Digital Commons Network^™

Virtual Hearings, Tangible Consequences: Rethinking Remote Hearing Rules Adopted Amidst Pandemic Chaos, Elissa Jacob

University of Cincinnati Law Review

No abstract provided.

True Threats And Protected Speech In Counterman V. Colorado, David Crump

University of Cincinnati Law Review

No abstract provided.

Civil Rights Microviolations, Alissa Cooley Yonesawa, Michael Kagan

University of Cincinnati Law Review

This essay is an attempt to name and define a certain kind of civil rights problem. Namely: Rights violations that are small enough that the rational thing for the victim to do might be to just cope with them, but when allowed to fester and repeat, do significant damage. We call these problems microviolations. To define them, we borrow from the idea of a microaggression, a concept that developed to understand an analogous challenge in workplace and school discrimination. We offer a diagnosis of why microviolations are both problematic and difficult to address, and arguments that they should be a …

A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Destabilization Or Clarification: The Potential Impact Of Chiles V. Salazar On Nifla And Other First Amendment Jurisprudence, Zhihan Xu

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2019, the Colorado General Assembly passed the Minor Conversion Therapy Law (MCTL), a statute which prohibits mental health professionals from engaging in conversion therapy for minors. Three years later, Kaley Chiles, a licensed professional counselor and addiction counselor, filed a pre-enforcement challenge and sought a preliminary injunction, alleging that the MCTL improperly abridges her First Amendment right to free speech. Colorado challenged her claim, arguing that the MCTL merely regulates professional conduct and only incidentally (and permissibly) burdens speech. Chiles v. Salazar will decide whether the MCTL is a speech restriction or professional regulation, and, if it is a …

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Boots On The Ground, Toxins In The Water: A Look Into The Present State Of Camp Lejeune Water Contamination, Kaitlyn N. Helt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Inheriting The Mess: How Cercla Successor Liability Shapes The Landscape For Asset Purchase Deals, Liam N. Hudson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Appeals Court Rules West Virginia Medicaid Coverage Exclusion Of ‘Sex-Change’ Surgery Is Legal, Arthur S. Leonard

Other Publications

No abstract provided.

Rethinking Legal Education: Demystifying Neurodiversity And Building An Inclusive Future, Jennifer Kindred Mitchell, Charlie Amiot

The Journal of Law Teaching and Learning

This article contributes significantly to the discourse on legal education by arguing that embracing neurodiversity not only enhances the learning environment for all students but also cultivates a legal profession that is truly reflective of societal diversity. Ultimately, neurodiversity should be embraced as an asset. By adopting inclusive practices, legal education can nurture the promise of ND students and improve outcomes for all. This article seeks to inspire a new paradigm that celebrates neurocognitive diversity’s contributions to the legal profession.

Neurodivergent (ND) students comprise approximately a quarter of the law school population, yet traditional legal education often fails to meet …

The Human Rights Fulcrum: Using Environmental Rights As Leverage For Change, Rebecca Bratspies

Pace International Law Review

“Give me a lever long enough and a firm place on which to stand and I will move the earth." That is how Archimedes famously described the power of levers and the possibility they create for moving something that otherwise seems immovable. His point was that with the use of distance, a fulcrum, and a lever, nothing is really immovable. This same characterization has been applied to human rights law, and its attempts to disrupt patterns of structural dispossession, discrimination and oppression that bedevil human society. Indeed, the metaphor that human rights are a lever for change is relatively common …

The (Non-) Protection Of Indigenous Rights In Isds, Dr. Kevin W. Gray

Pace International Law Review

International investment law largely flows from the protections afforded foreign investors under bilateral and multilateral investment treaties.  Until recently, few of these treaties required investors to comply with human rights provisions in national constitutions or in international law, or preserved the ability of states to regulate to protect constitutional rights.  As a result, critics have argued, investor-state dispute settlement fails to protect human rights or preserve the ability of states to regulate in the public interest, and that arbitral awards rarely consider, let alone give effect to, rules of human rights.

This article considers the question of how Indigenous rights, …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Policy and Research Briefs

No abstract provided.

Minimum Wages And Workplace Injuries, Michael Davies, R. Jisung Park, Anna Stansbury

Upjohn Institute Working Papers

How do minimum wage changes affect workplace amenities? Using the universe of claims from California, the US’ largest workers’ compensation system, over 2000-2019, we exploit geographic variation in state- and city-level minimum wages and local occupation-level variation in exposure to minimum wage changes to estimate whether minimum wage increases affect the rate of workplace injuries. We find a large adverse effect of raising minimum wages on injuries. A 10% increase in the minimum wage increases the injury rate by 7.2% in an occupation-metro area labor market which is fully exposed to the minimum wage increase. Our results imply an elasticity …

Perspectives On Choice Of Law Challenges In Multistate Precision Medicine Research, Laura M. Beskow, Catherine Hammack-Aviran, James W. Hazel, Leslie E. Wolf

Law Faculty Scholarship

This empirical legal study investigates challenges related to determining applicable law in multistate precision medicine research. Through interviews with experts in law, research ethics, and human subjects protections, the authors examine how differences in state laws governing research, genetic privacy, and data protection may affect participant rights and research practices. Interviewees reported varying levels of awareness regarding state law variation and expressed differing views on its significance. The findings suggest that uncertainty surrounding applicable legal frameworks can complicate research design, informed consent processes, and institutional oversight. The study calls for further legal and policy analysis to address these challenges and …

Press Protection As Anticorruption, Zachary Reger

Texas A&M Law Review

As the partisan press of the Founding Era gave way to the commercial press of the nineteenth century, then to the professional press of the twentieth century, American journalism assumed an increasingly skeptical attitude toward governmental power. Today, the investigatory and information-spreading functions of the “fourth branch” are more important than ever to checking public corruption in a vast administrative state. At the same time, the press faces financial crisis, threatening the anticorruption interest.

This Essay evaluates three mechanisms for shoring up the corruption-fighting role of American journalism: (1) constitutional speech protections for the corporate form taken by most modern …

Transnational Private Environmental Regulation: Are States Striking Back?, Errol E. Meidinger

Contributions to Books

Published as Chapter 11 in Research Handbook on Environmental Regulation, David Williamson, Gary Lynch-Wood & Agne Prochorskaite, eds.

Rapid global trade expansion beginning in the 1990s spawned a parallel expansion in non-state (‘private’) environmental regulatory (PER) programs. They issue regulatory standards, monitor and judge performance, sanction poor performance, and sometimes regulate state activities. PER programs constitute extensive and complex transnational governance agglomerations encompassing environmental certification, corporate social responsibility, and environment-society-governance programs, typically intertwined with governmental and intergovernmental regulatory programs.

Using forestry and climate change examples, this article analyzes key features of PER programs, how they may be growing empirically more …

Human Problems: It’S Not Always The Technology’S Fault, Kevin Frazier, Brian L. Frye, Michael Goodyear, Jess Miers

Other Publications

No abstract provided.

Hukum Kedokteran, Aspek Hukum Pidana Dan Hukum Perdata, Prof. Oemar Seno Adji, S.H.

Jurnal Hukum & Pembangunan

Abstract

Redesigning Online Graduate Orientation To Foster Academic Resilience And Prevent Underperformance, Stella Michael-Makri, David E. Rodriguez

Journal of Academic Underperformance

Graduate students in fully online programs often begin their academic journey without adequate preparation for the emotional, structural, and cultural challenges of graduate-level work. For students who are first-generation, racially marginalized, international, or returning to education after time away, this lack of scaffolding can lead to early disengagement, underperformance, or attrition. Orientation, often treated as a checklist of logistical tasks, represents a missed opportunity for meaningful academic intervention. This manuscript proposes a five-module conceptual model for online graduate orientation designed to proactively support online graduate students in the domains of emotional regulation and academic identity, time management and executive functioning, …

Data Is Nothing Like Oil: Dusting Off Copyright’S Originality Doctrine For The Ai Age, Carys Craig

All Papers

No abstract provided.

Peranan Lembaga Lisensi Wajib Dalam Rangka Alih Teknologi Dari Negara Maju Ke Negara Berkembang, Sri Setianingsih Suwardi, S.H.

Jurnal Hukum & Pembangunan

Abstract

Water Control And The Growth Of Agricultural Production In Developing Countries, Françoise Conac

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The article presents water control as a central condition for agricultural growth in developing countries, where it can stabilize yields, raise productivity, and support more intensive farming. It reviews the benefits of irrigation, drainage, and flood control, while also emphasizing the frequent failures of past projects caused by weak planning, inappropriate techniques, poor maintenance, and insufficient user participation. The author highlights the environmental and health risks of badly managed irrigation, including salinization, waterlogging, and disease, and argues for revised water policies that integrate technical, financial, institutional, and social dimensions. Farmer participation is presented as essential to effective water management.

Lessons From The Making Of Modern Property: Reinventing Roman Law In Europe And Its Peripheries, 1789–1950, Laura S. Underkuffler

Texas A&M Journal of Property Law

This article examines the evolution and reinvention of Roman law concepts in shaping modern property law across Europe and its peripheries between 1789 and 1950. Focusing on Anna di Robilant’s analysis, it explores how nineteenth-century jurists utilized the ideal of dominium—property as an individual’s absolute entitlement—to respond to the social and economic upheavals of the era. While this model emphasized personal autonomy, freedom, and equality, it was inherently in tension with the demands of collective needs and societal change. The article discusses the practical and philosophical clashes between dominium and the social function of property, tracing the historical debates and …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Texas A&M Journal of Property Law

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Cbdcs Vs Decentralized Currencies: Considerations For 21st Century Global Financial Challenges, Andrew Michael Sobhy, Shuai Wang

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As digital currencies gain prominence in everyday life, policymakers in the United States at the federal, state, and local levels debate the potential for innovation, surveillance, global relations, and a plethora of areas that concern citizens. While existing literature highlights the opportunities and pitfalls within this new digital age, including inclusivity and challenges to traditional banking, this study aims to contribute a quantitative approach to the discussion utilizing Federal Reserve data, studies from financial institutions, and various credible resources that hold a stake. Specifically, comparing novel Central Bank Digital Currency (CBDCs) and Decentralized Financial Currencies (DeFi) will provide a foundation …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Am I Walking Straight? Gait, The New Frontier Of Biometric Identification, Ruhi Anand Finn

Women+ in Early Career Research Symposium

Extended Reality (XR) is an umbrella term that integrates Virtual, Mixed and Augmented Realities. Each modality presents new forms of digital experiences, offering unique opportunities, benefits and risks. Additionally, newer iterations of XR leverage Artificial Intelligence (AI) to enhance numerous applications. This enhancemen is sustained through new levels and contexts of data capture, including continuous biometric data collection (gaze, face and gait) and incidental bystander capture. This paper investigates the implications of XR technologies on data privacy, and the need for considerations of collective social privacy. The paper argues that, given the very narrow definition and categorization of biometric data …