Digital Commons Network^™

Discourse And Ideological Strategies In Presidential Campaign Speeches Of Mr Peter Obi, Richard Oliseyenum Oliseyenum Maledo, Rita Ejiro Enisire

International Review of Humanities Studies

Studies on political speeches in Nigeria have focused essentially on the speeches of political office inaugural speeches and speeches of political office holders, while not much appears to be done on the speeches of candidates who did not succeed in the election. Thus, this study undertakes a critical analysis of discourse and ideological strategies in the presidential campaign speeches of Mr Peter Obi, the presidential candidate of the Labour Party, in the 2023 presidential election in Nigeria. Mr Peter Obi's speech in Akwa Ibom State is purposively selected as our data for this study, and Van Dijk’s socio-cognitive approach to …

Unfit For Human Consumption: A Bone To Pick With Boneless Wings, H. Beau Baez

Akron Law Review

This article examines defective food laws after the Ohio Supreme Court held that “boneless” in boneless chicken wings does not mean “without bones.” The result in this case is a man with permanent injuries was precluded from recovering damages after eating a menu item described as “boneless.”

The article begins by discussing the case, Berkheimer v. REKM, and the rationale used by the court for allowing summary judgment against the plaintiff.  Next, the article examines legal history, beginning with 13^th century unwholesome food statutes.  This section demonstrates that the law for unwholesome food, until the 20^th century, …

Bankruptcy Judging After Williamson, Vincent S.J. Buccola

BYU Law Review

This Essay asks how bankruptcy judges ought to orient their substantial, statutory discretion in business reorganization cases. The motivating observation is that bankruptcy law enacts a kind of forced integration of productive assets. To shed light on the contemporary problems that bankruptcy judges face, I thus look to two classic approaches to the economic theory of the firm—from Oliver Williamson and from Oliver Hart. I conclude that nonjudicial institutions have largely surmounted the problems to which their theories point, leaving a different, and probably narrower, set of issues to worry about. Bankruptcy judges who have a notion that their job …

Training On "Learn The Signs. Act Early." In Head Start And Early Head Start Shows Ineffective Without Supporting Implementation Policy, Kayla Livingston, Mary O'Donnell, Kate G. Barlow

Developmental Disabilities Network Journal

Early identification and intervention for children with developmental delays improves child outcomes, yet many children are not monitored, screened, or identified early despite its effectiveness. The relationship between the use of the Centers for Disease Control and Prevention’s “Learn the Signs. Act Early.” developmental monitoring program and referrals to intervention services is not well understood. This study investigated how “Learn the Signs. Act Early.” implementation practices within Massachusetts’ Head Start and Early Head Start agencies correlated with the rate of referrals to intervention services. Researchers utilized a non-experimental quantitative design. Secondary data on referral rates from Head Start and Early …

Educating Medical Trainees On Mental Healthcare And Intellectual And Developmental Disabilities, Andrea Palmieri, Joan B. Beasley, Micah Peace Urquilla, Jennifer Mclaren

Developmental Disabilities Network Journal

Many children and adults with intellectual and developmental disabilities (IDD) experience mental health conditions and commonly receive treatment with psychotropic medications. Prescribers often overuse these medications in children with IDD, who are frequently treated with polypharmacy and antipsychotics, a trend that continues into adulthood. Medical trainees receive little training regarding the IDD patient population. This paper describes the development and evaluation of an evidence-informed, easy-to-use training curriculum. The 6-hour training establishes a foundation for medical trainees regarding the treatment of mental health conditions in people with intellectual and developmental disabilities (IDD-MH) as part of an integrated health, interdisciplinary treatment approach. …

Reprioritizing International Patent Law, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Over the past half-century, rapid technological change and globalization have reshaped innovation and intellectual property, yet the foundational international agreements anchoring the global patent system have remained essentially unchanged. The drafters of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) viewed these agreements as dynamic instruments that, through procedural coordination, would rationalize international patent administration. The Paris Convention has resisted reform for decades, however, while the PCT has failed to achieve its goals of reducing examination workloads and fostering worksharing among national patent offices. It now exacerbates the very inefficiencies it sought to …

The Federalism Canons As Ordinary Interpretation, Anthony J. Bellia Jr., Bradford R. Clark

Northwestern University Law Review

Scholars remain generally skeptical of substantive canons of statutory interpretation even as courts continue to employ such canons in important cases. Unlike semantic canons, which help judges discern the best meaning of statutory text in context, substantive canons provide tiebreakers when the text is unclear or require special clarity in order for the text to perform certain functions. Among the substantive canons, the so-called “federalism canons” have been singled out for special scrutiny. The federalism canons are a family of canons that require courts to avoid interpreting an act of Congress to divest states of certain sovereign rights or powers—including …

The Establishment That Time Forgot: The Historical Understanding Of Religious Offenses And Their Unconstitutionality In Modern Law, Benjamin J. Citow

Northwestern University Law Review

This Note argues that religious offenses, meaning laws which penalize conduct for religious purposes, should be barred by the Establishment Clause of the Constitution, as the Clause was interpreted in Kennedy v. Bremerton School District. This is because Kennedy interpreted the Establishment Clause to prohibit each of the several types of laws which early Americans associated with religious establishment—the historical practice wherein early states would adopt a religion as the state religion and pass various types of laws for its support. And religious offenses, this Note argues, were amongst the types of laws which early Americans so associated with …

Beyond Elrod: Extending The Presumption Of Irreparable Harm To The Second Amendment, Roland Kim

University of Chicago Legal Forum

In response to gun violence, many states have attempted to implement gun control laws. Some of these gun control laws have been challenged under the Second Amendment, with parties seeking preliminary injunctions to halt these laws’ enforcement until a final judicial decision has been reached.

In legal disputes over whether to grant a preliminary injunction over various gun control laws, circuits are split as to whether an alleged violation of the Second Amendment is presumptively irreparable, i.e., unable to be adequately remedied after a final judgment. In the First Amendment context, the Supreme Court established in Elrod v. Burns that …

When Disaster Strikes: Assessing The Takings Clause In The Context Of Government-Caused Property Destruction, Abby Berman

University of Chicago Legal Forum

In rare but dire emergencies, the government must destroy the property of innocent homeowners to prevent further harm to a community. Although the law often forgives such destruction to protect the public good, courts have inadequately resolved how to compensate innocent property owners for their losses. This Comment unpacks how doctrine has split among circuit courts regarding whether the Takings Clause requires just compensation for innocent property owners whose property has been destroyed by government action in response to an emergency. As a resolution to this circuit split, this Comment proposes that courts should adopt a multi-factor test, utilizing the …

Killer Heat: The Disaster Fema Refuses To Own, Robert R.M. Verchick

University of Chicago Legal Forum

Extreme heat, also known as a “heatwave,” is by far the leading weather-related cause of death in the United States.1 In 2023, extreme heat took 2,300 lives—more than all the deaths attributed to hurricanes, earthquakes, tornadoes, droughts, wildfires, winter storms, and floods combined. Harms from extreme heat, which are especially severe in disadvantaged communities, will only increase as the climate continues to break down. Despite these facts, in more than 70 years of comprehensive disaster response, no president has ever declared a “major disaster” based on extreme heat, nor has the Federal Emergency Management Agency (FEMA) ever recommended he do …

Majority Rule And Bankruptcy Resolution Of Mass-Harm Events, Sarah Paterson, Adrian Walters

University of Chicago Legal Forum

Mass-harm events invariably precipitate mass tort liabilities. Since the enactment of the Bankruptcy Code in 1978, firms have resorted to Chapter 11 to address mass tort claims in cases involving asbestos-related disease, defective products, the opioid crisis, and historic sexual abuse. Of late, the use of bankruptcy to resolve mass tort claims has been the subject of sustained criticism from inside and outside bankruptcy law’s professional and academic communities. Much of this has been provoked by the Purdue Pharma filing and the bankruptcy court’s approval of a plan of reorganization that created a liability shield for the Sackler family in …

Vaccines For Pandemics: Lessons From Covid-19 For H5n1 And Beyond, Alison Mccarthy, Michael S. Sinha

University of Chicago Legal Forum

The COVID-19 pandemic brought unprecedented challenges to vaccine development and distribution. Never before has a vaccine been developed so quickly and distributed so rapidly. But compared to past pandemics and public health crises—like polio or even the more recent H1N1 pandemic—the United States government’s COVID-19 vaccine strategy depended greatly on the private sector.

COVID-19 vaccines were credited with saving millions of lives worldwide, but private companies reaped these rewards, retained their patent rights, and profited from the vast and pressing need for their vaccines. Now, five years later, not every company views its vaccine work as a success. Financial hits …

Emergencies, Alien And Domestic, Samuel Issacharoff

University of Chicago Legal Forum

Democracies survive some emergencies, even emerging stronger after some crises despite temporary suspensions of liberty. Democracies die when faced with other emergencies. This Article explores why. It addresses the claimed need to limit rights of electoral participation in response to the rise of antidemocratic forces through the lens of militant democracy in Europe and the Insurrection Clause of Section Three of the Fourteenth Amendment in the United States. When examined through the context of claimed exigency, the ability of democracies to survive or even thrive after emergencies turns heavily on whether the source of the perceived threat is foreign or …

Of Blood And The Buddha: A Nichiren Primer On Counseling Clients, John W. Teeter Jr.

Florida Journal of International Law

Should you pray when you bleed? More specifically, should a Buddhist woman refrain from chanting and reciting from the Lotus Sutra during her menstrual cycle? This was the query fielded by the fiery prophet Nichiren in 1264 in Kamakura, Japan. Nichiren's response, however, is far more than a doctrinal resolution of an esoteric theological uncertainty. To the contrary, Nichiren's advice is a model of analysis, common sense, and compassion that today's attorneys would be wise to emulate. As set forth below, Nichiren's cautious, sensitive, and pragmatic approach provides an enlightened template on how we can best counsel our clients in …

Due Process In The Brazilian Presidential Impeachment, Ricardo Perlingeiro

Florida Journal of International Law

This Essay discusses the applicability of the U.S. notion of procedural due process of law to the presidential impeachment process within the Brazilian Constitution. It takes a critical approach based on the Inter-American system of human rights protection and includes a comparison with the European human rights model. The analysis is illustrated by means of the Brazilian Federal Senate's impeachment of Dilma Rousseff on August 31, 2016 on charges of having "opened additional lines of credit by presidential decrees, without the authorization of the National Congress," and "(illegally) entering into loan transactions." As a result, the ex-President Rousseff was removed …

Women In Law And The Draft, Thomas Helgerman, Benjamin David Pyle

Faculty Scholarship

Between 1964 and 1973, women’s representation in full-time law school programs rose fivefold, from 3.7% to 20.1%. This paper examines whether Vietnam War draft policy contributed to this increase. In 1968, men enrolled in law school lost eligibility for 2-S student deferments, threatening law schools’ tuition revenues and incentivizing schools to admit more women to stabilize enrollment. To test this mechanism, we construct a school-by-year dataset of enrollment counts split by women/men and full-time/part-time status. Using a uniform adoption difference-in-differences design, we find that women’s representation rises by 2 percentage points in full-time programs relative to part-time programs (which were …

Burdened Communities, Beleaguered Wombs, & Barren Choices: The Impact Of Dobbs On Environmental And Reproductive Justice, Emily R. Rudo, Elizabeth E. Sharp, Michael R. Desjardins

Journal of Health Care Law and Policy

No abstract provided.

From Reform To Reality: Assessing The Impact Of The Revised Common Rule On Informed Consent, Christopher R. Trudeau

Journal of Health Care Law and Policy

No abstract provided.

“I Like My Eighteenth Century Fresh”: Geofence Warrants, General Warrants, And The Evolving Fourth Amendment, Alexa M. Mascaró

University of Miami Law Review

Almost 250 years ago, our Founding Fathers fought to create a nation free from the confines of British imperial rule. Outrage over governmental intrusions enabled by suspicionless general warrants and writs of assistance galvanized an American polity determined to prevent the abuses that had come to define colonial life. The Fourth Amendment was enacted as a response to executive overreach, and it was deeply informed by the fraught history that led to its adoption—a history that is still used by courts today to define constitutional protections.

In the digital age, the rapid speed of technological innovation has created a precarious …

Roman–Dutch Law, Scottish Civil Procedure And Fusing Of The Common And Civil Jurisprudence, Zia Akhtar

Notre Dame Journal of International & Comparative Law

The range and breadth of Roman law have extended and been assimilated into the distant corners of Europe based on the concept of Jus Commune. Law of Scotland is one of the countries which has adopted Roman legal principles in its substantive law. The Scots law is a non-codified Civil law in which legal principles have been drawn from both the civilian (i.e. Roman law) and common law traditions. It also owes its evolution to the jurists who developed the causes of action in the civil courts of the country. These Roman law foundations still persist in Scottish law and …

Volume 16 Issue 1 – Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Question Of “Territory” In The Wto Jurisprudence: A Critique Of Panel's Decision On Us-Origin Marking Requirement Dispute, Yuanyuan Ren

Notre Dame Journal of International & Comparative Law

This article draws on the US—Origin Marking Requirement case study to critically examine the concept of “territory” under the World Trade Organization (WTO) law, particularly in relation to trade with contested territories among WTO members. It argues that while trade with contentious territories is not explicitly covered in current WTO rules, WTO law does provide a regulatory framework for tackling such issues. Nevertheless, resolving trade disputes involving contested territories at the WTO remains challenging, particularly due to the limited discussion on the notion of “territory” and the national security exceptions in WTO jurisprudence. The US—Origin Marking Requirement case marks the …

Papal Jurisprudence, Chad Marzen, William Woodyard

Notre Dame Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of The Rule Of Lenity And National Power Structures, Albert Kwon

Notre Dame Journal of International & Comparative Law

No abstract provided.

Queer Of Color Critique And The Politics Of Epistemic Agency: Rural Educators Desettling Curricular Expectations, C.A. Langerud, Madelaine Adelman, Daniel D. Liou

Journal of Queer and Trans Studies in Education

The purpose of this research is to use queer of color critique (QOCC) as an analytical framework to explore rural K-12 educators’ epistemic agency. The research focuses on educators’ engagement with a national initiative by an advocacy organization to distribute LGBTQ+ and racially diverse books to K-12 schools. The analysis centers on the educators’ praxis of epistemic agency against settled expectations associated with including queer and trans People of Color’s (QTPOC’s) stories in their schools. Our findings on educators’ epistemic agency center on three areas of knowledge and activity. First, educators demonstrate their ability to be aware of their local …

Ajay (Ajay) V. State, 142 Nev. Adv. Op. 4 (Jan. 15, 2026), David Elder

Nevada Supreme Court Summaries

A waiver of Miranda rights is invalid if the rights are only explained in English and the criminally accused individual has limited English proficiency.

Cultural Superimposition In Humanitarian Protection, Jocelyn B. Cazares Willingham

Seton Hall Law Review

No abstract provided.

From Contracts To The College Football Playoffs: Stephen Harper’S Unlikely Path To Iu Athletics, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

On Monday night, as the Indiana University football team takes the field with a national championship on the line, Stephen Harper ’11 will be where tens of thousands of IU alumni wish they could—on the sidelines of Miami’s Hard Rock Stadium.

For Harper, Indiana’s chief operating officer for athletics, the moment is the culmination of a journey that began far from packed stadiums and playoff spotlights. Before contract negotiations, NIL policy, and Big Ten championship trophies, Harper was a high school English teacher and basketball coach at Bloomington North High School.

Expansion Of Federal Benefits To Non-Native Adopted Children, Anna-Grace Hockensmith

American Indian Law Journal

There is palpable tension between tribal sovereignty and federal administrative control in the distribution of federal benefits to members of Tribal Nations. This tension is felt by adopted non-Native children who might struggle to receive federal benefits even though the tribe of their adopted parent(s) has accepted them as a member. This Note explores how adoption of a non-Native child by a tribal member intersects with tribal membership and whether that membership should be enough for the child to receive federal benefits.

The Note discusses four main topics, including: (1) tribal membership, adoption, and current federal enrollment criteria; (2) an …