Digital Commons Network^™

Deferred Action For Workers? ¡Dale!, Avery Allen

Duke Law Journal

Immigration-related retaliation is a well-documented consequence for noncitizen workers who report dangerous and unlawful working conditions. Many noncitizen workers are tethered to their employers for legal status and work authorization, and this power dynamic often prevents them from speaking out for fear of being fired or deported. Little academic attention has been paid to a Biden-era initiative designed to assuage the threat of immigration-related retaliation against workers. Deferred Action for Labor Enforcement (“DALE”), created by the Department of Homeland Security in 2023, provides a streamlined process for workers involved in labor investigations to seek deferred action and receive related benefits, …

Testing Dobbs’S Democracy Premise: Can State Constitutions Be Amended To Reflect Popular Opinion On Abortion?, Isabel Sperber

Duke Law Journal

When the Supreme Court eliminated a federal constitutional right to abortion in Dobbs v. Jackson, it relied in significant part on the notion that abortion is an issue best left to the political process. Abortion has since become a main character in the national political conversation, with state legislatures around the United States embracing a wave of abortion-related legislation. The shifting landscape of abortion rights is not limited to the legislative process; voters are increasingly relying on state constitutional amendments to replace the protections previously provided by the federal Constitution. Political actors point to these amendments, typically enacted through a …

The Ministerial Exception And Defamation: Navigating Churches’ Autonomy And Their Communications, Zachary Runge

Pepperdine Law Review

In two recent cases, the Supreme Court has adopted what scholars and lower courts have called the “ministerial exception.” The Court only addressed the ministerial exception’s application to employment discrimination claims. But the Court did not foreclose the possibility of its application to other claims. This Comment argues that the ministerial exception applies to defamation claims arising out of a minister’s termination. After providing the background for the ministerial exception, this Comment explains the current state of the law. Then, this Comment argues that the ministerial exception, as a form of the church autonomy doctrine, applies to the defamation claims …

Corporate Governance As Bloodsport, Jeremy Kidd, George A. Mocsary

Pepperdine Law Review

The modern Environmental, Social, and Governance (ESG) movement promotes diversion of corporate assets from shareholders to “stakeholders.” This is done in the name of a corporate duty to society. But “successful” ESG efforts threaten the success of the corporate form by inviting rent-seeking. This conflict between ESG principles and established theories and norms of corporate law is difficult to resolve because corporate law lacks the tools needed to understand the type of collective decision-making that occurs in the corporate setting. This Article is the first to apply public choice economics—the economic study of collective decision-making—to corporate decision-making to identify the …

Ayahuasca And Religious Freedom, Andrew C. Michaels

Pepperdine Law Review

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA …

The False Promise Of Progressive Originalism, Michael Smith

New Mexico Law Review

As the conservative-dominated Supreme Court continues to accrue its power, commentators on both the political right and left suggest that those pursuing progressive policy goals would do well to turn to originalist methodology. Many of the Justices on the Court purport to be originalists, and progressive originalist arguments are more likely to appeal to this otherwise tough crowd. Haven’t progressives heard that we’re all originalists now? I argue that originalism’s appeal to progressives is largely illusory. Originalism is unlikely to make a difference before a Court controlled by a supermajority of conservative Justices who exercise discretion over the interpretive methodology …

Bad Men In The Bordertown: Confronting Police Violence Against Native Americans With The Bad Men Treaty Clauses, Taylor Graham

New Mexico Law Review

In nine treaties signed by Tribal Nations and the United States between 1867 and 1868, the United States promised redress to Native Americans for wrongs committed against them by “bad men among the whites.” Today, Native Americans are more likely to be killed by police than any other group, with much of this violence concentrated near the borders of Tribal Nations. Although claims brought under the “bad men” treaty clauses offer an avenue for combatting this epidemic of violence, courts have begun interpreting the clauses to apply only when “wrongs” occur within Tribal boundaries. This article argues that the territoriality …

Weakening The Reasonable Efforts Requirement In New Mexico Termination Of Parental Rights Cases, Monika Myers

New Mexico Law Review

Parents’ right to control the upbringing of their own children is long-established in the United States. However, in the case of child abuse, neglect, or abandonment, a state can terminate parental rights, permanently severing the legal relationship between a parent and a child. In New Mexico, to terminate parental rights for abuse or neglect the State must prove three elements by clear and convincing evidence: (1) the child is abused or neglected; (2) the conditions that brought the child into care are unlikely to change in the foreseeable future and (3) this is the case despite reasonable efforts by the …

The Barrier And The Burden: How Flawed Interpretations Of The New Mexico Human Rights Act Have Relegated Disability To Second-Class Status, Ellen Caroline Sherman Rabin

New Mexico Law Review

Plaintiffs alleging disability discrimination under New Mexico law face significantly higher barriers than plaintiffs alleging other types of discrimination. The plain text of the New Mexico Human Rights Act (“NMHRA”) provides equal protections against discrimination based on characteristics such as race, gender, pregnancy, and disability. However, by relying on federal disability law to guide the interpretation of the NMHRA in cases of disability discrimination, New Mexico courts have effectively created a two-tiered system in which claims of disability discrimination face higher barriers to prevail in an administrative adjudication and survive summary judgment than other discrimination claims. This two-tiered system not …

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 …

The Business Of Ai-Producing Startups: Evidence From A Worldwide Survey, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

We report results from a multi-year, worldwide survey of artificial intelligence (AI)-producing startups to describe the types of technologies, frameworks, data protection, and partnerships nascent firms use to develop their AI products. Analyses of our survey findings also inform how startups gather the resources to commercialize their AI applications in alignment with their entrepreneurial strategies, address competitive barriers, and respond to regulations. These data provide initial evidence of the perceived impact of these products on their customers’ tasks and industries, suggesting that these firms’ AI products not only reduce labor costs but augment human capabilities.

The Kennedy Familys' Influence On The Passage Of The Immigration And Nationality Act Of 1965, Jillian Wallshield

The Cardinal Edge

This paper covers the influence of the Kennedy Family on immigration policy in the United States. United States immigration legislation changed dramatically in the 1960s with the passage of the Immigration and Nationality Act of 1965 (sometimes called the Hart-Cellar Act). This shift was caused primarily by the political work of prominent figures like John F. Kennedy, and, later, Edward Kennedy. Edward Kennedy in particular is examined through his influence on Lyndon B. Johnson, the President under which the Immigration and Nationality Act was passed. This position is supported through the examination of relevant public speeches, private telephone calls, and …

The Impact Of The Legalization Of Marijuana On The Under 21 In New Jersey, Sharon Mesmer

Child and Family Law Journal

No abstract provided.

Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling

Child and Family Law Journal

No abstract provided.

Gender Ideology Curriculum In Florida Schools: Parental Rights And Educator Strain, Kimberly Mack

Child and Family Law Journal

No abstract provided.

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Online Recruitment For Interview Participants Impacted By The Criminal Legal System, Sarah Lageson, Carolina R. Caliman, Elsa Chen, Ericka Adams

Qualitative Criminology (QC)

"As technology has altered communication, qualitative criminologists have turned to digital spaces for a cost-effective approach to recruit participants who have been impacted by the criminal legal system. This paper analyzes the limits and benefits of online recruitment, detailing our experience recruiting 93 interviewees online for a qualitative study of criminal record expungement. We compare three approaches: social media advertisements, Amazon’s crowdsourced MTurk platform, and the opt-in survey platform Prolific, and analyze the financial and labor costs associated with each. We detail our experience individually screening 685 interested participants to obtain 86 qualitative interviews suitable for analysis. Our experience shows …

Fragmented Responses: Variability In Law Enforcement And Prosecutorial Approaches To Sexual Assault Cases, Veronica Gonzalez

Qualitative Criminology (QC)

"Sexual assault (SA) remains a pervasive issue in the United States, marked by low reporting rates, inconsistent investigations, and limited convictions. In response, researchers and practitioners have promoted a range of best practices aimed at improving law enforcement and prosecutorial responses. This qualitative study draws on interviews with 13 law enforcement agencies and 12 prosecutors' offices to explore how recommended practices—such as victim advocacy, specialized units, interagency collaboration, and case reviews—are interpreted and operationalized in the field. Findings reveal substantial variability, shaped not only by resource availability but also by leadership priorities, organizational culture, and the ambiguity of guidance documents. …

To Protect And To Serve? A Phenomenological Exploration Of Interactions Between Black Transgender Women And Law Enforcement In The Midwest, Anthony Banks, Kelli E. Canada, Erin L. Robinson, Mansoo Yu, Lynn Mie Itagaki

Qualitative Criminology (QC)

"Current research indicates transgender women of color are experiencing what is being referred to as an “epidemic of violence.” Law enforcement personnel are in a unique position to mitigate this violence among transgender women of color, however past research shows that law enforcement may in some instances perpetuate already existing violence with this population instead of preventing and intervening in these situations. This study aimed to add to the limited research by using an intersectional theoretical framework to better understand these interactions. Research questions were answered using a phenomenological research design. Data from 36 semi-structured interviews with Black transgender women …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Aging On Parole: A Thematic Analysis Of The Parole Officer’S Perspective, Angela Murolo

Qualitative Criminology (QC)

"A growing proportion of people leaving prison are over 50 years old and will live at least temporarily under the supervision of a parole officer. While recidivism rates are lower for older people, there are physical, mental, and societal challenges that accompany advancing age that make successful reentry and reintegration a challenging experience compared to their younger counterparts. This presents novel challenges for parole officers who are tasked with supervising and counseling elderly people on parole. Surveys containing closed and open-ended questions were administered to N=25 parole officers to understand the differences in working with, counseling, and supervising older and …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

The Bankruptcy Revolving Door, Belisa Pang

Northwestern University Law Review

The American consumer bankruptcy system is a costly regime with profound societal implications. Between 2008 and 2023, consumers filed 13.8 million bankruptcy cases across the ninety-four federal bankruptcy districts in the United States, generating over $4 billion in court filing fees alone. When accounting for attorney fees, trustee expenses, creditor costs, and broader economic externalities—such as increased interest rates borne by other consumers—the total financial impact easily reaches tens of billions, if not hundreds of billions, of dollars.

Against that backdrop, this study uncovers a startling phenomenon: nearly 46% of the consumers who filed bankruptcy in 2023 were repeat filers, …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle

Northwestern University Law Review

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin

University of Cincinnati Law Review

No abstract provided.

"Tuah Much To Handle": Why The Current Oversight On Cryptocurrency Is Insufficient, Adam Gross

University of Cincinnati Law Review

No abstract provided.