Digital Commons Network^™

2025 Sumner Canary Memorial Lecture: Perspectives On Judicial Restraint In Modern Originalism, Honorable Patrick Bumatay

Case Western Reserve Law Review

No abstract provided.

Balancing The Barre: Judicial Approaches To The Analysis Of Copyright Infringement Claims Of Choreographic Works, Sylvia R. Ofoma

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Uncovering The Keystone: Case Study Of The Ubs Art Collection Gift, Loan And Contemporary Voices Exhibition At Moma In 2005 - Twenty Years Later, Maria Glikman Yamarakov

MA Theses

This research aims to reconstruct foundational history of the Case, based on the publicly available sources. Using the established factual background to test the significance of each of the three major assumptions, referred traditionally as motivation behind the studied Case undertaking. Through critical analysis this Thesis targets to uncover the keystone of this Case and use it as the background to introduce the governance Duty of Stewardship concept in the corporate collection context. Assuming the introduced concept sustains initial analysis, assess its potential value for further strategic development of the corporate collections of the contemporary art.

Between ‘Technology Futures’: How Standards Are Transforming Digital Trade, Craig Atkinson

Centre for Digital Law

Digital trade relies on technical standards. As information technologies advance, international digital standards make the technologies used in trade – or ‘tradetech’ – more interoperable, scalable, and secure.

A wide range of tradetech use cases depend on digital standards, including those for document formats, electronic signatures, digital identity, and cybersecurity. They also encompass system specifications for cross-border payments, electronic transferable records (ETRs), transportation/logistics, trade facilitation, and financial compliance.

Most digital standards are voluntary and are produced by international Standards Development Organisations (SDOs) alongside a growing number of industry-led consortia.

How We Failed Our Children By Failing Them: A Legal Analysis Of Scrapping Of No-Detention Policy In India, Debargha Roy, Sarthak Sahoo

National Law School of India Review

The ratification of the Convention of the Rights of the Child by India in 1992 obligated her towards developing legislation and interpreting laws in harmony with the convention in a child-centred manner to protect the best interests of the child. With the reading of right to education as a part of Right to Life under Article 21 of the Indian Constitution by the Supreme Court, followed by the insertion of Article 21A by the Parliament that guaranteed the right to free and compulsory education to children from the age of six to fourteen, there was a need to introduce a …

An Excellent Genealogy Of The Core Concepts Of Indian Contract Law: A Review Of Dr. Shivprasad Swaminathan’S “A Historical Introduction To Indian Contract Law” (Routledge 2025), Katy Barnett

National Law School of India Review

This review discusses Dr Shivprasad Swaminathan’s new book, ‘A Historical Introduction to Indian Contract Law’, including his discussion of the history of Indian contract law, formation of contracts, contractual consideration, privity, contractual vitiating factors, frustration, damages and stipulated sums, and unjustified enrichment. As noted in the last chapter of Dr Swaminathan’s book, the discussion goes to the very heart of the common law itself and how it operates. We can all learn from the Indian experience of codification.

An Originalist Interpretation Of Article Iii Permits And Favors Bivens Actions As A Recognition Of The Intrinsic Connection Between Rights And Remedies, Shrivathsan Margam S

Mitchell Hamline Law Journal of Public Policy and Practice

The Bivens Doctrine, which stands for the principle that judges may infer private causes of action for money damages against federal officers from a constitutional text that does not expressly create such remedies, has faced attack from Originalists on the Supreme Court of the United States. Every case seeking to extend the Bivens principle to a new context meets rejection from the Court with concurrences calling for overturning it altogether. This Article will argue that an Originalist approach to interpreting the Constitution, specifically the Original Methods subset of the ascendant lens of Original Public Meaning, permits and counsels in favor …

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …

What Is Hate Speech? A Proposal For An Ordinary And Legal Definition, Hannah Van Dijcke

SJD Dissertations

The term “hate speech” has been stretched in legal and public debates to cover speech ranging from insults to Holocaust denial. This definitional stretching has consequences beyond mere conceptual confusion: it risks obscuring the profound harm that hate speech does, and it facilitates the term’s misuse.

In this dissertation, I aim to precisely define hate speech and its harm, both in an ordinary (colloquial or non-legal) sense and in a legal sense. To do so, I examine real-world examples of speech widely understood to express hate, including texts from the context of the Holocaust and the Rwandan genocide, and conduct …

The Trial Of Socrates, Jonathan Van Patten

Faculty Publications

In many important ways, the trial of Socrates was not just the trial of the century, nor even the trial of the millennium. It predated the trial of Jesus, which is important for many other reasons, but Socrates’ contribution to how we think about justice and the rule of law is without equal. This Article explores the ways that this fifth-century B.C. trial, located geographically on the margin of what came to be known as the West, is at the center of what makes us a civilization. It is not simply about the drama, nor the politics of free inquiry, …

The Myth Of The Second Amendment, Laura Muna-Landa

CGU Theses & Dissertations

This dissertation traces the evolution of the United States Supreme Court’s interpretation of the Second Amendment, which shifted from a constitutional provision grounded in collective security and concerns about tyranny to a modern doctrine emphasizing an individual right to possess firearms. It contends that post-Heller (District of Columbia v. Heller (2008) decisions do not simply “apply” founding-era intent to modern circumstances but instead reflect a significant doctrinal reconstruction that now shapes both gun policy and public perceptions of constitutional meaning. This research first reconstructs the founding-era context, then tests explanations of judicial behavior, and finally applies that framework to Heller, …

Process Failures, Unremedied Harms, And Students With Disabilities, Claire Raj

Emory Law Journal

Although the Individuals with Disabilities Education Act (“IDEA”) has long aimed to extend what it calls a “free appropriate public education” to all students with disabilities, one demographic group—students from lower-income homes—has consistently been left behind. Securing a remedy under the IDEA’s highly technical rules and impermeable evidentiary standards increasingly requires the assistance of both lawyers and experts, neither of whom are easily accessible to lower-income families. This inaccessibility subverts Congress’s original intent. Congress infused the IDEA with robust procedures to ensure two equally important substantive ends. First, procedures were meant to ensure meaningful parent participation and provide parents with …

Bundle Of Bytes: The Legal And Ethical Considerations For The Transfer, Ownership, And Disposition Of Digital Assets, Wendy Donelan Madsen

South Dakota Law Review

The right to transfer, own, and dispose of one’s assets after death is one of Americans’ most cherished rights. For most of the last century, Americans primarily held tangible assets, which were sufficiently managed through estate administration laws. Some key rights, such as transferring, owning, and disposing of tangible assets, are well understood by the bundle of sticks analogy common in property law. However, in the twenty-first century, Americans have accumulated significant digital assets that also require transfer, ownership, and disposition. Yet the current laws governing intangible assets do not adequately address these needs. Therefore, the bundle of bytes offers …

Legal Turbulence: Addressing Unresolved Questions In Civil Aviation Through Judicial Adjudication, Arthur Shirichena

Journal of Air Law and Commerce

The increasing complexity of international civil aviation has outpaced the mechanisms currently available for the peaceful resolution of disputes. While aviation has long been governed by treaties such as the Chicago Convention of 1944 and managed through institutions like the International Civil Aviation Organization (ICAO), many emerging issues remain unresolved by these frameworks. Questions concerning the interaction between aviation and competition law, the legality of air blockades and no-fly zones, and the definitional ambiguities surrounding dual-use technologies such as weaponized aircraft or unmanned aerial systems have created pressing normative and jurisdictional challenges. This Paper argues that the establishment or empowerment …

The Nfl’S Collision With Antitrust Law: A Strategy For Defending The National Football League’S Joint Agreements With Streaming Providers, Jack Mays

Chapman Law Review

The next frontier of sports broadcasting is here. Media consumption has shifted dramatically in recent years. Streaming services have become the preferred medium for television shows and movies, and sports broadcasts have expanded beyond traditional cable to streaming services. Given this reconfiguration of public behavior, the Sports Broadcasting Act (SBA)—a 1961 exemption to antitrust law—should be construed to allow the National Football League (NFL) to collectively negotiate with streaming providers like Amazon Prime Video, Peacock, and Netflix.

The SBA exempts joint agreements between professional sports leagues and broadcasters from antitrust scrutiny when those agreements involve the “sponsored telecasting” of games. …

Student Scholars: Access-To-Justice Research In The Law School Direct Representation Clinic, Claire Johnson Raba

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Historic Trade Union Law Revision To Expand The Concept Of Employer In Korea, Aelim Yun

Dispatches

This dispatch illustrates the impact of the amendments on Korea’s legal framework for collective bargaining and strike action, and predict the impact of the amendments on the guarantee of collective labour rights, in particular for workers in non-standard forms of employment.

Family Law Agreement And The New Gender Bargains, June Carbone, Brian H. Bix

Articles

The great family law divide is said to be marriage, as marriage has emerged as a marker correlated with race and socioeconomic status. This article argues that the real family law divide, inside and outside of marriage, is agreement. Family law, and the family court system that implements it, produce agreement when legal rules, societal norms, and family court procedures operate together to encourage shared understandings expressed through statuses such as marriage or parenthood, and legally enforceable agreements. In an increasingly unequal society, the family understandings of the college-educated middle class have moved apart from those much less privileged in …

Legal Professional Identity Development: An Exploration Of The Social And Emotional Processes By Which Law Students Transition From Novices To Professionals, David Hall Abney Ii

Theses and Dissertations--Communication

This dissertation seeks to heed the call for expansion of instructional communication research (ICR) beyond the undergraduate classroom and undergraduate learning objectives by exploring older learners and higher-order affective learning objectives. Legal professional identity development (LPID) is a discipline-specific type of higher-order affective learning that is conceptualized as a continuous nonlinear process that begins in law school and extends throughout a lawyer’s career, involving the internalization of the legal profession’s core values and norms and their integration with an evolving identity. Using a pragmatic ICR approach and a mixed-methods design, Phase 1 employed individual interviews and focus groups to investigate …

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

An Empirical Examination Of Law Student Attitudes Toward Legal Writing With Generative Ai, Abigail L. Perdue

SMU Science and Technology Law Review

Amid mounting predictions that generative artificial intelligence (AI) will substantially disrupt legal education, legal writing professors grapple with how and when to integrate generative AI into the classroom. While some believe that it should be woven into existing courses and integrated across the curriculum, even in the first year, others contend that it is better reserved for discussion in upper-level courses dedicated to AI-assistance. Yet it remains unclear which approach will best prepare graduates for the modern practice of law. Indeed, some scholars caution that permitting law students to use generative AI to complete their legal writing coursework, particularly in …

The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell

Saint Louis University Law Journal

With the end of the Cold War, United States presidents have shown growing disinterest in complying with the United Nations Charter prohibition on the use of force. Their legal advisers have based justifications for resort to military force on ever thinner legal grounds to the point that justifications appear to focus only on the legal principles governing the conduct of military force, not on the right to resort to force in the first instance. Samuel Moyn captured the phenomenon in his book, Humane: How the United States Abandoned Peace and Reinvented War. The phenomenon of decline has not stopped with …

United States Internal Displacement Policy In The Era Of Climate Change, Bashar Zaheer

Saint Louis University Law Journal

At the outset of 2025, the United States was greeted with a series of unprecedented wildfires sweeping through Los Angeles, causing immense damage to property and loss of lives, while thousands were forced to evacuate their homes. This came just months after flooding from Hurricane Helene hit North Carolina and surrounding States, causing at least 130 deaths and rendering many residences uninhabitable. Despite this deepening crisis, the identification and protection of the rights of climate refugees and Internally Displaced Persons (“IDPs”) remains a burgeoning topic internationally, and even more so in the domestic context of the United States. As described …

The End Of Asylum: Biden, Trump, And Latin America In Crisis, Ernesto Sagas, Ediberto Roman, Richard T. Middleton

Saint Louis University Law Journal

When Rosa crossed the Rio Grande in the summer of 2022, she sat to rest on the U.S. side of the muddy river that serves as the international border with Mexico. After weeks of a trip that took her from her hometown in Cuba to Nicaragua, Honduras, Guatemala, and across the length of Mexico, she was physically exhausted and emotionally drained. Instead of a sense of great fear of being discovered by U.S. authorities, she felt a sense of relief upon seeing them, even calling her relatives before the authorities made it to her to let her family know that …

Discipline And Punishment, Frank Rosenblatt

Journal Articles

Armed forces must be disciplined, but two bodies of international law relating to military discipline are in tension. On the one hand, international humanitarian law requires armed forces to employ robust disciplinary measures to deter and address military misconduct. On the other hand, some international human rights law scholars recently singled out military disciplinary measures as insufficiently protective of soldiers from unfair treatment. Advocates of this new approach proposed to remedy disciplinary unfairness by permitting soldiers to opt out of disciplinary proceedings and elect military criminal trials instead. This Article critically examines four of the underlying assumptions of this new …

The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt

Journal Articles

The International Military Tribunal at Nuremberg (IMT), the most famous and arguably most important international criminal trial in human history, almost did not occur. In fact, it might even be an accident of history that the most senior perpetrators of the Nazi regime’s atrocities eventually faced the courtroom instead of summary execution. That their fate was decided by rights over might has shaped the world; helped birth the fields of international criminal law and international human rights law; and become the starting point for conversations about international law, transitional justice, genocide, and human rights.

Goodbye, Nomcompetes? Policy Diffusion And State-Level Reforms, Lorenzo G. Luisetto, Norman D. Bishara

Law Faculty Articles and Essays

Post-employment non-competition agreements (“noncompetes”) have been part of the common law dating back to at least 1414. The past 16 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on hold for the foreseeable future, the spotlight shifts back to the states where innovation in noncompete policy is blossoming. In this study, we systematically explore the legislative and policy trends reshaping the U.S. noncompete landscape. We propose a novel typology of these reforms and apply a …

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.