Digital Commons Network^™

Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Sex Equality After Skrmetti, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

The Supreme Court’s decision in United States v. Skrmetti upholding a ban on gender-affirming medical care for minors marked a foundational shift in constitutional sex equality doctrine. Rather than recognize the challenged ban’s sex-based line-drawing, the Court recast the statute as a neutral regulation of medical purpose and age. In so doing, it narrowed the definition of what constitutes a sex-based classification and embraced a conception of biological sex as a natural kind—objective, apolitical, and outside the scope of constitutional scrutiny.

The Article identifies this move as a doctrinal departure and a conceptual reconfiguration. The law’s challengers argued that it …

Chapter 2: Do We Still Believe In Process? Democracy And The Fundamental Value Of Dialog Across Difference, Paul S. Berman

GW Law Faculty Publications & Other Works

This essay surveys a few of the many ways to understand what democracy actually is and how to evaluate when it exists and when it is lost. Ultimately, I argue for a pluralist vision that emphasizes both democracy and law's potential ability to bring multiple communities and differing worldviews into dialog with each other. But no conception of democracy can survive unless people are willing to embrace the idea that a fair process can lead to an undesired outcome and that, therefore, even those who lose in a process can have sufficient faith in that process to abide by and …

Faster Than The Speed Of Law: Data Privacy And Judicial Deference In Matters Of Technological Development And Social Media, Andrew A. Bohon

Missouri Law Review

Judge Richard Posner, formerly of the Seventh Circuit, once wrote, “the courtroom is not the place for scientific guesswork, even of the inspired sort. Law lags science; it does not lead it.” The particular occasion for this maxim was a case in which Judge Posner disregarded the testimony of an expert witness who claimed the use of a nicotine patch had caused the plaintiff to suffer a heart attack—a claim with “no backing from scientific theory or data.” Cutting-edge technology is antithetical to the law, which is better-suited to an era of horse-drawn carriages and often requires judicial guesswork to …

The Use Of State Discipline To Sanction Attorneys General And Other High-Ranking Legal Officers, Leslie C. Levin

Faculty Articles and Papers

The United States Attorney  General, state attorneys general, and high-ranking officials in their offices, like all lawyers, are subject to rules of professional conduct.  Increasingly,  when they  push the  boundaries of  these  rules and other well-established  professional  norms,  individuals  and  organizations  are  filing state  lawyer  disciplinary  grievances  against  them.  While  some  see  troubling conduct  by  these  high-ranking  legal  officers,  others  view  these  disciplinary grievances  as  politically  motivated.  State  lawyer  disciplinary  authorities  often try to avoid addressing these grievances. This article  examines  why it is nonetheless  important  for  state  lawyer  disciplinary  authorities—which  are  arms  of state courts—to act on certain grievances. …

Zero Tolerance Or Strong Cultural Diversity: The Hard Case Of Female Genital Surgery, James M. Donovan, Christiane Canant

Law Faculty Scholarly Articles

This article applies a thesis favoring strong cultural diversity to defend a subject-centered policy regarding female genital surgeries (FGS). That idea posits that cultural variation holds an intrinsic value that should be presumptively respected when setting policy and creating law. Correlatively, cultural homogenization, especially by force, should be resisted. 

Taking as a starting point the recent celebration of the United Nation’s Day of Zero-Tolerance for Female Genital Mutilation, the paper reviews the context of FGS practices in various societies and critiques the inconsistencies of U.N. arguments to advance its goal of total elimination by 2030. Especially problematic for the U.N. …

Rewwild: Reimagining Environmental And Wildlife Wellbeing Through Innovative Lawn Design, Morgan J. Sandau, Maiya G. Roelen, Katia E. Chavez, Lydia K. Niedermeyer

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Manicured, monoculture lawns often dominate private land in urban areas for aesthetic organization. Colonialist roots are embedded in the history of turfgrass lawns and white-picket fences intended to suppress Indigenous knowledge and ways of caring for the diverse land around us. Private land misuse and homogenous lawns are not limited to the United States; the modern lawn contributes to biodiversity loss on a global scale. Humans are concentrated in cities across the world, and urban areas are known to have negative implications for wildlife and habitat, human health, and sustainable resource use. Management of private land in urban settings is …

Sustainable Mobility In International, European And National Law: A Perspective From Europe, Lando Kirchmair

Journal of Law and Mobility

This Article develops a European perspective on sustainable mobility, a concept still underexamined in legal scholarship, and argues that meeting today’s mobility needs while preserving ecological foundations for future generations will not occur without deliberate regulatory intervention. After clarifying the evolution of the core concepts of sustainability, mobility, and sustainable mobility, the Article shows how international, European, and Austrian law have progressively incorporated sustainability goals in the transport sector. It then proposes a taxonomy of financial incentives–from subsidies and tax breaks to behavioral nudges—and evaluates their effectiveness, emphasizing the need for flexible, context-specific regulatory instruments. Applying these insights to self-driving …

Book Review: Automobiles, Cultures And The Question Of Law, Stephen M. Young

Journal of Law and Mobility

Unsettling Colonial Automobilities: Criminalisation and Contested Sovereignties is a compelling interdisciplinary and multileveled study that sits at the intersection of law, criminology, settler colonial studies, and cultural analysis. The authors are well-suited to this task. They include Professors Harry Blagg, with expertise in First Nations community-engaged criminology; Thalia Anthony, from legal and carceral studies; Wiradjuri scholar Juanita Sherwood, who studies Indigenous health and community research; and Kieran Tranter, an expert in cultural legal theory. Together, they offer a layered interrogation of how the motor vehicle and automobility shape the settler colonial ordering of Australia.

This review is comprised of three …

Overbreadth In Medical Practice Acts: A Threat To Preventive Speech, Barbara Zabawa

Faculty Works

Many Americans consult unlicensed wellness coaches for scientifically-valid advice on diet, exercise, and lifestyle interventions. Yet state medical practice acts and ambiguous government line drawing between wellness and medical care chill the speech of these coaches as it relates to disease prevention, even though conventional medicine systematically fails to deliver the speech-heavy preventive care consumers need and want. This Article argues that medical practice acts, particularly the sixteen state statutes that include "prevention" in their definition of medical practice, are constitutionally overbroad restrictions on protected speech. Despite judicial and scholarly assumptions to the contrary, not all those working in wellness …

Zero Tolerance Or Strong Cultural Diversity: The Hard Case Of Female Genital Surgery, James M. Donovan, Christiane Canant

Emory International Law Review

This article applies a thesis favoring strong cultural diversity to defend a subject-centered policy regarding female genital surgeries (FGS). That idea posits that cultural variation holds an intrinsic value that should be presumptively respected when setting policy and creating law. Correlatively, cultural homogenization, especially by force, should be resisted.

Taking as a starting point the recent celebration of the United Nation’s Day of Zero-Tolerance for Female Genital Mutilation, the paper reviews the context of FGS practices in various societies and critiques the inconsistencies of U.N. arguments to advance its goal of total elimination by 2030. Especially problematic for the U.N. …

Is City Of Grants Pass V. Johnson The End For Homelessness Advocates?, Phoenix Burke

Student Works

No abstract provided.

Physician-Assisted Suicide: A Catholic Legal Tradition Perspective, David Mina Ibrahim

Student Works

No abstract provided.

Contract Law (Taylor’S Version): The Legality Of Extended Re-Recording Clauses In Record Label Contracts, Raquelle Rocco

Student Works

No abstract provided.

One Size Doesn’T Fit All: Critical Issues Facing The Wnba Collective Bargaining Agreement, Caroline A. Staff

Student Works

No abstract provided.

Kingsley And The Deliberate Indifference Circuit Split, Kevin Scanlon

Student Works

No abstract provided.

Reinvestment Not Restriction: Modernizing Mlb’S Economic Framework Without A Salary-Cap, Noah J. Hagedoorn

Student Works

No abstract provided.

A Call For A Stronger Framework: The Lack Of Constitutional Protections Against Student Cell Phone Searches, Gabriella Labarbera

Student Works

No abstract provided.

2025-2026 Annual Report, Law And Government Institute

Law and Government Institute Collections

The Law and Government Institute is one of Widener University Commonwealth Law School's signature programs. The Institute focuses on the complex intersection of legislation, regulation, public policy, and the law.

This report covers activities and events through the end of the 2025-26 academic year.

J Am Coll Dent 2026 92 2b

Journal of the American College of Dentists

This special issue of the Journal of the American College of Dentists responds to a growing but long-underrecognized demand for humanities and ethics in dental education, practice, and scholarship. It emerges from the work of the National Collaborative on Humanities and Ethics in Dentistry (NCHED), a multi-institutional partnership formed in 2023 to address the persistent exclusion of dentistry from broader health humanities conversations. Through national webinars and scholarly collaboration, NCHED has demonstrated substantial interest in ethical reflection, historical analysis, narrative inquiry, and the arts as essential to understanding oral health and dental care.

The unexpectedly strong response to the call …

Decomposing Shadow Prices Under Climate-Driven Growth Scenarios: Insights From An Elk Herd Case Study, Ranjit Bawa, Drew Bennett, Wai Yan Siu, Bailey Kirkland, David Finnoff, Jacob Hochard

ODU Articles

Natural capital accounting provides a framework for integrating ecological processes with economic valuation, but the mechanics of shadow price formation often remain opaque to resource managers and policymakers. Using the Clarks Fork elk herd in northwestern Wyoming as a case study, we decompose the shadow price of natural capital into its ecological, economic, and institutional components. Population dynamics are estimated using a linearized Ricker model and projected forward using a logistic projection, incorporating climate-driven reductions in intrinsic growth rates. These ecological scenarios are linked to a shadow pricing formulation that explicitly accounts for marginal benefits, harvest policy responses, discounting, and …

What Did The Sffa Court “Say To John”? White Innocents, Reciprocal Democratic Sacrifice, & The Message Of Affirmative Action, Nathan W. Dean

Minnesota Journal of Law & Inequality

No abstract provided.

Mind The Gap: Time To Rehabilitate Section 504 To Prohibit Disparate Impact Discrimination, Shawn Grant

Minnesota Journal of Law & Inequality

No abstract provided.

The Stored Communications Act At 40: Re-Examining Ecs And Rcs In The Age Of Ai, Shanzay Pervaiz

Joint PIJIP/TLS Research Paper Series

Shanzay Pervaiz, Senior Legal Researcher, examines the Stored Communications Act (SCA) almost forty years after its enactment, focusing on how its core definitions of “electronic communication service” (ECS) and “remote computing service” (RCS) play a central role in regulating domestic and global government access to data. The definitions still shape key U.S. authorities such as FISA Section 702, the CLOUD Act, and international instruments governing law enforcement access to data, including the Budapest Convention and the United Nations Convention on Cybercrime. The paper also looks at the legislative history of the SCA, how U.S. courts define ECS and RCS, and …

2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Alumni News, page 15

50 Years of Daring to Illuminate, page 18

A Fearless, Undaunted Approach to Building a New Law School, page 26

50 Years of Daring to Innovate, page 42

Faculty in the Media, page 66

Faculty Scholarship, page 70

Retirements, page 76

Student Briefs, page 79

Alumni Signature Events, page 83

Classnotes, page 87

Cardozo in a Word, page 92

Lifetime Tenure, Aging, And Cognitive Decline, David H. Churchwell

Mitchell Hamline Law Review

Aging is a fact of life. We all go through it, and we all experience it. But not all of us are federal judges, and not all of us hold positions of power for life. Aging impacts each of us differently, and there are good reasons to have experienced, elder individuals in roles that benefit from such experience, such as serving as a judge. However, age correlates with an increased prevalence of cognitive decline, and that correlation risks harming the judiciary’s legitimacy. This Article argues that constitutional incentives for federal judges permit lengthy judicial tenures, which increases the risk of …

Put Me In, Coach: Enhancing Foundational Lawyering Skills Across The Curriculum With Neurodivergent Law Students In Mind, Erica M. Lux

Mitchell Hamline Law Review

As more adults discover that they are neurodivergent, the law student population is likely to be no different, and legal education must adapt to support the skill development needs of neurodivergent students as they prepare to enter the profession. Neurodivergence is a non-medical term that refers to a variety of conditions resulting from changes to a person’s brain structure and function. More commonly, academic discussions around neurodivergence focus on autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD)—both of which have not been properly diagnosed over the past several decades. However, neurodivergence also incorporates anxiety disorders, obsessive-compulsive disorder (OCD), …

Amicus Incorporated, Adam N. Eckart

Mitchell Hamline Law Review

Attorneys have long advanced change through the court system—including through high-stakes, high-profile litigation in front of the Supreme Court of the United States. Attorneys appearing before the Court often represent individuals, nonprofit organizations, or the gov-ernment, and often seek to drive social reform through the platforms of their organizations. But attorneys representing big businesses also advo-cate for change through action at the Supreme Court. While businesses are not new to speaking out in front of the Court, they have become in-creasingly active in cases focused on social issues, including by submit-ting amicus briefs to the Court in support of a …

Premium Injustice: Addressing The Harms That Cash Bail Premiums Inflict On The Non-Convicted, Jeffery L. Young

Mitchell Hamline Law Review

No abstract provided.

Combating Forced Labor: Why Trade Laws Work Better, Julia Steggerda-Corey

Mitchell Hamline Law Review

Nearly twenty-eight million people across the globe are coerced into involuntary work or service. This forced labor occurs in virtually every industry and at every stage of supply chains and goods production. Nation-states have sought to address this epidemic for decades through anti-slavery, trade, and human rights laws. These mechanisms have largely failed and forced labor in the supply chain remains an underpin-ning of modern capitalism. To be effective, legal mechanisms must in-centivize businesses to make strategic decisions that bring about an end to forced labor. This Article is the first to analyze the European Union’s Corporate Sustainability Due Diligence …