Digital Commons Network^™

Place Names And Presidential Control, Austin Kruse

Northwestern University Law Review

Since the start of his second term, President Trump has issued executive orders at an extraordinary pace, using them to advance a broader ideological agenda across the administrative state. While scholarly attention has largely focused on the most sweeping of these directives, less prominent orders raise similar concerns about the reach of presidential power. This Note examines one such order: Executive Order 14,172, which directs the renaming of the Gulf of Mexico and Denali and expands presidential influence over the U.S. Board on Geographic Names (BGN).

Although geographic naming is ostensibly apolitical, place names are deeply entangled with questions of …

America Has A Problem: How The Student Criminalization Nexus Helps Maintain America's Modern Caste System, Kaela Allen

Northwestern Law Journal des Refusés

No abstract provided.

Impurity And Immigration: The Case Of Pro-Biafran Igbo Activists In Japan, Nnamdi M. Jogwe

Northwestern Law Journal des Refusés

No abstract provided.

The Effectiveness Of Wellness Programs On Public Safety Personnel, Thomas T. Nguyen

Doctoral Dissertations and Projects

Stressful situations have become a common theme that many first responders have encountered while on the job. As more studies have surfaced regarding the causes of stress, the ability to reduce stress while minimizing any adverse reactions that result from them have been minimal. Just as the catalysts for stress are not the same for everyone, the reactions to treatments that are offered will vary in effectiveness. Since not all agencies have programs in place to deal with the mental and physical traumas that affect first responders, the focus will be on one agency that has recently implemented multiple treatment …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Public Utility Law As Anti-Oligarchy Regulation, Ganesh Sitaraman

Fordham Law Review

No abstract provided.

Mobility Without Retention: Reforming The Compact Of Free Association To Address Human Capital Flight, Ellery Miller, Porter O'Reilly

Brigham Young University Prelaw Review

In the aftermath of United States nuclear testing in the Republic of the Marshall Islands (RMI), which rendered several atolls uninhabitable, the country now confronts a different threat: sustained human capital flight. To compensate the RMI for nuclear damages, the United States signed into law the Compact of Free Association (COFA), a treaty structured around three core commitments: (1) defense and security, (2) economic assistance, and (3) unrestricted migration rights. Under COFA, Marshallese citizens may live and work in the United States without a visa, which has resulted in large-scale outmigration of the working-age and educated population. This Note argues …

To Compete Or Noncompete: Lessons On The Impact Of Unenforceable Noncompete Agreements In The Entertainment Industry, Guy Mannick

Washington and Lee Journal of Civil Rights and Social Justice

Economic and legal literature has increasingly focused on how the American legal system fails workers. One way it does so is through employee noncompetition agreements (“NCA” or “noncompete”) that limit a worker’s ability to join another company, often for better compensation and/or more responsibility. Some states enforce NCAs if they are reasonable in scope, geography, and duration; others either prohibit their application to certain types of workers or (as in California) outright prohibit them in most circumstances. More narrowly, new empirical literature about the behavioral effects of unenforceable noncompete agreements raises new questions about the behavioral impact on workers.

This …

Encampments And Property Law, Terry Skolnik

Indiana Law Journal

Although encampments have become increasingly common, they remain under-theorized, especially in the field of property law. Homeless encampments are ubiquitous in many cities. Social movements—such as Occupy Wall Street, the Freedom Convoy Movement, and college campus protests related to the war in Gaza—involve encampments that aim to catalyze social change. Yet surprisingly, legal scholars have devoted relatively little attention to encampments. This is a major oversight. Encampments matter for a range of moral, philosophical, and legal reasons that are hiding in plain sight and generate important theoretical and practical consequences that require deeper scrutiny.

This Article aims to fill this …

Representation In Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Indiana Law Journal

Millions of immigrants in the United States are facing threats of mass deportation under the second Trump Administration. At the same time, the Administration has sought to end federal programs aimed at providing basic information and guidance to immigrants in removal proceedings. In addition, large numbers of immigration judges have been fired from immigration courts that already face massive backlogs. Amidst these upheavals, deportation defense lawyers have come to occupy a more central role than ever in ensuring fairness and due process in immigration courts. Are certain groups of immigrants more likely to obtain legal representation than others? Among those …

"Under The Fig-Tree": Anti-Federalist Conceptions Of American National Identity, Clara Kernodle

Tenor of Our Times

The constitutional convention of 1787 gave America some of her most energetic and exciting few months in American history. The Federalists proposed the Constitution as a replacement for existing government, opposed by Anti-Federalists on principled grounds. Thus ensued a mountain of political writing and propaganda that historians still study today. The Anti-Federalists lost the debate, and then were lost to history. Few Americans have even heard of the Anti-Federalists and even fewer scholars study their writings. But reading and evaluating Anti-Federalist writing is an important part of studying the Founding era and Constitutional debates. The Anti-Federalists, as much as their …

A Problem For Traditionalism, Marc O. Degirolami

Notre Dame JLEPP: In Limine

Prof. DeGirolami explains traditionalism and why it might pose a problem in the United States.

The Vicious Cycle Of 'Disaster-Recovery-Disaster' And Sids: Lessons From The Icj Advisory Proceedings On Climate Change, Chhaya Bhardwaj

William & Mary Environmental Law and Policy Review

The core argument of this Article is that the current theoretical and legal frameworks are insufficient to fully comprehend the circumstances of the Small Islands Developing States (SIDS), which claim to be in a “constant state of recovery or disaster.” The SIDS continue to suffer, as the extreme climate events become more frequent, severe, and compounding. The existing theoretical and legal frameworks assume that every disaster that begins must end, as does the recovery period following the disaster. However, in the case of some SIDS, the disaster or recovery period never ends. For example, sometimes, another disaster strikes even before …

Of Mangroves And Men: Mobilizing Legal Innovations To Protect Coastal Communities From Climate Displacement, Sarah Dorman, Monica Iyer, Kelsey Jost-Creegan

William & Mary Environmental Law and Policy Review

Around the world, there is growing concern that phenomena related to climate change may render coastal areas unlivable in the coming years and decades. Scientific projections indicate that with high greenhouse gas emissions, sea levels may rise upwards of 6 feet by 2100. Studies repeatedly warn that—absent steep and urgent global emissions reductions— places where hundreds of millions of people currently live will be below projected high tide lines for 2100.

In many coastal areas, climate change often impacts historically marginalized, racialized, and low-income communities first and worst. Such communities are often located in more vulnerable areas like flood plains. …

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Medicaid’S Broken Promise To Children, Jerron R. Wheeler

Washington and Lee Law Review

In the United States, poor children’s access to necessary healthcare is determined more by geography than medical need. This variation is not the result of thoughtful local tailoring but of excessive state autonomy and passive federal oversight. The result is a fragmented and unequal system that obscures accountability and fails the Nation’s most vulnerable children.

Building on scholarship showing how decentralized implementation of federal social programs can erode America’s social safety net, this Article examines how one of Congress’s most ambitious entitlements for children—Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit has been quietly undermined. In light of …

Morocco’S Liquid Gold: The Actual And Potential Role Of International Ip Law In The Protection Of The Traditional Knowledge Of Argan Oil, Christen Smith

Student Scholarship

This paper examines the actual and potential role of international intellectual property law in the protection of the traditional knowledge associated with argan oil, a product linked to the cultural heritage of the indigenous people in Morocco and increasingly commercialized globally. The paper starts with a background on the argan forest and the cultural significance of the argan tree. Then, the traditional production method used to extract argan oil is discussed. The paper also covers the rise of women’s cooperatives and how the argan oil industry has economically transformed in recent decades. The next section identifies problems in protecting traditional …

The Domestic Mirror: Tiktok V. Garland, Data Privacy, And Meaningful Free Expression, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

The Myth Of Credit Card Competition, Benjamin Dinovelli

Vanderbilt Law Review

You pay an invisible tax every time you swipe your credit card to pay—whether to buy groceries, grab a coffee, or access transportation. Credit card companies charge merchants to process your transaction, who in turn increase their own prices. These swipe fees are both extractive—higher than the cost of service and the fees in most other countries—and regressive—placing more of the cost burden on lower-income consumers and smaller merchants. Such outcomes are typically associated with firms having material market power. Yet, this market has competition: Consumers choose various cards offered by multiple card issuers, including banks and networks like American …

Practical Reason In The Portfolio Economy: Accept: Amend, Or Abandon, The Flsa?, Kevin Frazier

West Virginia Law Review

No abstract provided.

Is It Credit?, Jim Hawkins

William & Mary Law Review

Earned wage access companies advance money to workers based on wages they have already earned but have not yet been paid. Then, one of three things happens to reimburse the earned wage access provider: (1) the worker’s employer sends the provider money directly, (2) the provider withdraws money from the worker’s bank account on payday, or (3) nothing. The last of these is the most interesting. If the earned wage access provider does not receive the funds from the worker’s employer or bank account, the worker just walks away. Even more remarkable, many providers do not charge any mandatory fees …

Lessons Learned From Global Responses To Criminal Abortion Laws, Cynthia Soohoo

Fordham Law Review Online

No abstract provided.

Law's Limits: Abortion And The Social Determinants Of Health, Maya Manian

Fordham Law Review Online

No abstract provided.

Infinite Justice: A Critique Of Capitalism & Capital Punishment, Anthony P. Farley

UC Law Journal of Race and Economic Justice

Capitalism began in murder. Bodies were marked by slavery, colonialism, and genocide, white to have, and black to have not. Capitalism, “covered in dirt and dripping with blood,” was born of these three “primitive accumulations.” Slavery is death, and just like colonialism and genocide, it is a capital sentence. The law of capital punishment continues this legacy of murder and racism, as if on “rails to infinity.” This article uses insights from the critique of political economy to examine the death penalty, and the role of law generally, in maintaining racial and other inequalities. Law’s Justice enacts an endless repetition-&-forgetting …

Legal Method And Political Time, Odette Lienau, Aziz Rana

Law and Contemporary Problems

No abstract provided.

Icymi (In Case You Missed It): Moody V. Netchoice, Llc And First Amendment Protections For Social Media Platform Expression, Eric T. Kasper

Tulsa Law Review

No abstract provided.

A Tale Of Two Landlords, Christopher J. Ryan Jr.

Kentucky Law Journal

No abstract provided.

Decolonizing The Law Of The U.S. Virgin Islands, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

The Road Less Traveled: The Path To A Right Of Intrastate Travel In State Constitutions, Katherine S. Leung

New Mexico Law Review

The existence of a right of intrastate travel implicates basic liberties like visiting parks, driving to visit family in another city, going to church or the doctor, or voting. In addition to its importance to everyday, basic liberties, the right of intrastate travel is important for vulnerable populations, like disaster evacuees, unhoused people subject to displacement, and people seeking abortions in states without uniform availability, like New Mexico. Despite the essential nature of the implicated actions, federal courts do not agree on whether the U.S. Constitution guarantees the right of intrastate travel. This comment argues that the right of intrastate …