Digital Commons Network^™

Water Governance And Water Futures In The United States And Australia, Robert Haskell Abrams

Natural Resources Journal

The world’s hydroclimate has become more extreme in the last several decades—a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation that could be adapted to advantage by the other in coping with the onset of reduced flows in major river basins—most prominently, the Colorado in the U.S. and the Murray-Darling in Australia. Significant similarities of history, settlement of arid regions, and legal systems abound. These include Anglo settlement bringing riparian …

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …

Sundown In Indiana: A Midwest Story Of Racism, Exclusion, And Memory, Kelsey A. Snyder

Masters Theses, 2020-current

Sundown towns were a prominent aspect of the northern life from the early 1900s till in some places till the 1970s but they have been lost to history. These towns have been silenced and erased not just from the history books but from public memory. Indiana is my home state and the three towns that will be discussed have all had an impact on my personal development especially in understanding race. Decatur and Huntington places I have called home, both have been classified as sundown towns. The third, Marion was the location of the one the last known lynchings in …

The Embodied Nature Of Representation: Reframing "Best Candidate" Narratives In Supreme Court Nominations, Susan Tanner

ConLawNOW

This Essay explores how discourse surrounding Supreme Court nominations reflects broader societal debates about merit, representation, and inclusion. Through analysis of the controversy surrounding President Biden’s commitment to nominate a Black woman to the Supreme Court, this piece examines three interconnected themes: the embodied nature of representation, the relationship between diversity and judicial legitimacy, and the problematic nature of “best candidate” narratives. It challenges traditional conceptions of merit in judicial nominations and argues for a more nuanced understanding that recognizes the value of diverse lived experiences on the bench.

Platform Capital And The City: Governing Uber In Buenos Aires And Manchester, Mathew Johnson, Angel Martin-Caballero

Comparative Labor Law & Policy Journal

Recent literature has drawn attention to the various regulatory battles and flashpoints triggered by the entry of platform Transportation network Companies such as Uber and Lyft into cities around the world. Drawing on original case study analysis of Uber in Buenos Aires and Greater Manchester, we explore the increasingly complex and dynamic nature of local regulatory responses to platforms, and how they evolve over time. We develop a three-fold analytical framework that illustrates the important interactions between the competencies of local regulatory actors, the power of different interest groups, and the legitimacy of institutional rules. Our findings suggest that balancing …

Monochromacy Of Justice: The Global Cost Of Racial Colorblindness, Arnold Brown Jr.

DePaul Law Review

No abstract provided.

An Open Letter To Law Students On The Death Penalty, Sister Helen Prejean, Jesse Cheng

DePaul Law Review

No abstract provided.

U.S. Economic Inequality And Crime Rates At The County Level: 2018-2022, Steven R. Morrison

DePaul Law Review

No abstract provided.

Of K9s And Quadrupeds: A Cautionary Concession To Police Dogs, Elizabeth N. Jones

DePaul Law Review

No abstract provided.

Felony Offenders' Perceptions Of Effective Rehabilitation And Reintegration Programs In Northern Colorado, Burnes Marjorie

Undergraduate Honors Theses

Criminal justice reform programs in the U.S. have grown and developed as studies have found that older methods of criminal punishment are ineffective in terms of reducing the likelihood of an inmate being reincarcerated after release, referred to as “recidivism.” With the growth of these reforms, ground-breaking systems have been integrated into prisons in the form of rehabilitation and reintegration programs which serve to reduce recidivism. However, with the development of numerous new unique and powerful programs, determining which rehabilitation and reintegration programs are most effective in reducing recidivism in felony offenders in the U.S. is critical. Past research …

Erie Mistakes: The Eleventh Circuit Misconstrues Already Problematic Georgia Precedent On Choice Of Law, Jeffrey A. Van Detta

University of Miami Law Review

This Article explores the Eleventh Circuit’s precedent that has struggled with an unusual Georgia choice-of-law rule. The rule in question applies when the conflicting law of a sister state is a common law rule or doctrine (such as in tort or contract law) rather than a specific statute and has been a feature of Georgia law since the 19th century. The approach has lingered in scattered Georgia and related federal cases over many decades but was not given much attention in modern times until the Georgia Supreme Court decided to reaffirm and amplify it unanimously and defiantly in Coon v. …

Towards A Regulatory Theory Of Platform Rule: Corporate “Sovereignty” Through Immunities, Uta Kohl

St. Mary's Law Journal

No abstract provided.

Bridging The Justice Gap: Low-Income Taxpayer Clinic At North Mississippi Rural Legal Services, Emma-Kathryn Bond

Honors Theses

Over the course of two years, I spent more than 130 hours completing on-the- ground volunteer work with the Low-Income Taxpayer Clinic (LITC), a clinic within North Mississippi Rural Legal Services that provides free legal assistance to individuals navigating disputes with the IRS. While the Sixth Amendment guarantees legal representation in criminal cases, no such guarantee exists for civil matters such as tax disputes, housing instability, or loss of public benefits. Clinics like LITC fill a crucial gap by offering support in areas that are often overlooked, such as tax law, where clients risk audits, wage garnishments, and court proceedings …

Recent U.S. Government Policy Literature On Critical And Strategic Minerals, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Critical and strategic minerals have become increasingly important in U.S. government civilian and military policymaking in recent years. This is demonstrated by the heavy use of such minerals in many critical civilian and military infrastructures. This work will discuss how this subject has been addressed in laws, presidential documents, and works by government agencies along with congressional oversight committees and support agencies. It will stress how the United States is heavily dependent on strategic minerals from adversarial foreign countries such as China and will examine U.S. efforts to increase its ability to produce such materials in the United States by …

Ensuring Housing Stability And Protections For The Nation’S Renters: Avenues For Federal Action, Margaret Hagan, Peter Hepburn, Justin Steil, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

What would it take to ensure housing stability and protections for the nation’s renters? This essay reviews the current literature on landlord–tenant laws, eviction court policies, the provision of legal aid, and the residential security of renter households. It then lays out avenues through which the federal government—particularly the Department of Housing and Urban Development (HUD)—might work to improve renters’ stability. These include targeted efforts to improve engagement with both tenants and landlords, robust implementation of the Affirmatively Furthering Fair Housing provision of the federal Fair Housing Act, especially around source of income discrimination, and facilitation of reforms to state …

The Future Of International Ecosystem-Based Conservation, Gwyneth Zinan Chen

Cardozo International & Comparative Law Review (CICLR) Blog

One does not have to search on the internet to conclude that our home, Earth, had greatly changed since its birth approximately 4.6 billion years ago. Perhaps, what is the most obvious is how our Earth went from being blue, green, and brown landscapes to a world of concrete jungles. Inevitably, there will be biodiversity and habitat loss. Biodiversity loss, as defined by United Nations office for Disaster Risk Reduction “refers to the reduction of any aspect of biological diversity (i.e.., diversity at the genetic, species and ecosystem levels) in a particular area through death (including extinction), destruction or manual …

Impact Of Remote Work On Wages In Nevada’S Labor Force, Lauren Tomlinson, Sean Atias, Renato Salazar, Ezrah Tayag

Undergraduate Research Symposium Podium Presentations

Remote Work Evolution and COVID-19

• In 2019, 7% of full paid workdays were done remotely. During the pandemic, that number substantially grew to 60%, and by 2023 it shrunk down to 28%. Elements of remote work have even spread to multiple industries such as healthcare, finance, and education (Barrero et al., 2023).
• Direct relationship between self-perceived job performance and remote work productivity. However, living with children under 18 negatively impacts remote work engagement and productivity (Toscano & Zappalá, 2021).
• Remote work can be associated with increases in Total Factor Productivity (TFP). Between 2019 and 2021, a 1% increase in the …

The Law Of The Biggest Pump: Legal Consciousness And The Texas Groundwater Dilemma, Riley Hodin

Political Science Honors Projects

Texas’s localized system of groundwater regulation is complicated by its strong tradition of property rights. This paper examines the legal consciousness of the everyday people subjected to that system. It relies on interviews with local water authorities, as well as an analysis of public comments made by stakeholders. When conflicts emerge, stakeholders tend to attribute negative outcomes to a failure to properly follow legal procedure, or to the improper intrusion of some non-legal entity. Authorities, however, blame the law itself. Both groups feel the law’s presence but struggle to locate its specific source or meaning.

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

History And Constitutional Interpretation: What’S Really “There”?, Thomas C. Galligan Jr.

The University of New Hampshire Law Review

In recent years, under the moniker originalism, the United States Supreme Court has relied heavily upon history to delineate the scope and contour of various constitutional rights.[1] The Court’s justification for that approach is that defining the meaning of the Constitution according to its original or historical meaning limits a judge from engaging in unbridled discretion when deciding a case. The Court’s focus on history continued in its 2023 term. Justice Breyer has called the history-heavy analytical approach a “rigid history-only approach.”

For a number of reasons, the history-only approach is flawed and does not, in fact, limit judicial …

Revisiting Geography And Sovereignty In The Digital Age, Melvin J. Kelley Iv

Connecticut Law Review

Fair housing advocates have already brought successful lawsuits challenging the use of property technology (“PropTech”) where it has been found to perpetuate or replicate discriminatory practices in a range of contexts including the use of automated screening tools to evaluate prospective tenants. While substantive interventions in unlawful exclusions and differential treatment via PropTech are laudatory, this Article argues that these steps do not go far enough and moreover, that insufficient attention has been paid to the procedural implications of the federal Fair Housing Act (“FHA”) as a source of ex ante enforcement.

The nation’s first fair housing law, the 1866 …

Let It Flow: Information Exchange In Video Conferences Versus Face-To-Face Meetings, Hadar Y. Jabotinsky, Roee Sarel

Connecticut Law Review

When the COVID-19 pandemic hit, policymakers faced a seemingly difficult choice. On the one hand, health considerations required imposing restrictions on face-to-face meetings. On the other, intuition suggested that switching to video conferencing might lead to information loss. As the pandemic progressed, in-person meetings largely turned digital, including court hearings, lawyer-client consultations, board meetings, and more. But did this turn actually cause an information loss?

Figuring out whether information is lost in video conferences is pivotal not only as a reflection on the pandemic but also to determine how to move forward in a post-pandemic world. In particular, identifying whether …

Slum Managers, Anika Singh Lemar

Connecticut Law Review

All sorts of landlords—governmental landlords, cooperatives, large-scale corporate landlords, and mom-and-pops—engage in slumlording to some degree. Despite that fact, some of the most popular proposed solutions to the problem focus on a property owner’s size and corporate form, rather than its property management practices. This Essay contends that management, not ownership, is the proper target for regulations intended to improve the conditions under which many tenants live. It then proposes pairing and using in tandem two mechanisms for addressing management: licensing and receivership.

Pollution: The What Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

This Article examines the damage to biodiversity caused by anthropogenic pollution at all levels—to the biosphere, to ecosystems, to communities, to populations, and to individual organisms. It also analyzes pollution control laws across the globe and their efficacy in mitigating or preventing harm to biodiversity. The analysis covers all forms of pollution—air, water, and land—that threaten biodiversity, noting both improvements and ongoing challenges in different regions. The Article provides a comparative study of diverse jurisdictions, including North America, Europe, Oceania, and Asia. It scrutinizes pivotal legislation such as the United States’ Clean Air Act, the UK’s Environment Act, and the …

Invasives: The How Of Biodiversity Loss, Andrew W. Torrance, Bill Tomlinson

Texas A&M Journal of Property Law

Invasive species are non-native organisms, existing outside of their original habitat, which may cause damage to the biodiversity in their new environment. These species often outcompete native species for resources, which can dramatically disrupt ecological balance and biodiversity. This Article first surveys existing invasive species laws, documenting the current legal frameworks that various countries use to manage invasive species. It then proposes an array of new legal approaches that may improve how human civilizations manage the complex issues surrounding invasives. Finally, it evaluates the prospects for preventing—or even rolling back—the harm invasives cause to biodiversity. The broad goal of this …

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison M. Freedman

UC Law Journal

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

The "Not Seen" Effect Of International Financial Centers: Innovation In The Global Financial Ecosystem, Charlotte Ku, Andrew P. Morriss

Faculty Scholarship

International Financial Centers (IFCs) are hubs of legal and financial innovation, developing specialized frameworks that facilitate cross-border investment, enhance global capital mobility, and support economic growth. Through jurisdictional competition, professional clustering, and adaptive regulatory frameworks, IFCs have pioneered legal structures that enable enterprises of all sizes to participate in the global economy. Using case studies of the International Business Company, the Limited Liability Company, the Protected Cell Company, and advances in trust law and applying the theoretical frameworks of social scientist Richard Florida and psychologist Mihalyi Csikszentmihalyi, this Article illustrates how IFCs serve as laboratories for financial experimentation, generating widely …

How The Law Makes Smart Cities Unaccountable, And How To Start Making It Better: Lessons From Sidewalk Toronto, Beatriz Botero Arcila

Vanderbilt Journal of Entertainment & Technology Law

Sidewalk Toronto was the flagship project of Sidewalk Labs, the smart-city subsidiary of Google’s parent company, Alphabet. It was the largest smart-city project planned in North America or Europe. It is also the most notable failure of such a project to date.

Smart city projects and the technologies behind them improve the delivery and efficiency of city services, produce data to help local policymakers learn from their policy interventions and bring several economic development benefits. At the same time, they can create important risks to fundamental rights and enhance the capabilities of corporate and public surveillance. When Sidewalk Toronto was …

Koxinga: The Catalyst Of Taiwan's Current Geopolitical Conflict, Lauren Masterson

Honors College Theses

Taiwan, strategically located in the South China Sea, has long faced challenges in asserting its sovereignty. While much of the existing scholarship focuses on the 20th-century conflict between the Chinese Nationalist Party (Kuomintang) and the Chinese Communist Party, this study turns to the mid-17^th century to trace the roots of the island’s contested status. It centers on Zheng Chenggong (1624–1662), also known as Koxinga, who established the Ming loyalist Kingdom of Tungning in Taiwan (1661–1683) following the fall of the Ming dynasty. By examining Koxinga’s actions and the legacy he left behind, this research draws parallels between his retreat …