Digital Commons Network^™

Marx, Marxism, And The Critique Of Law, Umut Özsu

Law and Contemporary Problems

No abstract provided.

Does Law Constitute Society?, Jeremy Kessler

Law and Contemporary Problems

No abstract provided.

Beyond The Market: What Does It Mean To Theorize Capitalism?, Amy Kapczynski

Law and Contemporary Problems

No abstract provided.

Capitalism & Jurisprudence, Paulo Barrozo

Law and Contemporary Problems

No abstract provided.

HawaiʻI’S Housing Crisis: Unpacking The Limits Of S.B. 2919, Carley Matsumoto

Seattle University Law Review Online

The State of Hawaiʻi is facing a housing crisis exacerbated by natural disasters and public health emergencies. Hawaiʻi’s legislature seeks to ameliorate Hawaiʻi’s housing crisis with Senate Bill 2919, which gives all counties in Hawaiʻi the broad power to regulate short-term rentals. While this law was adopted with laudable intentions, it has significant shortcomings and will likely not solve Hawaiʻi’s longstanding housing crisis. This Comment argues for an alternative, tax-based solution to address the housing crisis.

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law professors in support of the respondent in Bondi v. Lau before the Supreme Court of the United States. The brief argues that lawful permanent residents returning from travel abroad may not be treated as seeking admission unless they satisfy the statutory criteria set forth in the Immigration and Nationality Act. It further contends that ambiguities in deportation statutes should be resolved in favor of noncitizens under the longstanding immigration rule of lenity.

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”¹ Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …

Lost And Found, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr

Nebraska Journal on Advancing Justice

No abstract provided.

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

Some Thoughts About Free Speech And Hostile Environment Discrimination On College Campuses, Mark Tushnet

Journal of Civil Rights and Economic Development

(Excerpt)

Section I examines which kinds of utterances may be considered in determining whether a hostile environment exists, and how those utterances may be taken into account. After distinguishing between targeted utterances directed at an identifiable individual and general statements that disparage a racial or nation-origin group, this Section focuses on targeted utterances.

Section II then turns to general statements, typically of a more clearly political sort. After describing the quite limited nature under which individuals can be held liable for general statements, the Section argues that such statements can be part of the “dossier” relevant to hostile environment discrimination, …

The First Amendment, Student Protest On Campus And The Law, Gene Policinski

Journal of Civil Rights and Economic Development

(Excerpt)

After a brief background on the history of student protest and free expression, this Article examines campus speech policies developed in response to student protests in the 1960s, and present examples of how these codes and regulations recently have been reviewed and revised in light of campus protests and disruptions, with many involving the Israeli-Palestinian conflict.

Next, this Article also examines the ongoing impact of federal legislation—specifically Titles VI and IX of the Civil Rights Act of 1964—on campus speech. In addition, this section addresses public attitudes regarding campus protests and related on campus issues, as well as an …

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …

Fighting Drug Addiction In The Aftermath Of The War On Drugs: Rehabilitative Or Promoting Reoffending?, Haylee Beamer

Criminal Law Society Blog

This Article examines the evolution of drug control policy in the United States, arguing that although modern strategies target both supply and demand reduction mechanisms, they remain fragmented and insufficiently focused on rehabilitation. It traces the historical development of the War on Drugs and its lasting emphasis on punitive enforcement, highlighting the continued reliance on drug task forces and confidential informants. While contemporary reforms such as drug courts and prosecutorial diversion programs demonstrate measurable success in reducing recidivism and promoting recovery, their impact is undermined by inconsistent integration across the criminal justice system. This Article contends that a more cohesive, …

Victimization Pathways Among Homeless Youth: How Trauma, Survival Strategies, And System Failures Intersect, Makynna S. Deland

SACAD: Scholarly Activities

Homeless youth often carry deep layers of trauma, and those experiences shape how they cope and survive. Many of the behaviors we see are responses to early harm, leaving young people more vulnerable to exploitation and further system involvement. Without safety, support, or stable adults, they face heightened risks of violence, property victimization, and survival sex.

Government Goes Goop, Jennifer D. Oliva

Emory Law Journal Online

This Article argues that the appointment of prominent wellness and antivaccine figures to senior federal health positions marks the culmination of a long-running evolution in American health fraud—from nineteenth-century traveling medicine shows to the institutional capture of government health agencies. Drawing a direct lineage from patent medicine marketing to contemporary wellness conspiracism, this Article demonstrates how tactics perfected by early medicine show entrepreneurs—emotional manipulation, conspiratorial framing, anti-establishment positioning, and the exploitation of information asymmetries—have persisted across regulatory and technological shifts, ultimately achieving unprecedented political legitimacy.

This Article traces this evolution through the deregulated supplement marketplace created by the Dietary Supplement …

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …

Table Of Contents

Tulsa Law Review

No abstract provided.

Tribal Rights Of Nature Laws: Fulfilling Sacred Obligations, Ashley Dawn Anderson

Tulsa Law Review

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.

The Use And Misuse Of The False Claims Act: Motive And Implications For Public Health Policy, Christopher Ogolla

Tulsa Law Review

No abstract provided.

Law Enforcement Response To Mental Health Crises In Oklahoma: The Case For Co-Response, Forrest Kinney

Tulsa Law Review

No abstract provided.

Scaling Sustainable Propellants To Address Rocket Emissions: Lessons From The U.S. Aviation Industry, Zhizhou (Josie) Liu

Duke Law & Technology Review

The rapid growth of the U.S. commercial space industry has exposed a profound regulatory gap in addressing rocket emissions. By releasing greenhouse gases and particulates like black carbon, alumina, and water vapor, rocket launches not only contribute to climate change but also accelerate stratospheric ozone depletion. The U.S. aviation industry encountered similar environmental challenges decades ago, which eventually prompted legal and policy frameworks to curtail aviation emission through sustainable fuel technologies. Unlike aviation, however, the space industry now operates in a legal vacuum, with no binding international environmental standards or domestic regulations targeting rocket atmospheric pollution. As rocket emissions penetrate …

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney

Arkansas Law Notes

Every significant technological change in law, including computers, email, and online research, has required practical tools to implement ethically. Artificial intelligence is no different. This final installment of the artificial intelligence ethics series offers a “starter kit” for responsible adoption by law firms: a Model Law Firm Policy on the Responsible Use of Artificial Intelligence and a Model Training Program for Legal Professionals.

With this installment, the Ethics of Artificial Intelligence for Lawyers series comes full circle. We have moved from the first sanction cases, to the ABA’s initial guidance, to legislative and regulatory developments, and now to practical steps …

The Case For Recognizing Informally Adopted Children As Heirs In Arkansas, Joel Gaffney

Arkansas Law Notes

Americans are steadily moving away from the nuclear family towards an understanding of family less defined by shared DNA or last names. This is especially prominent in the way children are raised. More children are being born to single or unmarried parents, and a fair number of children are being raised by nonparents. Such nonparental caretaking can manifest as “informal adoption,” where there is no biological or legal parent-child relationship but there is a functional parent-child relationship. Certain areas of the law sometimes struggle to keep up with these changes in the meaning society assigns to “family.” Statutory probate law …

The Supreme Court's Goldilocks: Why The Major Questions Doctrine Is The Ideal Compromise Between Two Unattractive Extremes, Bradley P. Simpson

Kentucky Law Journal

No abstract provided.

The Brave New World Of Judicial Elections, Charles Gardner Geyh

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.