Digital Commons Network^™

The Due Process And Policy Implications Of The Laken Riley Act, Abigail Adu

University of Cincinnati Law Review

No abstract provided.

Enabling Unpredictability And The Perils Of Judicial Science And Math In Ohio V. Epa, Neil Taylor, Bradford Mank

University of Cincinnati Law Review

No abstract provided.

Corner Post, Caremark, And The Rule Of Law: When Corporate Fiduciaries Should Reject Corner Post's Invitation To Sue, Kate Jackson, Bridget Dooling

University of Cincinnati Law Review

No abstract provided.

Regulatory Uncertainty And The New Administrative Law, Lisa Heinzerling

University of Cincinnati Law Review

No abstract provided.

Dysregulation, John Applegate

University of Cincinnati Law Review

No abstract provided.

Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel, John D. Flowers, Madi Mcmichael Moseley

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.

Georgia's Best Friend, Harold D. Melton

Mercer Law Review

“Chief Justice Michael Boggs is one of my very best friends in life,” say people all over the great State of Georgia, including me. Rare is the man who has such a clear sense of purpose and who derives so much joy in being a true friend to the people around him. And by that, I refer to his tight-knit inner circle and the broader community at large: his wife, his immediate family, his extended family, his local community, his legal community, and also the people who make Georgia their home.

Torts, Kelly Cahill Timmons

Mercer Law Review

2024–2025 was a big year for tort law in Georgia, particularly on the legislative side. Governor Brian Kemp achieved his primary goal for the 2025 legislative session, working with the Georgia General Assembly to enact significant tort reform measures. These measures change Georgia law on the collateral source rule, the relevance of seatbelt evidence, and—most notably—in the area of negligent security. All of these changes benefit tort defendants. The Supreme Court of Georgia also made its mark on tort law during the Survey period, deciding several cases involving the liability of professionals and adopting rules that— more often than not—benefited …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2024–May 31, 2025. The Article discusses developments with respect to lawyer discipline, bar admission and reinstatement, malpractice, ineffective assistance of counsel, disqualification of counsel, judicial misconduct and recusal, attorney’s fees and liens, contempt and other sanctions, unauthorized practice of law, attorney-client privilege, prosecutorial misconduct, amendments to the Georgia Rules of Professional Conduct, advisory opinions, one miscellaneous matter, and potential reforms to the delivery of legal services.

Workers’ Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

This Survey period saw notable decisions from Georgia’s appellate courts addressing issues including a potential limiting effect on employees’ misrepresentations in the hiring process, the refusal of suitable light duty work, and application of the exclusive remedy provision to civil suits. There was no notable legislation, as the legislature was instead occupied with the “tort reform” bill, Senate Bill 68, which includes virtually no reference to workers’ compensation.

Brief Of Lindsay And Matt Moroun Religious Liberty Clinic As Amicus Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 25-2575, 25-2662
Commonwealth of Pennsylvania v. President United States of America

On Appeal from the U.S. District Court for the Eastern District of Pennsylvania
No. 2:17-cv-04540-WB (Hon. Wendy Bettlestone)

From the Summary of the Argument

The agencies’ promulgation of the Religious and Moral Rules challenged in this case was neither arbitrary nor capricious. Widespread litigation against the agencies’ contraceptive mandate under the Religious Freedom Restoration Act— and multiple trips to the Supreme Court—made clear that the mandate violates the federally protected rights of organizations like the Little Sisters of the Poor. After years of failed efforts to alleviate that …

Rules Of Decision, Judicial Power, And The Valid Rule Requirement, John Harrison

Catholic University Law Review

Some current Supreme Court debates that concern seemingly specialized issues raise fundamental questions about the role of the Constitution in the legal system and the role of the courts when they decide constitutional issues. In recent years, Justice Thomas has suggested that the doctrines of First Amendment overbreadth, so-called third-party standing in cases involving constitutional liberty, and statutory inseverability call on federal courts to exceed their role under Article III. Justice Thomas maintains that when courts apply those doctrines, the courts decide cases not before them. Building on the work of Professor Henry Monaghan, this article argues that those concerns …

Facial Challenges, Remedies, And The Judicial Power, Natalie R. Schmidt

Catholic University Law Review

The Supreme Court has long maligned facial, as opposed to as-applied, challenges to the constitutionality of statutes, warning that they are disfavored and difficult to win. But recently, in his separate opinion in Moody v. NetChoice, LLC, Justice Thomas has launched a stronger attack: facial challenges are improper exercises of the judicial power. Facial challenges, he asserted, require courts to go beyond the case or controversy before them, improperly distort standing doctrine, and thus violate Article III of the U.S. Constitution.

This Symposium Piece addresses Justice Thomas’s charge head on, arguing that facial challenges do not implicate the judicial …

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …

Standing Apart: Wasserman V. Franklin County And The End Of Third-Party Standing In Georgia, Scott Key

Mercer Law Review

In Wasserman v. Franklin County, the Supreme Court of Georgia ended third-party standing, reasoning that the Georgia Constitution does not provide for it and that principles of stare decisis do not require that Georgia courts continue to follow the third-party standing doctrine. While Georgia courts imported the federal third-party standing doctrine in 2007, the supreme court abandoned it approximately eighteen years later. Beginning in Sons of Confederate Veterans v. Henry County Board Of Commissioners (“SCV”), the court narrowed the scope of standing under Georgia law. This case also reflects a broader trend in which the court strictly construes the language …

The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun

Honors College Theses

This thesis examines the impact of New York City’s bail reform on crime, recidivism, and jail populations, with particular attention to whether the reform has contributed to increased violence. Implemented in 2020 to reduce racial and economic inequalities, bail reform eliminated cash bail for most low-level offenses and emphasized the least restrictive pretrial conditions, with subsequent amendments expanding eligibility for detention. Using cross-sectional data from multiple governmental and research institutions, this study analyzes arrest rates, rearrest rates, and jail population trends before and after implementation. Findings indicate no significant increase in recidivism or violent crime attributable to bail reform. Fluctuations …

Ai And Naval Operations, Wolff Heintschel Von Heinegg

International Law Studies

Artificial intelligence systems in naval operations are reality. They enhance naval capabilities in various respects. Autonomous surface and underwater vehicles depend on such systems. Moreover, these systems contribute to threat detection and identification, to real-time strategy optimization, and to intelligence analysis. The present article provides a brief analysis of the legality of AI systems used by naval forces under the law of naval warfare, which, in many respects, differs considerably from the law of land warfare. Accordingly, it is necessary to distinguish between attacks from the sea against targets on land and attacks against targets at sea and in the …

The Next Drug Epidemic Is Legal: The Nation's Kratom Problem Is More Complicated—And More Harmful—Than It Seems, Elizabeth Walsh

Capstones

This two-part health and science investigative piece reports how kratom and its offshoots have quietly fueled a lucrative and legal addiction epidemic for the last decade. While kratom’s derivative alkaloid 7-hyrdoxymitragynine made headlines this year and as the DEA is poised to ban the strong derivative, “natural” kratom and other kratom-derived products will remain. This piece tracks the history of the 'gas‑station opioid' crisis in the U.S. over ten years: what was thought to be an innocuous southeast Asian supplement has become multi-billion dollar industry built on gray‑area laws, marketed falsehoods, and regulatory loophooles.

Part 1: The ‘Gas Station Opioid’ …

Two Major Ontario Hospital Labs Bought Research Dogs From U.S. Breeder With Troubled Pastdogs Bred For Scientific And Medical Testing Suffer Abuse As The Scientific Industry Increasingly Turns To Alternatives For Research., Allison Hunter, Mary Beech, Sami Marshak, Kate Morano

Capstones

The purpose-bred dog breeding industry for research is little known. Each year, thousands of dogs are bred for scientific and medical testing, supplied to research facilities by a handful of major commercial breeders. But gaps in enforcement and regulation have allowed abuses to persist, even as the industry increasingly turns to alternatives to animal testing. Animal rights advocates have been decrying the treatment of these dogs. A federal Inspector General report found lax oversight of the industry, raising further concerns about how dogs are treated. This story was reported in collaboration with the Investigative Journalism Bureau, based in Toronto, and …

"How Is That Not Stalking?”: A Call For Legislative Reform In Pennsylvania, Lauren Marvel, Jessica Poley

Widener Commonwealth Law Review

No abstract provided.

#Bailfail: How Non-Uniform Bail Schedules May Have A Deleterious Effect On Human Trafficking Prosecutions, Benjamin Thomas Greer

Widener Commonwealth Law Review

No abstract provided.

Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova

Widener Commonwealth Law Review

No abstract provided.

Looking Down The Road: The First Steps To A Public Interest Law Career, Amy Leipziger

Vanderbilt Social Justice Reporter

No abstract provided.

April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder

Vanderbilt Social Justice Reporter

No abstract provided.

Estoppel Without Regard To Equity? The Puzzling Omission Of Promissory Estoppel’S Inequity Condition In Canada, Marcus Moore

All Faculty Publications

Promissory estoppel plays an important role in enabling the enforcement of promises not made for consideration in cases where the promise was intended to and did induce a party to change its position in regard to preexisting legal rights. However, Canadian law on estoppel has been plagued by confusion and misunderstanding. This article addresses the internationally notable absence of an inequity requirement from promissory estoppel in Canada. The requirement’s absence is peculiar, in that estoppel’s very foundation is in equity, and it must assure that its effect is indeed equitable. Drawing on the Supreme Court of Canada’s decision in Trial …

The Equity Dead Zones: Legal Intersectionality Failure Points In Chapter 13 Bankruptcy, Tearria N. Simmons

The Guardianship Journal

Legal intersectionality failure points describe the systemic fractures that occur where overlapping legal, social, and economic inequalities converge, potentially producing compounded barriers to relief. Each failure point marks a site of marginalization. In what ways do individuals already recognized as vulnerable in Chapter 13 bankruptcy face a heightened risk when multiple forms of disadvantage intersect? When these intersections combine in mutually reinforcing ways—racial, economic, and relational disparities colliding with structural deficiencies in family, property, and bankruptcy law—does it result in pronounced negative outcomes, and, if so, what are those outcomes? Within this convergence, could there be a space where compounded …

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …

Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton

The Guardianship Journal

This paper examines the important role of storytelling in higher education as a technique for engaging students in course content and applies its relationship to the experiential learning theory (ELT) in which learners are actively seeking knowledge through authentic application. Storytelling can be a particularly effective method when used during live online seminars in public safety education, since this particular program of study often relies on verbally communicating realistic and credible information. Sharing various examples of actual encounters can help students better prepare for these types of situations when they face them in their future careers. Incorporating evidence to support …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …