Digital Commons Network^™

Slowing The Burn: Incentivizing Safer Development Through Wildfire Hazard Mapping, Meghan Hodges

Duke Law Journal

Climate change has accelerated the frequency and severity of natural disasters globally and wildfires are no exception. In part, wildfires have intensified due to climate change, short-sighted fire suppression policies, and the rapid influx of people and development in hazardous regions. Like other natural disasters, wildfires will continue to pose an ever-increasing threat to communities nationally. And the federal government's default approach of providing aid after disaster strikes will only continue to become more unsustainable as climate change worsens. Yet, proactive measures that exist to mitigate risk—such as hazard mapping and financial assistance to support adaptation and resilience at the …

The Consequences Of Declining Patriotism In The United States, Neil N. Snyder

The US Army War College Quarterly: Parameters

Patriotism, an important determinant of American civil-military relations, is in decline among many Americans. This article analyzes the results of an extensive national survey fielded to assess Americans’ attitudes and finds that more veterans value patriotism than Generation Z nonveterans, that Americans’ trust in their military is correlated with their value for patriotism, and that members of Generation Z are more likely to consider serving in the US military if they value patriotism. Although patriotism is normally a source of national unity, it may now be a source of division between veterans, nonveterans, and Generation Z.

Russian Arctic Land Forces And Defense Trends Redefined By Nato And Ukraine, Troy J. Bouffard, Lester W. Grau, Charles K. Bartles, Mathieu Boulègue

The US Army War College Quarterly: Parameters

This article argues that Russia’s Arctic land forces have been weakened by the Russia-Ukraine War and NATO’s northern expansion, creating a strategic window for Western militaries to bolster their Arctic capabilities. Unlike existing studies that focus on maritime operations and the Northern Sea Route, it integrates technical assessments of ground-based Arctic platforms with analysis of military-district reforms. Using a mixed methodology that incorporates equipment specifications, Russian government documents, media reports, and NATO strategic-response evaluations, this article constructs a comprehensive baseline understanding of Russia’s Arctic land-force potential and readiness. Policy and military practitioners will benefit from actionable insights into Arctic force-design …

Parameters Autumn 2025, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Discovering The Doctrine Of Discovery, Douglas Lind

Public Land & Resources Law Review

The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Public Land & Resources Law Review

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth

Public Land & Resources Law Review

The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Public Land & Resources Law Review

No abstract provided.

Prosecution In The Eyes Of The Justice-Involved: A Community-Based Participatory Research Approach, Belén Lowrey-Kinberg

Qualitative Criminology (QC)

"Community based participatory research (CBPR) centers the voices of community members in the research process. Long used in the field of healthcare, criminal justice researchers have employed CBPR only in limited contexts, and never in the context of prosecution research. This paper reports on findings from a CBPR study that employed focus groups with justice-involved individuals to identify their perceptions of the pre-trial process, prosecutors’ priorities, and recommended directions for research. The findings from these focus groups were used as the basis for developing interview questions for prosecutors, which were subsequently implemented in two larger research projects examining prosecutor discretion. …

Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth

Montana Law Review

No abstract provided.

Discovering The Doctrine Of Discovery, Douglas Lind

Montana Law Review

No abstract provided.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Montana Law Review

No abstract provided.

“Ni Hao” At The Southern Border: Crafting The U.S. Policy Response To The Post-Pandemic Cohort Of Chinese Migrants, Wei Luo

The Scholar: St. Mary's Law Review on Race and Social Justice

Undocumented migrants feature prominently in modern American politics. One group of migrants, however, has drawn relatively little attention—those from the People’s Republic of China. Leading up to the 2024 election, Chinese migrants were the fastest growing group of migrants entering from the U.S.-Mexico border. This Article proposes that U.S. policymakers take a three-prong approach to responding to Chinese migrants who have entered the country in recent years or who may enter in the future. First, use asylum law as an instrument of U.S. foreign policy and grant asylum to Chinese migrants in numbers appropriate to advance America’s national interest in …

The Unamerican Dream: Breaking The Barriers Of Standardized Testing For Ell Students In A Post-Affirmative Action Era, Laura Rua

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment examines the impact of standardized testing on English Language Learners (ELL) in K–12 education. It explores the complexities and challenges these students face, including language barriers and cultural differences, which can significantly influence their test performance and educational outcomes. By analyzing existing research and legal frameworks, this comment assesses shortcomings of bilingual education in Texas and its under-preparation for ELL students to take standardized testing and whether current testing practices adequately accommodate the needs of ELL students.Ultimately, this comment proposes policy recommendations aimed at promoting fair and equitable assessment practices in bilingual education for K–12 ELL students.

Trade Agreements Have Helped Prohibit Forced Labor, Desiree Leclercq

Scholarly Works

While policymakers today debate the future of trade policy, the real story lies in the proven wins quietly shaping economies and improving lives worldwide. This series showcases ten compelling wins in international trade that demonstrate the success of crossborder commerce and open trade policies.

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …

Manatees In Hot Water: How The Florida Manatee Became Dependent On Power Plant Warm Water Outfalls, Michaela Morris

Buffalo Environmental Law Journal

Each winter in Florida, thousands of manatees gather in the warm water outflows of power plants. These refuges play a crucial role for the Florida manatee: when ocean temperatures drop, manatees shelter at these artificial sources to survive. But in recent years, thousands of manatees wintering at the Florida Power & Light Company’s Cape Canaveral Clean Energy Center have died. The reason? Seagrass beds––a primary food source for manatees––are vanishing, killed off by pollution from agricultural, industrial, and residential sources.

This Article documents the historical, political, and regulatory conditions that led to manatees’ reliance on power plants. First, the political …

Eliminating The Malice Requirement For Fourth Amendment Malicious Prosecution Plaintiffs, Sabrina Huang

University of Chicago Law Review

Someone who has been wrongfully prosecuted in violation of their Fourth Amendment rights can sue a government actor, such as a police officer, for malicious prosecution under 42 U.S.C. § 1983. Malicious prosecution arises when a government actor initiates a criminal case without probable cause, the prosecution leads to the accused’s seizure, and the accused is ultimately not convicted. Fourth Amendment malicious prosecution claims are critical to holding officers and prosecutors accountable for misconduct. Official misconduct is common: more than half of the people exonerated since 1989 were incarcerated due in part to misconduct by the police or prosecutors.

Fourth …

Build, Buy, Or Both?: On The Antitrust Laws' Supposed Preference For "Internal Growth" Over Acquisitions, Geoffrey A. Manne, Justin (Gus) Hurwitz

Nevada Law Journal

This Article challenges recent claims by antitrust enforcers that the U.S. antitrust laws embody a preference for “internal” or “organic” growth over external expansion through acquisition. It begins by examining the modern use of this claim in speeches, enforcement actions, and the 2023 Merger Guidelines issued by the Federal Trade Commission and Department of Justice. It then considers the legislative history of the 1950 Celler-Kefauver and 1976 Hart-Scott-Rodino Acts, which are frequently cited as showing congressional support for internal growth. Careful reading of these Acts, however, shows that Congress’s central goal was to close a loophole regarding asset acquisitions, and …

Bars To Asylum For Disabled And Criminalized Noncitizens: Particularly Serious Crimes And Mental Health Evidence In Immigration Court After Matter Of B-Z-R-, Elizabeth Jordan

University of Arkansas at Little Rock Law Review

A criminal conviction can prohibit a noncitizen from accessing certain forms of relief from deportation in immigration court. Notably, certain convictions may bar a noncitizen from asylum. But what happens when that conviction is based on the manifestation of mental health disabilities? This Article is the first to explore and critique the current immigration law framework for accounting for the criminalization of a noncitizen’s mental health disability, focusing primarily on the Attorney General’s recent decision In re B-Z-R- and the missed opportunity it represents to ensure that criminalized, disabled noncitizens are still able to access justice in the form of …

Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes

Dissertations, Theses, and Capstone Projects

In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.

Balancing Acts: Student Rights, Parental Authority, And State Interests In Modern Sex Education, Linda S. Anderson

Marquette Benefits and Social Welfare Law Review

The article explores the complex interplay between parental rights, state authority, and student interests in the context of sex education in American public schools. It highlights the ongoing tension between abstinence-only and comprehensive sex education approaches, emphasizing the need for a student-centric framework that balances the rights and responsibilities of all stakeholders. The current legal landscape is examined through historical development, seminal court decisions, and recent legislative trends. Empirical evidence is presented to demonstrate the effectiveness of comprehensive sex education in promoting public health and supporting adolescents' development. The article advocates for a framework that incorporates student autonomy, age-appropriate content, …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

Strengthening The International Competitiveness Of Capital Markets: Global Insights And Local Strategies, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Global capital markets are undergoing a profound transformation. Over the past decade, there has been a marked decline in Initial Public Offerings (IPOs) in most advanced economies, including those with highly developed capital markets such as the United Kingdom and the United States. Interestingly, during the same period, countries like Indonesia, Malaysia, Thailand and particularly China, have witnessed a significant increase in the number of listed companies, contributing to making Asia home to approximately 55% of all listed companies worldwide. The decline in IPO activity has prompted many countries and regions around the world, including the United Kingdom, the United …

Managing Crowdfunding Risks In Terrorism Financing: A Mediated Analysis Of Government Intervention And Donation Intentions, Fithriadi Muslim, Eva Achjani Zulfa, Muhamad Syauqillah

Indonesia Law Review

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the …

Schools As Geopolitical Spaces: Violence Against Education During The Bosnian War (1992-1995), Allyson Bachta

Graduate Doctoral Dissertations

Attacks on education have long been a feature of conflict, yet their strategic use by state and non-state actors remains underexamined. Despite global concern and growing documentation efforts by the international community, the motivations and patterns behind school attacks are not well studied. This project investigates the strategic use of such violence by Bosnian, Serbian, and Croatian state and non-state armed actors during the Bosnian War (1992-1995) and challenges the assumption that attacks on schools are simply collateral damage. Drawing from political and anti-civilian violence literature, this study situates schools as both symbolic and strategic geopolitical targets, targeted not only …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Paid To Play - The Canadian Hockey League Players Class Action Litigation, Kennith Wm. Thornicroft

Denver Sports & Entertainment Law Journal

In 2014, the National Labor Relations Board’s Regional Director ruled that scholarship football players at Northwestern University were “employees”. Subsequently, in 2015, the full board, and without deciding the players’ status, declined to assert jurisdiction effectively ending the dispute. There are parallels between this dispute and lawsuits currently before the Canadian courts involving the Canadian Hockey League (“CHL”). The CHL is nominally an “amateur” league and is the principal development league for players hoping to pursue a career as a professional hockey player. The players claim they are “employees” under provincial employment standards statutes. The CHL maintains that the players …

The Change The Ncaa Does Not Know It Needs: A Promotion/Relegation Structure For College Football, Jack Noonan

Denver Sports & Entertainment Law Journal

After each college football season, the talking heads debate which team missed out on the College Football Playoffs. Each year it is a different school who everyone says should have made the playoffs. There are a multitude of reasons for or against each team every year, but the main point remains that the NCAA will always have this problem on their hands. This article proposes the solution of a promotion/relegation style structure which will completely change the dynamic of the conference layout. It will give an opportunity to the best teams outside of the 'Power 5' or FBS to make …

Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards

SMU Journal of Undergraduate Research

This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …