Digital Commons Network^™

Bidenomics: An Analysis, Chad Marzen

Dickinson Law Review (2017-Present)

“What’s Bidenomics? It’s about investing in—and I feel like I’m going to—I’m going to try not to repeat some of what my colleagues have already said, but it’s about investing in America—investing in America and investing in Americans—American People” – Former President Joseph R. Biden, Jr.¹ “It’s about growing the economy from the middle out and bottom up instead of the top down. Because when the middle class does well, the poor have a ladder up and the wealthy still do very well.” – Former President Joseph R. Biden, Jr.² “The West Wing may believe Bidenomics is working …

Trained, Trusted, And Vetted, But Still Unarmed: The Army Is Bucking Congress And The Court By Continuing To Prohibit Concealed Carry, Major Jonathon L. Krisko

Dickinson Law Review (2017-Present)

The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment …

Suppressing The Surge: Starbucks And The Limits Of Labor Rights, Ivan Garcia

Dickinson Law Review (2017-Present)

In the wake of the 2020 COVID-19 pandemic, Starbucks workers launched an unprecedented movement to organize workers at each store. Starbucks management responded to this movement with an unlawful union busting campaign. The National Labor Relations Board found that the Starbucks campaign violated workers’ rights to engage in union activity under the National Labor Relations Act. Starbucks’ efforts allowed them to stave off any collective bargaining agreement between the stores and the union. The company adopted aggressive tactics in the run-up to worksite elections which the Board found amounted to unlawful interference. The endeavor to organize workers at Starbucks stores …

Complying With Title Ix In The Nil Era, Benjamin Moyer

Dickinson Law Review (2017-Present)

On July 1, 2021, college athletics forever changed when the NCAA allowed college athletes to receive financial compensation for the use of their Name, Image, and Likeness (NIL) in endorsements and other marketing engagements. While NIL has empowered college athletes and enabled them to profit from their athletic abilities, it has also thrown the college sports industry into chaos. The House v. NCAA settlement agreement, which was officially approved on June 6, 2025, was expected to establish better guardrails for universities. However, the agreement’s approval may only increase universities’ exposure under Title IX. Part of the House settlement agreement enables …

It’S Gone To The Dogs: The Need For Regulation In Professional Service Dog Training, Crystal J. Elsner

Dickinson Law Review (2017-Present)

Currently, no state requires professional service dog trainers to pass any test or obtain any occupational licensure to prove their competency. While the Americans with Disabilities Act and its implementing regulations do not require that dogs complete a professional training program to be considered service dogs, many individuals with disabilities choose to use such programs. The unregulated nature of the industry allows inexperienced individuals to market themselves as professionals, which can harm not only the dogs receiving training but also the humans that will eventually take them home. Further, the lack of industry oversight leaves room for bad actors to …

Envisioning Antiracist Legal Education In Aotearoa New Zealand: The Role Of Leadership, Mele T. Vaitohi

Dickinson Law Review (2017-Present)

This Essay presents a comprehensive examination of antiracism within Aotearoa New Zealand’s legal education, underscoring the critical need to embed antiracist principles across both the curriculum and the legal profession. It highlights the imperative for systemic change to dismantle structural inequities and advocates for an educational framework that prepares future lawyers to address and challenge racial injustice. Additionally, the Essay demonstrates how visionary leadership can spearhead transformative initiatives that amplify Pacific voices, cultivating a legal landscape that is both inclusive and equitable. Through these insights, this Essay aims to contribute to ongoing dialogues on creating a justice system reflective of …

The Future Of Title Ix After House V. Ncaa, Abigail Perkiss

Dickinson Law Review (2017-Present)

In October 2025, attorneys representing current and former Division I college athletes filed preliminary briefs in the Ninth Circuit, calling on the appellate court to reverse the settlement in House v. NCAA,¹ which in April 2025 turned intercollegiate athletics on its head. The brief argued that the terms of the settlement stand in violation of Title IX of the 1972 Educational Amendments, the legislation that prohibited sex-based discrimination in education programs and related activities that receive federal funding. According to the settlement terms, 90 percent of the backpay is earmarked to fund men’s football and basketball players, 5 percent …

Advocating For Cause: The California Recall Process Needs A Purpose, Mary-Beth Moylan

Dickinson Law Review (2017-Present)

Democratic systems and the tools that sustain them need to operate by the people and for the people with consideration to the realities of the era in which they exist. The use of direct democracy, and in particular the recall process, in recent decades suggests that what was once a progressive reform intended to ensure good government has now become a political tool for stoking partisan disruption. It is time for a close look at how and why some states continue to allow for recall and the circumstances under which a recall election should be called. During the COVID-19 pandemic, …

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …

Legislative Debate-Attributed Suicidality Among Lgbtq+ Adults: The Buffering Effect Of Community Belongingness, Keith J. Watts, Shawndaya S. Thrasher, Laneshia R. Conner, Nicole Campbell, Louis G. Baser, Dekeitra Griffin, Sydney P. Howard, Missy Spears, Justin X. Moore

Counseling & Human Services Faculty Publications

Background: In recent years, the sociopolitical landscape in the United States has shifted due to an increase in state-level legislation regarding LGBTQ+ rights, a trend that has been particularly pronounced in the Commonwealth of Kentucky. While the mental health impacts of enacted laws are increasingly documented, a critical gap remains in understanding the psychological toll of the legislative debates themselves—the prolonged periods of public discourse surrounding the restriction of rights. Methods: Utilizing data from the 2025 Queer Kentucky Survey (N = 817), this exploratory study examined the association between LGBTQ+ community belongingness and acute suicidality attributed specifically to anti-LGBTQ+ legislative …

Social Safety And Social Security: Validating Context-Specific Instruments For Slums, Liss D. Romero, Katherine Palacio, Zacheous Ako Abang, Valeria Silgado, Humberto Llinas, Leidy González, Erika Frydenlund, Daniel Bolivar, Jose J. Padilla

VMASC Publications

Social safety and social security are concepts that help explain a community's well-being by assessing how it manages and mitigate existing, or perceived, risks. However, these terms are often conflated, which can limit understanding, particularly in areas with unstable living conditions. This study explores both concepts in the context of residents living in slums. As the number of displaced people grows, slums and informal settlements are becoming increasingly common worldwide, making it essential to clarify these concepts. Residents of slums face numerous hazards, including crime, violence, inadequate housing, overcrowding, and limited access to essential services. To measure social safety and …

Foreword, Mckenzie Porter

University of Colorado Law Review

No abstract provided.

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

The History Of Mass Incarceration And Its Implications, Evan Sevaly

CMC Senior Theses

In this thesis, I develop a model to answer four questions about US incarceration: why did incarceration increase between 1973 to 2009, why have incarceration figures experienced an overall decrease since then, and what explains their oscillation, why has the penal system consistently incarcerated marginalized groups at disproportionate rates, and why is the US an incarceration outlier compared to other industrialized countries? I split the competing explanations to these questions into four schools of thought: the perspective that neoliberalism caused mass incarceration, the perspective that surpluses in finance capital, land, population, and state capacity caused mass incarceration, the perspective that …

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …

Immigration Federalism And The Promise Of State Constitutions, Joanne Gottesman

Lewis & Clark Law Review

This Article explores state constitutions’ promises and pitfalls for immigrant rights advocacy. This is a particularly urgent endeavor, given the anti-immigrant measures of President Trump’s second term and a U.S. Supreme Court that is willing to reverse longstanding precedent. Even cases like Plyler v. Doe, with its guarantee of free public education to undocumented children, could be vulnerable. While U.S. Supreme Court opinions protecting immigrant rights are the gold standard because they apply nationwide, state courts and state constitutions provide critical alternative avenues for relief that should not be overlooked.

This Article considers some state constitutional provisions that may help …

The Future Of U.S. Higher Education: Equity Implications Of Shifting Immigration Policies, Research Institute For Social Equity Rise

Research Institute for Social Equity

This report examines the impact of U.S. immigration policies on higher education and international students from 2000 to 2025. It traces five major policy eras, from the post- 9/11 security overhaul and Obama-era expansion to the restrictive turns of 2017–2020 and 2025, and analyzes how shifting regulations have influenced enrollment patterns, economic contributions, and student well-being. Despite hosting more than 1.1 million international students in 2023–2024, the U.S. share of the global student market has fallen from 20% to 16%, underscoring how policy volatility and restrictive measures weaken national competitiveness. Drawing on federal data, scholarly research, and institutional reports, this …

The Seeds Of Peace And Justice, Shai Dothan

Chicago Journal of International Law

Some positive developments in international law had humble beginnings. They started from a small group of idealists who wanted to change the world for the better. Once their ideas gathered momentum, they got the support of people with power and transformed the world. State after state followed each other in a cascade toward improving international law. The purpose of this paper is to investigate the conditions that are beneficial for the initial germination of ideas with the potential to positively revolutionize international law. By using a series of case studies focused on the initiation of major transformations that improved international …

The Nlrb’S Authority To Make Workers Whole, Wanny Mei

Fordham Law Review

In December 2022, the National Labor Relations Board (NLRB or the “Board”) announced a modified make-whole remedial framework in Thryv, Inc.For all standard make-whole relief orders, the Board would order relief for direct or foreseeable pecuniary harms that employees suffer as a result of an unfair labor practice. Proponents of this remedial design assert that this is consistent with the Board’s authority under section 10(c) of the National Labor Relations Act (NLRA). On the other hand, opponents find that this design exceeds the Board’s statutory authority and conflicts with the Seventh Amendment right to a jury trial.

This Note …

The Dead Hand And Frozen Lives: Embryonic Personhood And The Disruption Of Property Interests, Emma Miloglav

Fordham Law Review

Advances in assisted reproductive technology and the expansion of fetal personhood laws are colliding with a body of property doctrine built on assumptions about reproduction that no longer hold. In LePage v. Center for Reproductive Medicine, P.C., the Supreme Court of Alabama held that extrauterine embryos—fertilized and frozen in a laboratory—are “children” under the state’s Wrongful Death of a Minor Act. LePage represents a dramatic extension of fetal personhood.

This shift carries profound consequences for trusts and estates. If frozen embryos are treated as legal persons, they may qualify as heirs under intestacy statutes and as beneficiaries of wills, …

Climate Change As A Security Interest: A Novel Defense In Fossil Fuel Investment Arbitration, Nabil Kapasi

Chicago Journal of International Law

Thousands of international investment and trade agreements contain provisions protecting investments made by parties from the signatory states. One such provision is Investor-State Dispute Settlement (ISDS), a mechanism allowing foreign investors to sue host states in arbitration for treaty violations. Fossil fuel investors are increasingly utilizing ISDS successfully to hold states liable for climate action; arbitral tribunals are awarding large compensations to these investors when states deny them permits for upstream activities or enact phase-out policies attempting to ban fossil fuel consumption. These awards impose heavy burdens on states while simultaneously deterring climate action by creating fears of liability. This …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.

Second-Class Asylum, Third-Country Danger, Michael Kagan

Scholarly Works

The Trump Administration has aggressively pursued a policy of deporting people who have been found to be in danger of persecution or torture in their countries of origin to third countries. It has primarily impacted people who have two types of what may be called second-class asylum, namely withholding or deferral or removal. This Article examines the structural problems posed by second-class asylum as defined in the Immigration and Nationality Act (INA). The INA’s collection of tiered protected status for people in danger in their countries of origin was always illogical, though its incoherency was more manageable before 2025, when …

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Scholarly Works

This paper argues that the legal ethics of AI extend far beyond competence and hallucinations. It shows how AI often functions as a mirror, exposing deeper ethical questions about institutional incentives, lawyer wellbeing, access to justice, and AI's broader social and environmental impacts.

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

From Property To Personhood: Reimagining Nature's Place In The Legal Order, Lan Cao

William & Mary Environmental Law and Policy Review

This Article explores the emerging rights of nature movement as a radical departure from traditional environmental approaches, grounded in a “new consciousness” that challenges the anthropocentric world-view. The Article sets the stage for a defense of the rights of nature by providing a comprehensive critique of the current model of economic development, primarily focused on GDP, which has proven detrimental to environmental health by neglecting broader values; the Article also highlights alternative measures adopted by entities like the UN and EU that incorporate factors like happiness. Rights of nature builds upon that foundation for a broader understanding of development and …

The Lost Mines Of Appalachia: How Revitalizing Abandoned Coal Mines Can Revitalize A Region, Jonathan Gharib

William & Mary Environmental Law and Policy Review

Since the decline of coal, which began in the late 1980s, Appalachia has been left with thousands of abandoned coal mines that act as a stand-in for the state of the region as a whole. This stands in not only for the economic decline of the region, but also as a stand-in for the people of the region who also perceive themselves to have been abandoned. The future status, both legal and economic, of these abandoned mines that once helped to fuel Appalachia’s growth is unclear. Despite the muddied history of both Appalachia and these mines, with the proper legal …