Digital Commons Network^™

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Political Disinformation In The Anthropocene, Jeffrey Omari

Washington and Lee Law Review

The Anthropocene is the name that scientists have given to our current geological epoch, which references the overwhelming influence of human agency on the Earth and its ecological systems. Adopted as a theoretical tool across multiple academic disciplines, social scientists often employ the term to address deep-rooted political and socioeconomic problems and the symptoms of global inequalities and injustices. Meanwhile, legal scholars have employed the term to address the global environmental harms of human agency and to examine how normative frameworks must fundamentally change and adapt to the times ahead. At the same time, recent scholarship also notes that democracies …

The Resurgence Of Massive Resistance, Danielle Wingfield

Washington and Lee Law Review

“Massive Resistance” to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown’s seventieth anniversary, Massive Resistance is again surging. In fact, the last few years have witnessed increasing resistance to publicly funded education. Some areas where anti-public education resistance strategies have manifested include political rhetoric around Critical Race Theory, library censorship, and renewed parental rights debates.

To devise the most effective response to …

The Crumbley Precedent: When Florida Parents Should Face Involuntary Manslaughter Charges In School Shootings, Sophie Hayman

Nova Law Review

No abstract provided.

Made In The Usa: A Prison Of Our Own Emissions: Examining The Carbon Footprint Of Mass Incarceration From A Global Perspective, Raina Machisen

William & Mary Environmental Law and Policy Review

Part I will address the concept of Mass Incarceration and carbon footprints. Part II will describe and compare the current energy consumption level of the United States’ prisons and carbon emissions with the United Kingdom’s prisons’ green infrastructure. Part III suggests potential prison programs that encourage both rehabilitation and carbon reduction. Part IV discusses the origins of Mass Incarceration, potential policy solutions to reduce prison populations, and the prospect of repurposing unused prisons.

This abstract has been taken from the author's introduction.

War Crime Or Ecocide? Ukraine’S Prosecution Of Environmental Crimes Committed By Russian Forces, Michael J. Kelly

Emory International Law Review

No abstract provided.

Maine Law Magazine - Issue No. 99, University Of Maine School Of Law

Maine Law Magazine

• A Letter from the Dean
• Alaskan residents granted resident tuition status at Maine Law
• ‘I wasn’t doing it alone’: Students find mentorship and direction in Maine Law’s 3+3 Program
• A Place to Call Home: Three journal symposium addresses housing crisis in Maine and beyond
• Maine Law community honors founding Dean Edward Godfrey’s lasting legacy
• How Maine Law’s Economic Justice Fellowship is Shaping the Next Generation of Advocates
• New fellowship broadens scope and reach of Maine Law’s Refugee and Human Rights Clinic
• The Clinics at Maine Law: Renamed to Reflect Our Expansive Reach
• Prisoners’ Assistance Clinic - Providing Much Needed Access …

The Inevitability Of Adaptability – Comparative Contributions To Understanding Originalism, Anna Conley

Emory International Law Review

What can comparative law teach us about originalism as a constitutional interpretation method? After synthesizing existing comparative analyses, this article seeks to redefine comparative law’s role in understanding originalism. When defining originalism strictly to require adherence to fixed original meaning, originalism is not used by courts anywhere in the world. Instead, courts use history purposively to understand the intent behind constitutional text as one of many methods of interpretation. Comparative works suggest historical constitutional interpretation has a complex relationship with rights, politics and culture.

Comparative law can provide not only descriptive understandings of originalism but also interrogate its mandate that …

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

Santa Clara Law Review

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 …

Empirical Analysis Of Racial Disparities In Policing, Premkumar, Deepak, Lofstrom, Magnus, Hayes, Joseph, Martin, Brandon, Cremin, Sean

Santa Clara Law Review

Racial disparities within the criminal justice system continue to be a pressing issue, especially after the recent passage of California’s Racial Justice Act, which allows for a broader set of legal challenges based on racially disparate treatment. In this article, we analyze data for almost four million stops by California’s fifteen largest law enforcement agencies in 2019, examining the extent to which people of color experience searches, enforcement, intrusiveness, and use of force differently from white people. Black Californians are more likely to be searched than white Californians, but searches of Black civilians reveal less contraband and evidence. Black people …

Fact-Finding Is An Immigration Lawyer's Job: The Importance Of Working One-On-One With Clients In Asylum Cases, Jacqueline Marie Brown

University of San Francisco Law Review

No abstract provided.

Setting The Truth Free: The Case For Restoring The Central American University Of Nicaragua Through The Framework Of International Human Rights Law, Samuel Gearing

University of San Francisco Law Review

No abstract provided.

The Excluded: Where Did Our Rights Come From, Who Paid The Price Trying To Establish Them, And Who Is Trying To Take Them Away? The Centuries-Long Struggle For Inclusion, Jim Brosnahan

University of San Francisco Law Review

No abstract provided.

Mailing It In: Due Process Requires Technology-Driven Safeguards In Public Benefits, Eric Lukoff

Celebrating WCL Student Authors

Due process in safety net public benefit programs requires agencies to employ modern technology in providing notice that is reasonably likely to reach participants. The Supreme Court has held that due process is dependent on the time, place, and circumstances in which it operates. Scholars have further argued that due process is adaptable to changing facts and circumstances over time. Yet, mailed paper notices remain the standard in providing notice to participants in public benefit programs.

Living in poverty today looks significantly different than it did nearly fifty years ago at the time of Mathews v. Eldridge, where the Court …

Holding Fossil Fuel Producers Accountable In U.S. And Other Foreign Courts: A Climate Justice Pathway For Sierra Leone, Jamil Sahid Fofanah

Colorado Environmental Law Journal

No abstract provided.

Bruen: The Court's Announcement Of The Historical Analogy Test And The Aftermath Thereof, Michael Partrick

Wyoming Law Review

The United States Supreme Court’s history of analyzing firearms restrictions has seemingly always led to ambiguities and confusion in lower courts. This was especially true after 2008, when the Court decided District of Columbia v. Heller, 554 U.S. 570 (2008). In the years following Heller, lower courts across the country applied different standards to determine the constitutionality of firearms restrictions. The Court granted certiorari in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) to establish the proper test for determining whether a firearm regulation is constitutional. This test is based on U.S. …

Legislating Morality: The Historical Consequences Of The Mann Act On The American Public, Chance J. Harper

Wyoming Law Review

The Mann Act, officially titled the “White Slave Traffic Act of June 25 1910,” was a product of a time of immense social, ethnic, and political change. The Mann Act was presented as the solution to “white slavery”— an imagined crisis where white-American girls were forced into prostitution. This crisis was attributed to the influx of traditionally “othered” ethnic groups, which shocked the nation and prompted sweeping action by politicians to protect white-American values and culture in the name of stopping forced prostitution. In addition to perceived threats to American values, fears of immigrant power as a voting block and …

On The Wax: How Prosecutors Weaponize Rap Lyrics At Trial, Jasmine Ross

City University of New York Law Review

In the last few years news headlines have been filled with stories of high-profile trials in which celebrity rappers like Young Thug, Tekashi 6ix9ine (now “6IX9INE”) and Bobby Shmurda have been confronted by prosecutors with lyrics they wrote. Of course, the use of rap lyrics in these trials is no accident. Since the 1990s criminal defendants who happen to pen rap lyrics are increasingly likely to have their lyrics admitted against them at trial. This is happening all over the country—in federal and state courts—at every stage of criminal proceedings. This Note will focus on the use of rap lyrics …

Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies

American University Law Review

Recent Supreme Court decisions have taken a broad view of the President’s power to remove executive branch officials. According to the Court, the President’s Article II obligation to “take Care that the Laws be faithfully executed” generally requires that the President have authority to remove officials at will. The Court has thus far declined to overrule Humphrey’s Executor v. United States, a 1935 decision upholding “forcause” restrictions on removal for multi-member “quasi-judicial” bodies such as the Federal Trade Commission (FTC). Nonetheless, recent Court decisions have eroded the rationale in the earlier case, which has received additional attention because of efforts …

Fourth Amendment Hydraulics And Programmatic Surveillance, David C. Gray

American University Law Review

There is a hydraulic relationship between Fourth Amendment rights and remedies. When rights expand, remedies shrink, and vice versa. That makes good sense. At its heart, the Fourth Amendment requires striking a reasonable balance between the competing interests of citizens and their government. Expanding rights by, say, adopting a more expansive definition of “searches,” or applying the Fourth Amendment to a new category of government conduct, compromises government interests. When this happens, courts can, and should, bring things back into balance by adjusting remedies.

Sometimes the Court is cognizant of this hydraulic relationship. When the Court expanded Fourth Amendment rights …

Smith-Doheny Legal Ethics Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The Smith-Doheny Legal Ethics Writing Competition

The annual writing competition is open to all U.S. and Canadian law school students. Entries should be concerned with any issue within the general category of legal ethics. Entries must be original, unpublished work, a minimum of 5,000 words and a maximum of 15,000 words, inclusive of footnotes. Coauthored essays may be submitted. Submissions will be judged by a panel of faculty of the Notre Dame Law School. A monetary prize will be awarded to one winning entrant.

Core Skills & "Cool Tools" From The Third Generation Of Fcil Librarians, Meredith Capps, Clement Lin, Devan Orr, Alison A. Shea, Loren Turner, Latia Ward

Library Staff Publications

There have been three generations of foreign, comparative, and international law (FCIL) librarians in the United States (US) in the postwar era. FCIL librarians of the first generation were foreign lawyers who emigrated to the US after World War II. Those of the second generation were American lawyer-librarians who built the infrastructure of FCIL librarianship into what it is today. The third generation of FCIL librarians includes the authors of this article. We perform many of the same research tasks as our predecessors, but we do so primarily online through an ever-evolving array of new and emerging technologies. This article …

Global Data Flows X ‘Digital Trade Law’: Instruments, Institutions, And Infrastructures, Craig Atkinson

Centre for Digital Law

With a vision to become the ‘premier law and technology research centre in Asia’ and combine law, computer science, and digital humanities scholarship, the digital economy is one of four clusters of focus under the recently established Singapore Management University (SMU) Centre for Digital Law (CDL) at the Yong Pung How School of Law (YPHSL).

To investigate digital economy-related issue areas in collaboration with the University of Lucerne’s Trade Law 4.0 project, the forthcoming white paper ‘Data Free Flow with Trust (DFFT): Cross-Border Cooperation and Digital Trade on the Edge’ opens with a provocative statement: Globally, ‘economic governance’ is becoming …

Art. Iii-Gpt, Nick Mckinley

Catholic University Journal of Law and Technology

This article recommends the development and deployment of an Artificial Intelligence (AI) large language model (LLM) tool by and for the federal judiciary. LLMs are revolutionizing legal practice, and judges should accordingly be familiar and in regular practice with LLM technology. LLMs can greatly assist the courts by increasing operational efficiency and public access to justice. Particularly, LLMs can improve efficiency in legal research, legal writing, and administration. LLMs present limitations or potential problems in the form of prompt dependency and harmful bias, limitations of data in their training sets, privacy and confidentiality, and the production of false or fabricated …

Reentry Realities: Examining The Role Of Aftercare Programs In Supporting Justice-Involved Youth, Lynda Girven

Honors Undergraduate Theses

The current study examined if aftercare and reentry programs helped to reduce recidivism among youth who have been involved in the juvenile system, and specifically, youth released from residential placement facilities. Different components of aftercare programs were also examined, such as the inclusion of mentoring or family support, how many services were offered, and if the program followed the Risk-Need-Responsivity (RNR) model. Through completing a systematic review of studies published since 2008, five studies met the inclusion and exclusion criteria. All five studies found that the youth who received services through aftercare programs were less likely to reoffend than youth …

The Evolution Of Surveillance And The Decline Of Privacy, Alan J. Geyer

Honors Undergraduate Theses

This study directly examines how surveillance law and technology have evolved in the United States and how privacy rights have declined correspondingly. The study specifically focuses on how advancements in surveillance technology have overstepped the boundaries of Fourth Amendment protections and analyzes whether these provisions are adequate for protecting citizens in the modern technological era. The study explores newly employed methods of technological surveillance, such as facial recognition, data collection, and automated license plate readers. It focuses on how government surveillance programs have reshaped legal and ethical understandings of privacy. The changes in surveillance and technology have been analyzed by …

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Faculty Articles

No abstract provided.

Subsurface Trespass In The Restatement (Fourth) Of Property: An Appraisal And Alternative Account, Joseph A. Schremmer

Faculty Articles

Building on the scholarly work of leading property theorists Henry Smith and Thomas Merrill, the recently approved Fourth Tentative Draft of the Restatement (Fourth) of Property prescribes treating all entries below ground as ordinary trespasses. That includes entries in the shallow subsurface by building foundations and utility lines, as well as invasions in the deep subsurface by mining shafts, oil and gas wells, and substances injected for disposal and storage. The Restatement comes at an important time in the development of subsurface trespass law, as developers, courts, and policymakers grapple with the growing use of subsurface technologies for horizontal drilling, …

Author Biographies

Roger Williams University Law Review

No abstract provided.

2024 Rhode Island Public Laws

Roger Williams University Law Review

No abstract provided.