Digital Commons Network^™

Freedom At The Polls: Guns, Speech, And The Right To Vote, Matthew B. Russett

William & Mary Bill of Rights Journal

Part I of this Note provides a brief overview of current firearm prohibitions at polling locations and examines the legislative justifications for these restrictions. Recently, an increasing number of states have enacted firearm prohibitions as a prophylactic measure against voter intimidation and disruption. Part II applies New York State Rifle & Pistol Ass’n v. Bruen’s history and tradition test to determine whether these prohibitions pass constitutional muster under the Second Amendment. Indeed, a critical examination of historical voting laws in America shows a compelling history of limiting firearms near polling locations. Part III examines similar themes in First Amendment …

The End Of The List: Constructive Waiver Of The Right To Counsel In Virginia, Thomas C. Squires

William & Mary Bill of Rights Journal

This Note will first give a general background on the right to counsel in the United States that stems from the Sixth Amendment of the U.S. Constitution, with a focus on the right as applied in the Commonwealth of Virginia. A brief examination of the specific Virginia Code section that is relevant when discussing this issue will follow. This code section and its deficiencies collectively present potential threats to defendants’ right to counsel. An evaluation of federal case law and Virginia case law on constructive waiver will follow. This Note will conclude by offering potential solutions to head the looming …

The Role And Professional Obligations Of Crown Attorneys In Disposition Hearings For Not Criminally Responsible Accused At Provincial Review Boards, Andrew Flavelle Martin

Dalhousie Law Journal

Crown attorneys perform several different roles, each accompanied by a set of professional obligations. R v Boucher makes it clear that the role and professional obligations of the Crown attorney at trial are to pursue justice, not to win. Much less clear are the role and professional obligations of Crown attorneys at review board disposition hearings for not criminally responsible (NCR) accused under Part XX.1 of the Criminal Code. In this article, I do two things. First, I canvass and synthesize the case law, legislative proceedings, and literature to identify the correct role of Crown attorneys at disposition hearings. I …

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Immigration Related Stress As A Social Determinants Of Health Among Immigrants In Santa Cruz County, Jose Manuel Martinez

Capstone Projects and Master's Theses

Immigration related stress is a major public health issue for undocumented immigrants and mixed status families. That is linked towards the social determinants of health associated with mental health, stress, and disparities. This capstone project was implemented at Santa Cruz County Immigration Project, a program within the Community Action Board in Watsonville, California, that provides legal assistance and support towards the community. The purpose of this project was to evaluate & analyze collected data from clients feedback through bilingual surveys & intake forms that were distributed in person, email, text, and QR code. A total of 50 surveys were collected, …

The Unitary Executive And The Federal Reserve, Lev Menand

Faculty Scholarship

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation — known as the unitary executive theory (UET) — would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the …

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

The Establishment Clause And The Ten Commandments Post-Lemon, Richard Kato

Northern Illinois University Law Review

Louisiana recently passed a law requiring that a display of the Ten Commandments be placed in all public school classrooms in the state. The law is currently facing an Establishment Clause challenge in the Fifth Circuit. This Comment argues that Louisiana’s Ten Commandments law does not violate the original public meaning of the Establishment Clause. The history of the Establishment Clause suggests that noncoercive support of religion was widely accepted before and up through the time of the First Amendment’s enactment. Following Kennedy v. Bremerton School District’s abandonment of the Lemon v. Kurtzman test, the Ten Commandments law must …

The Judicial Subjectivity In The Fair Use Analysis Of Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith And Its Implications, Donna Khademi

Theses

The case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith demonstrates the subjective nature of the fair use doctrine. Scholars suggest that judges are often forced to interpret expressive works without specialized training in art, leading to inconsistent rulings. These discrepancies can lead to legal ambiguity and potentially weaken First Amendment protections. A deeper understanding of authorship, appropriation, and contemporary art highlights their crucial role in evaluating expressive works. By examining current legislation and judicial precedents, this paper shows the subjective and inconsistent nature of the present legal framework and offers a set of related proposals. It …

Putting Labour Law To Work: Imperative Of Race Conscious Labour Law, Harshini Arumugam

Dalhousie Law Journal

History shows that race and labour are deeply connected in Canada. For the labour movement to advance racial equality, it must contend with this reality. Through a critical race analysis, this paper examines how race-evasive approaches in labour laws and practices have contributed to systemic racial inequality. It argues that race-conscious strategies are essential for addressing the specific experiences and needs of racialized workers. By leveraging existing legal tools and intentionally incorporating race-conscious approaches into areas such as collective bargaining, the collective agreement, and the duty of fair representation, labour law can be a powerful mechanism for achieving racial justice …

Take Your Time: Arbitration Award Timing In India, Spencer Morrisroe Warren

Arbitration Law Review (2009 - Present)

No abstract provided.

Bridging Theory And Practice: A Review Of Sovereign Immunity From Execution And International Arbitration By Ylli Dautaj, Taimoor R. Sultan

Arbitration Law Review (2009 - Present)

No abstract provided.

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …

What We Can Glean From The Book Of Ruth: A Novel Approach To Keeping The Schoolhouse Doors Open To All Children, Summer Basham Todd

Vanderbilt Social Justice Reporter

No abstract provided.

Examining Educational Legislation In Indiana, Jason Cary

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to explore the world of educational legislation and how it is crafted, molded, and signed into law in the state of Indiana. The study examined the key legislative players, the machinations of the Statehouse, the educational organizations and their lobbyists, the national landscape, and other factors at play. To find the answers to the research questions in this study, the researcher interviewed multiple Indiana legislators. An effort was made to sit down with elected officials from both chambers who serve on the educational committees. According to the research, state and federal legislatures are …

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Pussy Protest! Protest Zines To Uplift Marginalized Voices, Alekz Nelson

Theses/Capstones/Creative Projects

A publication of 4 separate zines made up of 12 pages each. The zines delve into the history of the Americans with Disabilities Act, trans women and their music artistry, lack of lesbian media, and inmate working conditions. These zines aim to not only raise awareness towards these issues, but spark action from readers by providing practical and doable options to pursue. With societal attitudes and political administrations becoming more conservative, spreading this information and awareness is vital to ensure that these alternatives ways of life are not forcibly erased.

Red 40 Riot: An Interdisciplinary Perspective On The Fight For Food Additive Regulation, Margaret Q. Gray

Honors Theses

This paper explores the chemical, business, and governmental influences that impact the perception and future of Red 40. This inquiry was inspired by the increasing trends towards health-conscious consumer preferences and the 2025 Red 3 ban. This thesis examines foundational research, modern sources, and public-facing articles to create a comprehensive understanding of both sides of the argument in support of and against regulation. The paper concludes that a three-pronged approach would be ideal to target each key perspective included: chemistry, business, government. The approaches include confirming chemical research method validity, encouraging governmental regulation, and corporate accountability and enforcement. The paper …

A Thumb On The Scales: How The Court Creates Presumptions To Change The Law, John Leubsdorf

Northern Illinois University Law Review

In four major recent decisions, the Supreme Court deployed the same technique: it created a presumption in favor of the result it preferred and then concluded that the losing party could not rebut that presumption. This invocation of presumptions enabled the majority to reach the result it preferred, while maintaining the appearance of balance and leaving open the possibility of different rulings in future cases. The asserted grounds for erecting the Court’s presumptions-notably history and governmental structure-likewise combined the appearance of objectivity with the reality of choice. Judicial presumptions are not new, but the current Court deploys them on a …

The Fourth Amendment And Geofence Warrants: Safeguarding Geofencing's Constitutionality Through Particularity And Reasonableness, Mathias Lang

The University of New Hampshire Law Review

Geofencing, a location-based investigative technique that uses digital mapping to identify individuals within a defined geographic area, has become an increasingly common yet constitutionally contentious tool for law enforcement. Federal courts remain deeply divided on whether geofence warrants comport with the Fourth Amendment. The Fifth Circuit has held that such warrants constitute unconstitutional general warrants, while the Fourth Circuit has concluded that they do not even amount to searches under the third-party doctrine. This circuit split exposes a broader tension between technological innovation and foundational constitutional privacy protections.

This Article argues that geofence warrants should be treated as searches subject …

Immigrants And The Battle For Our Nation In The Courts, Raquel E. Aldana

University of the Pacific Law Review

No abstract provided.

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 5 [2026], Número 1 (Issue 1), Romano Ponce-Díaz Phd, Cristo Leon, Ivan Avila, Sarah Lynne Bowman, Kjell Hedgard Hugaas, Alexandra Schreiber Ma, Jaime Eduardo García Maya, Víctor Emmanuel Quintana Villarreal Vic Emma, Francisco Gonzalez Ing., Daniel Romero Benguigui, Antonio Roda-Martínez

Journal of Roleplaying Studies and STEAM

El presente número del Journal of Roleplaying Studies and STEAM examina la convergencia entre las prácticas lúdicas, el diseño narrativo y los procesos de mediación sociocultural en la investigación contemporánea. Las contribuciones reunidas en este número abordan el juego de rol como un dispositivo de producción de conocimiento, intervención psicoeducativa y reelaboración de representaciones culturales. Nos podemos atrever a señalar que la educación es la convergencia entre la ludología, las ciencias sociales, los estudios visuales y el análisis cultural; entendiendo a la educación como la actividad consciente e intencionada de transmitir información y conocimientos a las siguientes generaciones.

Martin Heidegger …

Susceptibility To Memory Errors Created By Leading Questions Based On The Perceived Authority Of Interviewer, Clay K. Wollard

Undergraduate Honors Theses

It has been well established that memory of an event can be modified by introducing misinformation through questioning. This study fills a gap in the research literature by testing the potential relationship between perceived authority and susceptibility to misinformation. This was measured through showing participants a video of a traffic accident and asking them questions about the events they witnessed. Participants were also asked to rate their confidence in the correctness of each answer to determine if there are any correlations between authority, correct answers, misinformation, and confidence. Authority was conveyed through the clothing worn by the researcher during each …

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

Policy Analysis Of Utah's Family Vlogging Bill: Examining The Influence Of The Mormon Church On Utah State Legislation And Its Effects On Child Performer Protections, Jayna J. Moskovitz

Honors College Theses

Following the criminal sentencing of Mormon family vlogger, Ruby Franke, of the 8Passengers YouTube channel, the state of Utah passed House Bill (H.B.) 322 in 2025 with the aim of protecting minors involved in social media content. This thesis investigates the connection between Mormonism and family vlogging to determine whether the Mormon influence in Utah’s state government impacted the effectiveness of H.B. 322’s provisions. My research asked: How does H.B. 322 protect children featured in social media content? (How) did the involvement of the Mormon Church in Utah politics and/or the high profile of the Ruby Franke case lead to …

Back To The Future: Impact Of Affordable Care Act On Health Equity And Risks Of Backsliding In Era Of New Hurdles For Obtaining Coverage And Health Care, Renée M. Landers

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Preserving Life In An Age Of Autonomy: A Critique Of Physician-Assisted Suicide, Adeline Holcombe

Senior Honors Theses

This thesis critiques physician-assisted suicide (PAS) as a reflection of Western thought’s shift from a biblical sanctity-of-life ethic toward autonomy and relativism. Through analysis of biblical and historical foundations, major cases, and state PAS laws, it argues that legalization weakens the state’s interest in preserving life, normalizes suicide, and exposes vulnerable populations to coercion, inadequate safeguards, and legal expansion. The thesis concludes that PAS laws should be repealed and that palliative care, hospice, and mental health treatment provide more compassionate and ethically sound alternatives.

The Human Touch: Lawyer Leadership In The Age Of Generative Ai, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

No abstract provided.

Rethinking The Scope Of State Power: Territorial Jurisdiction, Popular Sovereignty, And Extraterritorial Legislation, Jeffrey Schmitt

William & Mary Law Review

The Supreme Court applies the territorial framework of international law to resolve disputes over the reach of state power. Under this framework, a state’s power is coterminous with its borders, such that a state’s regulatory power within its territory is limited only by federal law. The Court recently used this framework to overrule an obscure line of Dormant Commerce Clause cases that held that a state regulation of local conduct could have impermissible extraterritorial effects.

This Article argues that the territorial model of state power from international law does not account for the division of sovereignty within our federal system. …