valenzuela

Children's Legal Rights Journal

No abstract provided.

The Big Cost Of Small Farms, Tammi S. Etheridge

Scholarly Articles

Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat is so ingrained in our culture that, historically, small increases in meat prices have driven the populace to riot. Today, meat prices are rising. Simultaneously, the largest meat processors and packagers are seeing record profits. Consumers, in turn, are outraged. Their emotions are being fueled by politicians who blame rising profits on a pandemic of greed and collusion and then argue that rigid antitrust enforcement is the only solution.

This …

The Great War (Taylor's Version): Examining The New Era Of Recording Artists & Master Recording Ownership, Victoria B. Villanueva

Journal of Legislation

In 2019, Taylor Swift took to social media to voice her unease with the recent sale of her entire master recording catalogue to Ithaca Holdings, a sale that allegedly occurred without her explicit permission. Following a series of negotiations, holdouts, and ultimate deadlock, Swift made the critical and costly decision to re-record and re-release each of those six albums under her sole ownership in an effort to reclaim them as her own work—re-recordings publicly denoted by “Taylor’s Version”. This highly-publicized feud brought to the public’s attention a decades-long conflict between the recording artist and the recording company, one that has …

Stigma And Isolation: The Lived Experiences Of Male Sexual Assault Survivors In College, Vanessa Vela

Theses and Dissertations--Family Sciences

Male sexual assault survivors on college campuses face barriers to disclosure, support, and recovery due to stigma, societal expectations of masculinity, and inadequate institutional resources. This hermeneutic phenomenological study explored the lived experiences of six male survivors of sexual assault enrolled in college, focusing on their perceptions of sexual violence before and after their assault, the psychological burden of disclosure, and their experiences with available support systems. Participants described challenges including rape myths, feelings of isolation, fear of emasculation, and limited access to gender-inclusive resources. While online communities provided some support, institutional services often failed to meet their needs due …

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …

And I'M Pleading Out: The Need For A Higher Standard On Padilla Claims, Michael Russo

Hofstra Law Student Works

No abstract provided.

Children As Informers And Denouncers, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Mark A. Drumbl, Barbora Holá

Books and Chapters

This chapter explores the use of children in propaganda and informing networks as forms of violence. While this chapter nests in 20th- century Communism in the Soviet Union and Czechoslovakia, the interface of children with these networks is not unique to these times and places. Indeed, these experiences link to those elsewhere, thereby elucidating the dually manipulated and agentic role of children in a regime’s fight for legitimacy and thereby blending with a number of contributions to this volume including those by Mohamed Kamara and Sylvie Bodineau. The point of this chapter is not to particularise (or pathologise) Soviet and …

Medicare Mandates For Shared Decision Making With Patient Decision Aids: Linking Payment To Preference, Thaddeus Mason Pope, Jd, Phd

Annals of Health Law and Life Sciences

Since 2015, the Centers for Medicare and Medicaid Services (CMS) has increasingly required shared decision making with evidence-based patient decision aids as an essential Medicare condition for payment. CMS is doing this because it recognizes that most healthcare is preference sensitive and value laden. So, whether treatment is “right” or “beneficial” for a patient is not only a matter of clinical expertise. It equally depends on the patient’s values, preferences, and goals. So, CMS wants to ensure that patients understand the risks, benefits, and alternatives to the healthcare that they receive and for which CMS pays. In short, under its …

Title 18’S Property Conundrum, Karen E. Woody, Joshua L. Clardy

Scholarly Articles

“Property,” in legal terms, carries significant weight. Once an object is heralded as “property,” that object becomes a step closer to being afforded the protections of the Constitution, offered equitable remedies at a court’s disposal, or even subjected to taxation by the state or federal government. Defining an object as “property” also puts it within the reach of the Title 18 property fraud statutes. Title 18’s fraud statutes have been often lauded by federal prosecutors for their “extraordinary utility.” In their current iteration, these statutes criminalize schemes to defraud “money,” “property,” and “the intangible right of honest services.” But what …

Navahine V. Hawai'i Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Scholarly Articles

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

2025-2026 Factbook, Tennessee. General Assembly

Factbook

This Fact Book provides an overview of the state's budget for the fiscal year.

The Meaning Of Life, In Michigan: Mercy From Life Sentences Under The State Constitution, Molly Bernstein, David Shapiro

JCLC Online

Properly understood, the “cruel or unusual” punishment clause of the Michigan Constitution grants every person sentenced to life in prison a meaningful right to obtain release through rehabilitation. Today, however, Michigan has among the nation’s largest populations of people serving both formal and de facto life sentences without any meaningful possibility of release.

In 1850, Michigan revised its state constitution to prohibit “cruel or unusual punishment,” creating a contrast with the conjunctive “cruel and unusual punishments” clause of the federal Eighth Amendment. This disjunctive prohibition, which subsequent Michigan constitutional conventions retained, prohibits both “cruel” sentences and “unusual” sentences. We argue …