Digital Commons Network^™

From Conflict Prevention To Contract Intervention: Revisiting The Founding Purpose Of The Pca In An Evolving World Of International Arbitration, Kevin Mckenzie

Student Works

No abstract provided.

Hidden In Plain Sight: Plyler V. Doe Under Siege, Dana Kit

Student Works

No abstract provided.

2025 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Faculty Publications & Other Works

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Visible Learning: Adapting Primary And Secondary Pedagogical Approaches To Legal Education, Dawn Young

Faculty Publications & Other Works

As a new generation of students, Generation Z, enter law school, educators must continually adapt and improve to be the most effective in their roles. While traditional teaching methods like Socratic dialogue, the case method, and experiential learning are all valuable to varying degrees, law professors can gain further insight by exploring additional teaching approaches.

As law professors welcome Gen Z to their classrooms, how can they ensure they are adapting to the needs of this cohort? Could gaining an understanding of Gen Z’s prior educational experiences provide law professors with additional insight?

This Article argues that law professors can …

Tribal Civil Procedure: An Unexplored Path To Sovereignty And Economic Development, Adam Crepelle

Faculty Publications & Other Works

This Article argues civil procedure reform is a means of strengthening tribal sovereignty and economies. Although tribal civil procedure codes are largely consistent with their state and federal counterparts, tribal rules of procedure can be difficult to locate. The inability to locate tribal rules of procedure has led the Supreme Court to diminish tribal jurisdiction over non-Indians. Similarly, uncertainty about the rules governing tribal court operation deter businesses from investing in Indian country. By making greater efforts to publish tribal procedure rules and the jurisprudence interpreting them, tribes can enhance their sovereignty and their economies.

Tribes should also consider civil …

Power Struggle: The Disproportionate Burden State Surrogacy Requirements Impose Upon Women, Courtney Harper Turkington

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

The use of gestational surrogacy as a means to grow a family is increasing each year as fertility rates decline and single individuals and same-sex couples seek to have children who are genetically related to them. The United States does not have a uniform law governing surrogacy, leaving states to enact their own. While twenty-four states in this country have passed legislation permitting surrogacy and twenty-four others allow surrogacy in practice, the vast majority of states impose laws or practices that unduly burden women. In particular, Louisiana has the most restrictive surrogacy regime in the country. The state’s gestational carrier …

The Unconstitutionality Of Governor Youngkin's Felon Re-Enfranchisement Scheme (Or Lack Thereof): An Examination Of Hawkins V. Youngkin'S Challenge To Virginia's Current Felon Re-Enfranchisement Scheme, Olivia Rovin

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

This Note argues that Governor Youngkin’s felon re-enfranchisement “scheme” violates the Constitution. Ultimately, I will be evaluating the argument made in Hawkins v. Youngkin, formerly known as Nolef Turns v. Youngkin, noting its strengths and its weaknesses. Part I describes both American history and Virginia’s specific history of denying people convicted of felonies their right to vote. It also details the Supreme Court case, Richardson v. Ramirez, in which the Court held that denying people convicted of a felony the right to vote is constitutional under the Equal Protection Clause. Part I also gives a brief history …

"'Let's Not Go To Camelot, 'Tis Illegal'": History And Tradition In Discriminatory Charter School Policy Justifications: The Chivalry Edition, J.M. Long

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

This Article will begin in Part I with an overview of charter schools in the United States and a brief history of charter school growth in the United States. Part II then turns to focus upon charter schools and their growth in the state of North Carolina, emphasizing their legal uniqueness in relation to the North Carolina Constitution.

Second, CDS’s [Charter Day School, Inc.] dress code included a restriction for girls only— girls were required to wear either a dress or skorts (a combination of shorts covered with a skirt). Girls were not permitted to wear pants or shorts. The …

The Realities Of Sex Offender Treatment: What Is Not Being Shared, Pooja Mehta

Student Works

No abstract provided.

The Economic Impact Of Prison Labor: Who Benefits, Who Loses?, Esther Larios

Student Works

No abstract provided.

Seeking To Understand Establishment Clause Jurisprudence Post Bremerton: How History Solves The Lemon Problem, Andrew J. Scott

Student Works

No abstract provided.

It Is About Time To Lower Prescription Drug Costs For Americans: Let’S Begin By Regulating The Pbms Who Control Prescription Drug Costs, Samarth Parikh

Student Works

No abstract provided.

Get Ready With Me For Court: Increasing Ftc Enforcement In Influencer Marketing, Rosalena Morrell

Student Works

No abstract provided.

Legacy Of Buck V. Bell: Women’S Bodies As Border Wall, Georgia Macedo Cardoso

Student Works

No abstract provided.

Let’S Negotiate: Analyzing The Impact The Inflation Reduction Act’S Drug Price Negotiation Program May Have On The Pharmaceutical Industry, Kristen Liu

Student Works

No abstract provided.

Constitutional Challenges To Finra’S Dispute Resolution Services Program, Daria Beshentseva

Student Works

No abstract provided.

Weakening The Criminal Justice Reform Act: The Risk “Complexity” Poses To New Jersey’S Detained Defendants, Maura Wester

Student Works

No abstract provided.

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Student Works

No abstract provided.

Extremely Wicked, Shockingly Evil, And Vile Minds: Insanity And Competency In Courts, Sarah Elsakhawy

Student Works

No abstract provided.

Showdown In The Black Hills: The Sioux Nation’S Continued Land Claims Battle Against The Us Government, Kevin Mckenzie

Student Works

No abstract provided.

Parental Leave In The European Union And The United States - Two Flawed Systems, Madeline Humphrey

Student Works

No abstract provided.

Under New Management?: Sovereign Wealth Funds And Their Ownership Of U.S. Sports Teams, Benjamin K. Moyer

Dickinson Law Review (2017-Present)

In October 2021, Saudi Arabia’s sovereign wealth fund (“SWF”) successfully purchased the English Premier League soccer team Newcastle United F.C. for $400 million. With this transaction, Saudi Arabia joined fellow Gulf countries, Qatar and the United Arab Emirates, in owning a major European soccer team through one of its state’s SWF. States have long used their SWFs to invest in foreign markets, but recent trends have transformed these originally strictly financial vehicles into political tools. Since the 2007–2008 financial crisis, many states have used their SWFs not only to produce financial gains but also to generate soft power through political …

Asynchronous Trials: A New Approach To High-Volume Civil Adjudication, Henry Zhuhao Wang

Scholarly Publications

For thousands of years, trials were held in brick-and-mortar courthouses. Then COVID-19 ravaged the world, and many businesses and institutions, including judicial courts, went online. For the first time many people realized, accepted, and benefited from online trials held via videoconference software like Zoom. But Zoom fatigue is real. As the epidemic subsides, we must explore the next exciting growth point for judicial reforms.

Outside the courtroom, since the second half of the twentieth century, a revolution in communication methods has profoundly affected people’s daily life: we have switched from almost entirely real-time, synchronous human interactions, such as in-person meetings …

Artificial Intelligence And Constitutional Interpretation, Andrew Coan, Harry Surden

University of Colorado Law Review

No abstract provided.

Original Discontent, William Magnuson

Faculty Scholarship

There are many theories of constitutional interpretation. Most, but not all, of them assert that, in interpreting the Constitution’s provisions, we should start by taking seriously the intentions of the enactors, meaning, roughly speaking, its drafters, defenders and ratifiers. This Article argues that, in doing so, judges, scholars and policymakers have underestimated an important feature of the process of constitution-making: the discontent of the enactors themselves with the Constitution they were enacting. Time and again, during the Philadelphia Convention of 1787, during the penning of the Federalist Papers, and during the state ratifying conventions, the enactors expressed deep reservations about …

The Expressive Effects Of Bilateral Labor Agreements, Ian G. Peacock

Chicago Journal of International Law

Bilateral labor agreements (BLAs) aim to facilitate the movement of temporary migrant workers between countries. So far, studies of BLAs have focused on whether they have effects on migration flows. Despite countries entering hundreds of BLAs, evidence for their effects on migration flows remains limited. Yet, even if BLAs have limited material effects, they may still have important symbolic effects. On this topic, this Comment highlights BLAs’ potential to change rhetoric about international migration among heads of state. Drawing on an original empirical analysis focused on BLAs with the Philippines, the Comment analyzes how BLAs may influence leaders’ expressed attitudes …

Bank Of America Foundation Fellowship 2015–2024, Bank Of America Foundation, Notre Dame Law School

Student, Faculty, and Staff Awards

The Bank of American Foundation Fellowship, launched in 2015, covers the cost of salary and benefits for two graduating class members to work for two years at a city agency or nonprofit organization of their choice. The fellows’ work must advance community sustainability and provide legal services to low-income or underrepresented populations.

The U.S. Supreme Court Decision In Smith V. Spizzirri: An Analysis Of Its Impact On Enforcing International Arbitration Agreements And Awards Falling Under The New York Convention In The United States, Charles E. Woode

Buffalo Law Review

This article provides a comprehensive analysis of the U.S. courts’ role in the interpretation, enforcement, and confirmation of international arbitration agreements and awards under the Federal Arbitration Act (FAA) and the New York Convention. It delves into the intricacies of FAA Chapters 1 and 2, which govern domestic and international arbitration respectively, and their interplay in shaping the arbitration landscape in the United States. Initially, this article addresses the significant circuit split regarding 9 U.S.C. § 3, which required clarification by the United States Supreme Court in Smith v. Spizzirri. The Court’s decision provided much-needed clarity on whether a district …

Re-Defining Direct Copyright Infringement In The Digital Age: The Shortcomings Of Abkco, Inc. V. Sagan's "Presses The Button" Standard, Shelby Mcswan

Buffalo Law Review

This Comment offers a broader reading of direct copyright infringement. The definition of a direct infringer must go beyond the person who “presses the button,” and extend to those who authorize, instruct, or force another to commit an act of infringement. A broader reading not only ensures that direct liability in copyright law is uniform with other areas of the law, but it also ensures that copyright law protects those who it was meant to protect and punishes those who are truly at fault. Part I of this Comment provides history and background information on the development of intellectual property …