Digital Commons Network^™

Highway Robbery: The Eleventh Circuit Correctly Finds Fbar Willful-Violation Penalties Subject To The Eighth Amendment In United States V. Schwarzbaum, Claire Borland

Villanova Law Review (1956 - )

No abstract provided.

Ai-Supported Analysis Of Jury Deliberation Impact Factors, Jennifer Siciliani Phd

Generative AI Teaching Activities

Students conduct a controlled, two-run generative AI jury simulation to examine how a single socio-legal variable affects simulated jury deliberation. They compare and manually code the AI-generated outcomes against peer-reviewed human jury research to evaluate the model’s accuracy, limitations, and potential biases.

History And Tradition Is Not Originalism — Nor A Good Idea, Kermit Roosevelt Iii, Sarah Choudhary

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Modernizing And Clarifying Family Laws: The New Jersey Law Revision Commission’S Examination Of Self-Representation, Domestic Violence, And Parental Rights, Barbara B. Rivera, Whitney G. Schlimbach, Candy Ley Velazquez, Kyle M. Ryan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Mandatory Arbitration: Privatizing Justice, And The Quiet Displacement Of The Civil Jury Trial, Leo Clarke

Journal of Business & Technology Law

No abstract provided.

A Look Inside The Nba’S Game-Changing Technical Foul: The Warner Bros. Discovery And Nba Broadcast Rights Dispute And How It Could Have Been Resolved Through Alternative Dispute Resolution, Nicola Coates

Pepperdine Dispute Resolution Law Journal

Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

International Animal Law, Tala Dibenedetto, Edie Bowles, Paula Cardoso, Daina Bray, Rajesh K. Reddy, Regina Paulose

The Year in Review

No abstract provided.

Customs Law, Adrienne Braumiller, David J. Glynn, Geoffrey Goodale, Jennifer Horvath, Harold Jackson, George Tuttle Iii, Dana Watts

The Year in Review

No abstract provided.

Russia/Eurasia, Kimberly D. Reed, Timur Bondaryev, Denis Karimov, Anton Rekun, Tetiana Storozhuk

The Year in Review

No abstract provided.

Middle East, Kelly Blount, Harry Baumgarten, Nicolas Bremer, Gaurav Redhal, Seyed Mohsen Rowhani, Howard L. Stovall, Catherine Van Kampen

The Year in Review

No abstract provided.

Women's Interest Network, Julie King, Christine Korper, Abiola Afolayan, Marie Elena Angulo, Michela Cocchi, Angela M. Gallerizzo, Dolly Hernandez, Margaret Kamm, Dana Katz, Kendra Muller, Sierra Paola, Vanessa Romero Rocha, Aina Serret, Sandhya Taneja, Catherine Van Kampen

The Year in Review

No abstract provided.

International Criminal Law, International Courts, And Judicial Affairs, Manish N. Bhatt, Giovanni Chiarini, Katherine Maddox Davis, Beth Farmer, Timothy Franklin, Cyreka C. Jacobs, Stéphane De Navacelle, Sara L. Ochs, Alexander S. Vesselinovitch, Melissa Ginsberg, Marc Weitz, Julie Zorrilla

The Year in Review

No abstract provided.

International Tax, Giovanna Bernal, Paul D. Carman, Wiebe De Vries, Sunita Doobay, Johan Myrén, Michael Robinson, Dave Sherwin

The Year in Review

No abstract provided.

International Transportation Law, James Henry Bergeron, Attilio M. Costabel, Andrew M. Danas, Gregory C. Maddaleni, Rebecca Fenneman

The Year in Review

No abstract provided.

South Asia/Oceania & India, Namrata P. Rastogi, Aseem Chawla, Soniya Dodeja, Sanjay Notani, Naghm Ghei, Amit Gupta, Vidhi Goel, Hari Sankar Mahapatra, Katherine Maddox Davis, Alisa Rukbankerd

The Year in Review

No abstract provided.

China, Yanling Zheng

The Year in Review

No abstract provided.

Canada, Jacob Mantle, Danny Yeo, Peter Jarosz, Tayler Farrell, Gannon Beaulne, Megan Steeves, Adam Mauntah, Salma Kebeich

The Year in Review

No abstract provided.

A Principled Approach To Equitable Compensation Undea Principled Approach To Equitable Compensation Under Erisa § 502(A)(3)R Erisa § 502(A)(3), Gabriel Juedemann

University of Chicago Law Review

In many cases, a beneficiary of an employee benefit plan suffers an injury due to a fiduciary’s misfeasance, but the beneficiary does not have a claim under ERISA’s benefit-recovery provision. In these circumstances, the beneficiary’s only path to relief is § 502(a)(3)’s authorization of “appropriate equitable relief.” But whether that provision permits monetary compensation when a beneficiary sues a fiduciary is a question the Supreme Court has not cleanly resolved, and circuit courts have fractured as a result.

This Comment argues that equitable compensation—or surcharge—should be available under § 502(a)(3) when a beneficiary sues a fiduciary, but only under certain …

Extradition In The Early Republic: International Law And Constitutional Authority, Curtis A. Bradley

University of Chicago Law Review

This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …

Establishing A Right To Civil Transcription, Shruti Bax

University of Chicago Law Review

Court reporters have long been a fixture of American jurisprudence, but tightening state budgets and a nationwide shortage of certified reporters have left many state court civil proceedings without any form of verbatim transcription at public expense. While litigants with means can hire private court reporters to accompany them to their proceedings, indigent parties must go without—even though the absence of a transcript is often deadly to one’s chances of prevailing on appeal, no matter how meritorious the claim.

In the 1956 case Griffin v. Illinois, the Supreme Court held that the principle of equal justice demands that “[d]estitute defendants …

The Coming Health Insurance Transition, Brendan S. Maher

Faculty Scholarship

For decades, the dominant form of private health insurance in the United States—by far—has been employment-based group health insurance. Somewhere in the range of 175 million employees and their families receive health care coverage through a system in which employers serve as financiers, procurers, administrators, and fiduciaries of the health insurance promise. An overwhelming percentage of those health insurance arrangements are governed by ERISA, with little room for state law.

That is going to change.

This Article explains—for the first time anywhere—why and how. Because of the tremendous and as-yet unrecognized power of an obscure-sounding funding arrangement called the Individual …

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Scientific Uncertainty As Political Aggression: A Manifesto For Those Who Value Science And Want To Save It From State And Corporate Control, Stephen Demeo

Publications and Research

A manifesto is an opportunity to publicly express strongly held beliefs about a topic that is personally important to an author. It is analytical as it is creative. “Scientific Uncertainty as Political Aggression” is a manifesto that intersects science and politics. It urges those interested in science to examine two different but related topics: scientific uncertainty in measurement—what it is, how it is determined, why it’s important— and the magnification of uncertainty through legal and linguistic tactics used by right-wing politicians and politically supported corporations.

For some time now, the Republican Establishment has cast excessive doubt on scientific findings through …

Ai Slop, Jessica Silbey, Woodrow Hartzog

Faculty Scholarship

The term “AI slop” has become popular to describe the output of generative AI systems seen as voluminous, low quality, or the result of little effort. When AI-generated music and videos flood platforms, they are called slop. Peer-reviewed journals and legal tribunals are drowning in low-quality and low-reliability AI slop submissions.  Employees are seen to be producing mountains of slop in their reports and communications with each other. The term has inertia and heft, and the phenomenon has significant consequences. Most of them are not good.

But the boundaries of “AI slop” and its usefulness in policy discussions are not …

Bank Indonesia's Floating Rate Notes (Bi-Frn) And Federal Reserve Instruments: A Comparative Analysis From An Institutional-Legal Perspective, Abdul Madjid Podungge

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This paper analyses the legal validity of Bank Indonesia's Floating Rate Notes (BI-FRN) following the Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) from a public law viewpoint. Doctrinal legal research utilises statutory, conceptual, and comparative methodologies, augmented by literature network visualisation, to pinpoint structural deficiencies. The network analysis reveals a significant divide between technical financial transactions and administrative legal oversight. The findings indicate that Article 11 of the P2SK Law enforces a stringent priority clause that centres monetary policy solely on Rupiah stability. This legal barrier prohibits abuse of power by …

Two Paths Of Criminal Law Reform: From Shared Colonial Legacies To Divergent Legal Trajectories In Indonesia And Malaysia, Ade Adhari, Charisse Evania Tansir

Indonesia Law Review

Despite sharing colonial legacies in the development of their criminal law systems, Indonesia and Malaysia have pursued markedly different paths of criminal law reform, reflecting their distinct legal traditions and legislative philosophies. This article examines how these divergent reform trajectories are manifested through a comparative analysis of Indonesia's Law Number 1 of 2023 on the Criminal Code and Malaysia's Penal Code (Act 574). Focusing on three analytical dimensions—the principle of legality, criminal responsibility, and sentencing policy—the study adopts a normative legal research method supported by statutory, conceptual, and comparative approaches. Legal materials were collected through library-based research and analysed qualitatively …

How U.S. Legal Stagnation Can Be Aided By Decolonization, Marquel Gardner

McNair Summer Research Program

Decolonization is a term often used to present a simple shift from colonial thinking, heavily maintaining the establishment of colonial systems today. However, this usage oversimplifies and overshadows the word’s key purpose. Common proclamations of the term forgo the fundamental indigenous essence behind the word. Doing so, we not only strip the word of its inherent power, but obstruct further possibilities for actual decolonization to appear in our world. Many argue that the U.S. legal system, a product of colonial factors, has reached an alarming state. Our current legal, political atmosphere gears not towards justice or morality, but fascism and …

“When I’M Not Heard, I Feel Like I Don’T Matter”: Advancing Equity In Disability Policy Through Critical Participatory Action Research With People With Intellectual Disability, Cris Marchionne

Student Theses

People with intellectual disability deserve a system that offers flexible, timely, and person-centered support — one that is innovative, sustainable, and holistic in enabling them to live fulfilling lives. This qualitative study, grounded in Critical Participatory Action Research (CPAR), examines how people with intellectual disability experience participation in decision-making within New York State's disability service system. By centering lived experience, the study identifies factors that facilitate or hinder participation in decision-making and examines structural, social, and policy-related barriers that limit agency. Through six focus groups and a Photovoice project with self-advocates receiving OPWDD services, participants described systemic barriers that limited …

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …