Digital Commons Network^™

Teaching Telemachus: Learning To Live And Lead In A Flawed World, Sherman J. Clark

Michigan Law Review

A review of The Odyssey By Homer. Translated by Emily Wilson.

Addressing The Stale Line Of Sports-Betting Behavior: Examining The Economic Shortfalls And Tax Solutions In Legalizing Sports Betting, Peyton Rameas

Vanderbilt Journal of Entertainment & Technology Law

Sports betting is a form of gambling that does not suffer from the same negative social stigma as casino gambling despite its equally addictive properties and damaging impact on household consumption. While sports betting was previously banned in most of the United States, following the Murphy v. National Collegiate Athletic Association decision, which empowered states to regulate sports betting within their borders, a wave of states that previously banned all forms of sports betting legalized the practice. Unsurprisingly, this rapid legalization of sports betting was accompanied by a flurry of statewide regulations, leading to disparate consumer protection across the states. …

When The Purse Strings Paint The Picture: Executive Overreach And Censorship In Federal Arts Funding, Megan Brown

Vanderbilt Journal of Entertainment & Technology Law

For decades, the National Endowment for the Arts (NEA) has been tasked with distributing federal funds to museums, galleries, and artists to promote visual artwork for its meritorious qualities and cultural impact. However, the NEA’s role as both a patron and regulator of visual artwork has placed it at the center of a balancing act—funding creative expression that often displays controversial themes, while facing political pressure to define what is a worthy investment of taxpayer dollars. This conversation continues in light of recent executive orders: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and “Ending Radical and Wasteful Government DEI Programs …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

J Mich Dent Assoc June 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The June 2026 (Volume 108, No. 6) issue of the Journal is published in digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The June 2026 issue of the Journal of the Michigan Dental Association provides association updates, legal advice, and clinical …

Some Realism About Constitutional Remedies, Thomas P. Schmidt, Gillian E. Metzger

Faculty Scholarship

The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the Constitution assigns certain powers. In Trump v. Hawaii,  for example, the Supreme Court upheld President Trump’s infamous travel ban by focusing not on the “particular President” and his past call for a “complete shutdown of Muslims entering the United States,” but rather on “the authority of the Presidency itself.” That is the language of institutional formalism.

Realism, on the other hand, peers into the “black …

Dementia, Advance Directives, And Second-Order Volitions, Rand Hirmiz

Research Collection School of Social Sciences

This paper contributes to the ongoing debate over the authority of advance directives in cases where patients with dementia express desires that conflict with their earlier wishes. Drawing on Harry Frankfurt’s concept of second-order volitions, I argue that the preferences of the pre-dementia self (the “then-self”) should, in most cases, take precedence over those of the post-dementia self (the “now-self”) –  particularly in instances where the now-self has lost the capacity to form second-order volitions and is no longer able to meaningfully repudiate prior values and commitments.

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits, result in harm to patients from allegedly negligent acts or omissions by hospitals and medical doctors. In such circumstances, how should the principles in the tort of negligence (duty of care, breach, causation, remoteness of damage, and defences) respond to AI innovations in healthcare? In particular, how may the standard of care expected of hospitals and medical doctors be informed by regulatory guidelines? We refer to case law precedents and regulatory guidelines on the roles and responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt …

International Advice, Mature Democracies And The Venice Commission, Maartje De Visser

Research Collection Yong Pung How School Of Law

The aim of this article is to explore the role and practice of constitutional advice-giving as it relates to mature democracies. More precisely, this article considers how the Venice Commission – the official advisory body for constitutional matters of the Council of Europe – exercises its mandate vis-à-vis such democracies through the delivery of country-specific Opinions, based on a close reading of all such Opinions rendered between 2002 and 2024. It examines the substantive focus of those Opinions, the way they engage with constitutional experiences elsewhere, as well as the tone of the assessment and the approach taken in formulating …

Social Exclusion Cues And Collective Action Motivation In Environmental Campaigns: The Buffering Role Of Social Support, Hwan-Ho Noh, Warren B. Chik

Research Collection Yong Pung How School Of Law

This study examines the influence of social exclusion cues on public engagement with environmental campaigns on social media, focusing on how such cues affect advertising attitudes and collective action motivation. Across two experimental studies, we investigated whether low engagement metrics, such as a small number of likes, function as symbolic exclusion cues that reduce perceived public support. The results indicate that social exclusion cues negatively affect advertising attitudes and collective action motivation, ultimately decreasing the intention to engage with the campaign. However, the presence of social support cues, which signal sustained public interest and social endorsement, effectively mitigated these negative …

Jazz V. Law: An Overview Of Copyright Law For Jazz Musicians, Trevor Thompson

University Honors Theses

The United States copyright system has become increasingly complicated and has developed a bias toward written, notated mediums over performance mediums. This bias can be traced from the Statute of Anne through the modern system under the Copyright Act of 1976, and it directly affects jazz musicians' ability to comply with copyright laws and properly receive royalties for their work. This study traces the evolution of copyright law from 1710 to the present, noting important cases such as White-Smith Music Pub. Co. v. Apollo Co., McIntyre v. Double-A Music Corporation, and Tempo Music, Inc. v. Famous Music Corp. …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow

Journal of Intellectual Property Law

Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …

Salt In The Public Wound: The Public Trust Doctrine And The Great Salt Lake, Shoshana Grossman

Public Land & Resources Law Review

This paper analyzes how the Utah PTD applies to the non- navigable tributaries that affect the GSL, and whether Utah must consider the PTD in water rights management. Section I explains the GSL case, outlining the issues, the Physicians’ claims, and Judge Scott’s order. Section II outlines the PTD in Utah. Section III first compares the GSL to other decisions applying the PTD to non-navigable water resources and water rights. Section III then assesses whether Utah’s PTD applies to non-navigable tributaries that affect navigable resources like the GSL, and what that may mean for water allocation in Utah. The paper …

"In Keeping With The Constitution’S Original Design": History And Tradition In Federal Indian Law, Meghanlata Gupta

Public Land & Resources Law Review

This Article examines the Supreme Court’s use of history and tradition in federal Indian law. In recent years, the Court has increasingly relied on Founding-era practices and historical traditions to determine constitutional meaning in areas such as firearm regulation, substantive due process, and religious liberty. At the same time, while the Founding-era record contains substantial evidence that Native nations were understood and treated as independent, sovereign political communities, this evidence has not yet been fully incorporated into the Supreme Court’s Indian law jurisprudence. Examining decisions from Oliphant to Castro-Huerta, this Article describes the Court’s approaches to historical analysis in Indian …

Tradition And Discretion, Jonathan Green

Florida Law Review

Professor Sherif Girgis’s Dunwody Lecture argues that today’s originalists face a choice between two irreconcilable goals: constraining judges’ moral or policymaking discretion and adhering to the Constitution’s original meaning. In the academy, they’ve generally opted to sacrifice judicial constraint for the sake of fidelity to original law. But the Supreme Court’s originalists are far less comfortable with that move. Where the Constitution’s original meaning is underdetermined, or seems to invite discretionary judgment calls, they’ve looked for other non-originalist tools to tie their hands. According to Girgis, that explains why the Court is increasingly using “tradition,” rather than normative balancing tests, …

Equity's Bruen Moment: Trump V. Casa And Lessons For The Future Of History And Tradition, Jacob D. Charles

Florida Law Review

In Trump v. CASA, the Supreme Court expounded on and applied a methodological framework that mimics the test the Court has recently begun deploying in Second Amendment and other individual rights cases. That test has three primary components: (1) search for historical analogues; (2) apply historical principles; and (3) abjure contemporary concerns that can be labeled “policy” considerations. Bruen’s echoes in CASA are noticeable and telling. So too are the lessons that CASA can teach about how the Court’s approach to history and tradition is continuing to develop.

This Article analyzes CASA as a window into the Court’s …

Bridging The Justice Gap: A Comparative Study Of Legal Aid Marketing In Canada, Australia, And The United States, Farah O. Haq

Student Theses and Dissertations

Access to justice remains a central challenge across legal systems, particularly for immigrants and refugees, Indigenous communities, and survivors of domestic violence. While legal aid organizations play a critical role in bridging this gap, their effectiveness increasingly depends on how clearly and compassionately they communicate legal information online to their target audience. This thesis conducts a comparative content analysis of nine nonprofit legal aid organizations in the United States, Canada, and Australia, three countries united by a common law tradition but divided by the communication barriers their communities face, examining 180 social media posts and nine websites through the lens …

Originalisms' Indifferences?: Friendly Amendments To Professor Girgis's "Originalism's Difference?", Jed Handelsman Shugerman

Florida Law Review

In this Essay, the author begins by summarizing their many areas of agreement with Girgis’s Dunwody Lecture, Originalism’s Difference?. Then they turn to each of Girgis’s three differences to ask a question and perhaps pose a critique. Has Girgis placed too much emphasis on “constraint”? Is “intensity” a virtue without sufficient care, balance, and open-mindedness, and perhaps a vice if it is a tendentiously intense control-f search? Is avoiding “palpable” moral reasoning a virtue if the Court is using historical evidence to cover for ideological motives and cognitive biases? This Essay turns to some of Girgis’s own examples of …

Originalism's Difference?, Sherif Girgis

Florida Law Review

This Article is a Dunwody Distinguished Lecture in Law and the topic is whether originalism makes any practical difference to constitutional reasoning and outcomes, relative to other methods of interpretation.

Does Good Originalism Need Good History?, Gary Lawson

Florida Law Review

One might think that originalism by definition is largely about history. After all, what does it mean to be “originalist” if not to be concerned primarily, if not exclusively, about the past? And if history is relevant, surely good history is better than bad history?

That seemingly obvious conclusion is not actually obvious. The role of good history, as with the role of any discipline—be it linguistics, epistemology, economics, classical studies, or political theory—depends on what questions one asks. And at least some forms of originalism ask questions for which the role of good history, as historians might define good …

The War Below: Lithium, Copper, And The Global Battle To Power Our Lives, Katherine Castillo

Natural Resources Journal

No abstract provided.

Wading In The Waters: The Public’S Use Rights In Non-Navigable Streams, Loren Vigil

Natural Resources Journal

In New Mexico, the water law of prior appropriation rules. As a result, no individual holds a complete right to ownership of water in New Mexico. Instead, New Mexico landowners hold only a right to put appropriated waters to beneficial use. Appropriation of waters requires diversion, a distinct feature that prevents landowners from claiming natural watercourses flowing through their property boundaries. The unappropriated waters of the state are then vested in the state via public trust, to be used and enjoyed by the public. This public right to use often abuts landowner property rights, as water flows over and through …

Theorizing Rural Cosmopolitanism: Modern Economic History, Urban Elites, And The Political Economy Of Disaster Recovery, Manuel Montoya

Natural Resources Journal

A heavily understated dimension of cosmopolitanism is the urban rural divide. This is particularly true in the context of modern economics, which emerged at the same time that the notion of cosmopolitanism was gaining renewed political significance. This paper examines how economic thought of the late eighteenth and early nineteenth centuries directly influenced the socio-literary interactions of a “World Republic of Letters” and how writers such as Goethe used terms like “universal spiritual commerce” to valorize the role of the city in the making of a new modern world. The paper also describes how the rural was left behind in …

Adapting The Hermit’S Peak/Calf Canyon Fire Assistance Act To Address The Needs Of The Community It Was Meant To Serve, Kieran Raney

Natural Resources Journal

In 2022, New Mexico experienced its worst documented wildfire season on record, and the Hermit’s Peak/Calf Canyon Fire was the largest among them. Over 340,000 acres of Northern New Mexico burned, devastating a multi-generational, subsistence community. In response, Congress passed the Hermit’s Peak Fire Assistance Act, the second-ever act of its kind to provide full and expeditious compensation for wildfire damage. Yet, more than four years later, many community members still have not received any funding and litigation continues over whether the Act is meant to provide noneconomic damages. This Comment outlines the steps of the rulemaking process to argue …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford J. Villa

Natural Resources Journal

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Violent White Exclusionary Destruction Of Black Property Is A Public Nuisance: The Tulsa Race Massacre And Beyond, Eric Miller

University of Cincinnati Law Review

No abstract provided.

The Shadow Corroboration Doctrine In Sexual Violence Cases, Chris Cox

University of Cincinnati Law Review

No abstract provided.