Digital Commons Network^™

Too Cruel For School: How Parental Rights Doctrine Can Help Protect Against Book Bans, Tessa K. Wild

William & Mary Law Review

This Note argues that parents’ rights protections are crucial to protecting against broad censorship in public schools, and that if states want to effectively regulate book removals, they should preemptively adopt laws similar to Minnesota’s section 134.51.

[...]

Part I of this Note will provide background information about book removals as a freedom of speech issue, as well as a history of how parents’ rights rhetoric is tied to book-removal issues. Part II will address both the history and legal standards of parents’ rights protections. Finally, Part III, using Minnesota and Utah as case studies, will apply parents’ rights law …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Analyzing Social Implications Of The Gender Wage Gap, Jessie A. Clarke

Electronic Theses, Projects, and Dissertations

The researcher seeks to understand the gender wage gap in the United States. The research question studied is “Why do women in the United States on average earn less income than men?” Women gain less power and resources as they earn less income than men. The researcher explores the phenomenon in this paper. This research proposal utilizes qualitative methods via interviews, and analysis through coding. In previous research, there is a lack of inclusion on the gender wage gap regarding various identities such as sexual orientation, other gender identities, and race/ethnicity. The researcher hopes to fill in these gaps in …

Lay Perceptions Of Alternative Dispute Resolution In Civil Legal Disputes, Ashley Gale Vaughan

Open Access Theses & Dissertations

This thesis examined how laypeople evaluate alternative dispute resolution (ADR) procedures in civil legal disputes, focusing on outcome favorability, procedural format, and procedural choice. Drawing on procedural justice theory, two vignette-based studies tested whether mediation would be evaluated more favorably than arbitration and whether allowing participants to choose the ADR process would improve satisfaction and perceptions of procedural justice. Study 1 used a 2 x 2 between-subjects design with undergraduate participants (N = 140) and manipulated ADR process (mediation vs. arbitration) and outcome (favorable vs. unfavorable). Study 2 extended this design by adding a choice condition in a community adult …

Environmental Movements In El Paso And Ciudad Juarez: Possibilities And Limitations Of Cross-Border Organization At The U.S.-Mexico Border, Vanessa Maria Almada

Open Access Theses & Dissertations

At the U.S.-Mexico border, the anthropogenic and nationalistic construction of the landscape has accelerated urbanization and unequal development without establishing effective binational institutions for governance over a shared commons. Borderlanders, then, contest unsustainable development with the added complexity of navigating a barrier which creates diverse socioeconomic and political realities that challenge cross-border cooperation. This qualitative research analyzes environmental organizations in El Paso and Ciudad Juarez. Through ethnographic study of mobilization in response to environmental legislation and administrative action in each city, the immediate barriers to cross-border cooperation and limitations of nationalistic institutions in the borderlands can be better understood.

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

Nonmarriage? Rethinking Religious Marriage In Modern States, Shahar Lifshitz

Cardozo Law Review

This Article examines the civil regulation of religious marriage in liberal democracies. While legal scholarship has extensively explored nonmarital intimate relationships, it has paid comparatively little attention to couples who regard themselves as married under religious law without corresponding civil status, as well as couples who remain religiously married following a civil divorce. These arrangements, prevalent among religious minorities such as Orthodox Jews and Muslims, often generate significant legal and personal harms, including exclusion from civil protections, economic vulnerability, and constrained exit from intimate relationships.

This Article develops a structured analytical framework grounded in three liberal perspectives. The individual-rights perspective …

Practicing Conflict Transformation Skills Through Role-Playing Games For Diversity, Equity, And Inclusion In Higher Education, Alexandra Schreiber, Kjell H. Hugaas, Sarah L. Bowman

Journal of Roleplaying Studies and STEAM

No abstract provided.

Insolvency Law In The Global South: Lessons For The Global North, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Despite the influence of the Global North in many insolvency laws and practices in the Global South, this article shows that the Global South has innovated in many aspects of insolvency law. In some cases, these innovations consist of solutions that, with certain adjustments, have been imported from the Global North. In others, they are really ‘autochthonous innovations’ from the Global South. This article identifies both types of innovations, providing examples from jurisdictions such as Brazil, Chile, China, Colombia, Dominican Republic, India, Malaysia, Mexico, Myanmar, Peru, Philippines, Thailand and Uruguay. More importantly, it will be shown how those innovations from …

A Constitutional Black Box: Critically Assessing The Constitutional And Algorithmic Implications Of The Netchoice Cases, Sam Merkatz

Bates College Undergraduate Law Review

In 2024, the Supreme Court of the United States jointly heard Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, cases challenging Florida and Texas statutes that restricted the capacity of social media platforms to moderate content. While remanding the cases, the Court reaffirmed that content moderation and curation qualify as protected expression under the First Amendment. This paper critically assesses the Court's majority opinion and its nonbinding dicta regarding the expressive nature of algorithmic moderation.

Specifically, drawing on Justice Alito’s concurrence in judgement only, this paper argues that the Court fails to account for fundamental differences between traditional …

Ex Aequo Et Bono In Indonesian Legal Practice: An Explorative Study And Critique Against Current Understanding Of The Term, Tristam Pascal Moeliono

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Doctrinal uncertainty persists regarding the extent to which judges in Indonesia may adjudicate on the basis of equity and fairness, particularly in relation to requests for decisions grounded in ex aequo et bono. This issue is especially evident in civil proceedings, where such requests are frequently articulated in pleadings and closing statements. Drawing on an analysis of regulatory frameworks and judicial practice, and employing normative and comparative legal approaches, it is argued that adjudication grounded in equity—conceptually linked to fairness, propriety, and broader considerations of justice—constitutes an inherent component of judicial obligation in Indonesia. At the same time, requests …

The Role Of Music Publishers In Managing Copyright In Musical Works In Indonesia: A Legal Analysis, Diana Silfiani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study aims to examine music publishers as managers of song and music copyrights in Indonesia. Although music publishers are legally recognized as part of the rights holders, in practice they demonstrate distinct and broader characteristics, functions, and roles compared to other rights holders. Due to the absence of clear and comprehensive regulations under Indonesian law, this study compares the legal framework governing music publishers in Indonesia with those in the United States and South Korea to seek comparable regulations. The analysis adopts a qualitative approach, using normative juridical research and a prescriptive typology to propose alternative solutions to the …

The Legal Status Of Indonesia-China Joint Statement 2024 And Its Legal Implications For Unclos Under The Law Of Treaties, Amanda Christie, Diajeng Wulan Christianti

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The legal standing of joint statements in international law remains contested, particularly with respect to their qualification as treaties under the Vienna Convention on the Law of Treaties. This issue has become increasingly relevant following the 2024 Joint Statement between Indonesia and China on Advancing the Comprehensive Strategic Partnership and the China-Indonesia Community with a Shared Future. Despite its political framing, item nine, which contains a provision on joint development in areas described as overlapping claims in the South China Sea, raises critical legal concerns that the implications may constitute a legally binding treaty. This article employs a doctrinal legal …

Human Dignity In The Foundational Political Documents Of The United States, Kalista Roades

Honors Theses

Human dignity is integral to modern discussions of human rights and liberties, but this connection can be found stretching back through history to the early developments of human rights. This paper begins with modern philosophical definitions of human dignity, especially from Rosen and Kateb. Rosen discusses four “strands” of dignity- Intrinsic Dignity, Status Dignity, Manner Dignity, and Respect Dignity. This paper then uses that framework to find human dignity implicit within the founding documents of the United States including the Declaration of Independence, the Constitution, and the Bill of Rights, as well as “Common Sense” and the Magna Carta to …

Russian Linguistic Policy In The Post-Soviet World, Payton G. Deichler

The Dialogue

This paper examines the role of the Russian language as an instrument of soft power in the post-Soviet space, arguing that its geopolitical influence extends beyond demographic prevalence to the institutional frameworks through which it is promoted and mediated. Rather than functioning solely as a neutral medium of communication, Russian operates as an infrastructural component of influence that shapes access to media ecosystems, educational systems, and professional mobility across former Soviet republics. Drawing on the concept of a “Monopoly of Interpretation,” this study proposes that the centralized, state-linked promotion of Russian enables the consolidation of political narratives within shared linguistic …

Hakim Komisaris : Solusi Ke Arah Prinsip Keadilan, Indriyanto Seno Adji

Jurnal Hukum & Pembangunan

Abstract

Ai Mistakes: "Confabulation" And Abduction, Not "Hallucination", Stephen M. Mcjohn, Ian Mcjohn

Suffolk University Law School Faculty Works

"Hallucination" has become the common term for errors by AI systems, yet it implies a misleading analogy to human perception. LLM's process tokens. They do not have conscious experience or conscious perception. A hallucination is an experience, and (to our knowledge, to date) LLM's do not experience anything. This paper suggests that legal scholars follow the lead of a small number of AI researchers who have suggested that "confabulation" is a more accurate term, a metaphor grounded in psychology. People confabulate when they unknowingly invent spurious explanations or facts. We then take this terminological question and stretch it into a …

Separate But Equally Funded: Reforming Education Savings Accounts For Homeschoolers, Matthew Mcguire

Senior Honors Theses

Public commodities require public access. I review twenty-one state-funded education savings accounts (ESAs) funded by general fund revenues to argue that limiting home-education access violates principles of public access—The General Availability Doctrine. To the dismay of many home-educated students, nine state-funded ESAs require parents to terminate their home-education status as a condition for public funds. At least five state-funded ESAs require public school attendance as a prerequisite to receive funds, thereby precluding homeschooling students. Three state-funded ESAs treat home-education negatively by reducing funding based on a student's home-education status. The discriminatory treatment of home-educated parents and students raises First and …

Voices From The Field: A Phenomenology Exploring Elementary Teachers’ Experiences Of The Impact Of Policy On Teaching Reading, Donna T. White

Doctoral Dissertations and Projects

The purpose of this transcendental-phenomenological study was to understand the lived experiences of reading teachers who implement policy-driven reading practices in elementary schools within urban school districts in Maryland. The theory guiding this study was Bandura’s theory of self-efficacy. The policies governing how teachers teach reading in Maryland's elementary schools informed this study. The Central Research Question was, " How do elementary teachers’ lived experiences of implementing reading policy in the classroom affect reading instruction? A transcendental-phenomenological research design was combined with purposive sampling and involved responses from 10 participants from urban school districts in Maryland. Transcript coding was used …

Konnsolidasi Demokrasi: Tantangan Reformasi, Todung Mulya Lubis

Jurnal Hukum & Pembangunan

Abstract

Clawing Back Fraudulent Profits—Investor Protection Or Regulatory Overreach: The Disgorgement Dilemma In Securities Law, Jessica Sun

The Journal of Business, Entrepreneurship & the Law

This comment explores the legal complexities surrounding the Securities and Exchange Commission’s (SEC) use of disgorgement as an enforcement tool, specifically addressing the tension between investor protection and regulatory overreach. Sun examines the evolution of disgorgement from a court-created equitable remedy to a power formally codified by the National Defense Authorization Act of 2021, while highlighting the significant limitations imposed by Supreme Court rulings in Kokesh v. SEC and Liu v. SEC. The comment centers on a current circuit split between the Second Circuit’s decision in SEC v. Govil—which requires a showing of "pecuniary harm" to victims before awarding disgorgement—and …

Frontmatter, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 36 Cover, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The American Samoan Oxymoron: The Noncitizen National And The Meaning Of Citizenship, Craig R. Shagin, Delaram Rezaeikhonakdar

UC Law Constitutional Quarterly

This article examines the legal distinction between U.S. citizens and noncitizen nationals, with a particular focus on American Samoa. While residents of other U.S. territories—such as Guam, Puerto Rico, and the U.S. Virgin Islands—are granted U.S. citizenship by legislation, American Samoa remains the only unincorporated U.S. territory whose inhabitants are recognized as nationals but not citizens. This distinction results in significant political disabilities for American Samoans even when residing in a state, as they may not vote, hold public office, or serve on juries. The article argues that there is no substantive distinction between “citizen” and “noncitizen national” beyond the …

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Qualified Immunity: Emerging Fault Lines In The Eleventh Circuit, Ricky J. Marc

University of Miami Race & Social Justice Law Review

Qualified immunity operates as a central doctrine in federal civil rights litigation, defining the threshold between government accountability and official protection from suit. Within the Eleventh Circuit, this doctrine has developed into a highly structured yet fact-dependent framework that shapes litigation strategy and judicial outcomes. This article offers a comprehensive analysis of qualified immunity in the Eleventh Circuit from 2022 to 2025, drawing on recent precedents involving law enforcement officers and correctional officials. It examines the Circuit’s treatment of clearly established rights, the role of objective reasonableness in determining constitutional violations, and the evidentiary dynamics that influence summary judgment and …

Indigenous Māori Defend Digital Sovereignty Over Big Tech’S Free Trade Rules, Jane Kelsey

Indian Journal of Law and Technology

In 2016, Indigenous Māori in Aotearoa New Zealand challenged the Trans-Pacific Partnership Agreement (‘TPPA’) for breaching the colonial government (Crown) obligations to them under the 1840 Tiriti o Waitangi. This was lodged before a Tribunal particularly established to inquire into such breaches. In 2021, the Tribunal upheld that claim, finding that the TPPA e-commerce provisions failed to protect Māori identity and Indigenous knowledge. Since then, the Crown and Māori have sought means to reconcile these competing paradigms within the unequal power relations of a colonial government and Indigenous Peoples – denied the sovereignty affirmed to them in 1840. This case …

The Role Of Ai In Judicial Translation: Ensuring Access To Justice In Vernacular Languages, With Special Reference To Marathi, Bhushan Raut

Indian Journal of Law and Technology

This paper examines the role of artificial intelligence in judicial translation to enhance access to justice in India’s multilingual legal system, with a specific focus on Marathi. It situates judicial translation within the constitutional framework and Rule of Law theory, arguing that linguistic accessibility is essential to legal agency and fairness. Through doctrinal, empirical, and comparative analysis, the paper evaluates initiatives such as SUVAS, highlights gaps in vernacular availability of landmark judgements, and identifies challenges relating to accuracy, accountability, and legal semantics. It proposes a hybrid AI–human model and policy reforms to ensure reliable, scalable, and inclusive translation practices in …

Force Majeure And Economic Hardship Under Uae Law, Myrna Saad

Proche-Orient, Études juridiques

The recent COVID-19 pandemic has sparked a renewed interest in the concepts of force majeure and economic hardship, which both deal with unforeseen and unavoidable events disrupting the performance of a contract. Despite many overlapping features between the two concepts, major divergences exist, both in conditions and effects. This article examines how force majeure and hardship are approached in the UAE Civil Transactions Code by analyzing their constitutive elements and comparing their consequences on contract performance and liability.

Aquinas, Wilson, And Continuity On Crime And Punishment, Brian M. Murray

Catholic University Law Review

This Article compares the legal thought of James Wilson, a leading jurisprudential figure during the American Founding, and Thomas Aquinas, perhaps the most well-known medieval philosopher, on crime and punishment. It argues their theories are closer than the historical gulf between them suggests would be the case. Both limit the definition of crime to morally culpable acts involving public harm. Each considers redressing the public disorder crime causes as the primary justification for punishment. While Wilson defers to the English common law to emphasize protecting certain natural rights and to prevent crime, Aquinas points to his understanding of natural law …