Digital Commons Network^™

Rectifying The Safe Drinking Water Act And The Clean Water Act: Per- And Poly-Fluoroalkyl Substances (Pfas)—A Case Study, M. Elizabeth Goss

Kentucky Law Journal

No abstract provided.

The Fact-Finders' Dialectic: Beyond Rationalist Optimism And Realist Pessimism, Michael Head

Kentucky Law Journal

No abstract provided.

How Lochnerism Ends, Robert Knowles

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 56, No. 1 2025

Seton Hall Law Review

No abstract provided.

The Opioid Crisis Meets Genomics, Valerie Gutmann Koch

Seton Hall Law Review

No abstract provided.

Voter Emancipation In Slavery’S Afterlife, Carla Laroche

Seton Hall Law Review

No abstract provided.

Law Review Symposium: Prisoners' Rights: Protecting Civil Liberties Behind Bars & Beyond 11-7-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Overriding Autopilot: How A Private Right Of Action Can Revitalize The Air Carrier Access Act After Decades Of Neglect, Carter Massengill

Seton Hall Law Review

No abstract provided.

Data Privacy In Crisis: How Crisis Pregnancy Centers Threaten The Personal Health Information Of Women Seeking Abortion Care, Melissa Mcgloin

Seton Hall Law Review

No abstract provided.

Reckoning With Antisemitism In History And Tradition, Nathaniel Shaw Hay, Isaac Barnes May

Pepperdine Law Review

“History and tradition” has become a watchword of modern constitutional interpretation, shaping Supreme Court jurisprudence and framing ongoing debates over the meaning of the Fourteenth Amendment. Yet this interpretive framework remains under-theorized in one critical respect: how should it grapple with the prejudices embedded in the very traditions it invokes? This Article examines that question through the lens of anti-Jewish discrimination in Anglo-American law, using this history as a case study to examine both the perils and promise of relying on history as a source of constitutional authority. For centuries, the common law excluded Jews from full civic participation in …

Conflict Clarity: How To Teach Students To Turn Disputes Into Growth Opportunities, Eileen Paige Petzold-Bradley

Learning and Educational Center Virtual Teaching and Learning Conference

Conflict is an unavoidable part of learning and working in today’s fast-changing industries. Faculty often observe students struggling with teamwork, communication breakdowns, and emotional self-management during group projects or internships. This session equips educators with practical strategies to help students build durable skills—conflict resolution, emotional intelligence, and self-awareness—that translate directly into professional success.

Drawing on research in conflict management, leadership, and organizational psychology, participants will explore the “Conflict Clarity” framework: a set of teaching tools, reflection prompts, and case scenarios designed for classroom use across disciplines. Faculty will learn how to integrate conflict styles, the CLEAR conversation framework, and role-play …

Healing Through Acknowledgment: The Role Of Naturalistic Restorative Justice And Twentieth Century Genocide Recovery, Julia R. Swirbalus

The Graduate Review

This article defines and explores the application of restorative justice principles in the context of twentieth century genocide acknowledgments. The genocides used as case studies in this article include the Holocaust, Cambodian genocide, and Rwandan genocide. This article examines how survivors have utilized restorative practices to facilitate healing, the importance of historical site preservation, and governments acknowledging their wrongdoings. The importance of acknowledgment and making amends to facilitate healing is highlighted throughout the article. The findings underscore the complexity of applying restorative justice to genocide and the necessity of proper acknowledgment for true reconciliation and healing to occur. This article …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani

Indian Journal of Law and Technology

No abstract provided.

International Investment Law And Sustainable Development - Friend Or Foe?, Barnali Choudhury

All Papers

Foreign direct investment (FDI) is widely regarded as a critical mechanism for achieving the Sustainable Development Goals (SDGs), yet the legal framework governing such investment often operates in tension with sustainability imperatives. This conference paper examines the complex relationship between international investment agreements (IIAs) and sustainable development and questions whether IIAs serve as instruments that promote or impede states’ pursuit of sustainability objectives. It argues that the structure and interpretation of IIAs, characterized by broad definitions and expansively worded standards of treatment as well as the use of investor–state dispute settlement (ISDS), have frequently constrained states’ regulatory autonomy, particularly in …

Uniform Maine Citations, 2025-2027 Edition, Sara T.S. Wolff, Charles K. Leadbetter, Michael D. Seitzinger

Uniform Maine Citations

Uniform Maine Citations is organized so that similar types of references to Maine authorities appear together. The organization is grouped by primary or secondary research materials, including subdivisions for (1) statutory and legislative materials, including constitutions, statutes, legislative documents, and municipal ordinances; (2) court decisions, rules, and documents; (3) executive agency regulations, reports, and other documents; and (4) secondary materials that analyze and interpret the primary materials, including Maine-specific treatises, practice books, and legal periodicals. Beyond guidance for proper citation, the primary and secondary sources identified in this edition constitute a useful catalog of materials available to support research into …

Subverting The System: Reducing Sex Offender Recidivism And Aiding Reentry Through The Use Of Specialty Courts, Jaymes Fairfax-Columbo, Emma Hamilton, Chelsea Jackson, Lia Knox-Hershey, David Dematteo

Texas A&M Law Review

Sex offender policy in the United States is predicated on accomplishing risk reduction and increasing public safety via punishment and incapacitation. Theoretically, accomplishing these goals should lessen the risk that sex offenders pose to society. However, an accumulated research base suggests that sex offender policies are ineffective in that they do not reduce recidivism rates, do not diminish children’s risk of sexual predation, and produce numerous detrimental collateral consequences. Further, current sex offender policies may actively undermine risk reduction by placing factors known to reduce risk level, such as stable housing, employment, and social support, out of the reach of …

Major Rules In The Courts: An Empirical Study Of Challenges To Federal Agencies’ Major Rules, Libby Dimenstein, Donald L. R. Goodson, Tyler Szeto

Texas A&M Law Review

Since at least the 1990s, presidents have seen the administrative state as a key tool, if not the primary one, for achieving policy objectives. At the same time, the administrative state has faced growing scrutiny, particularly from members of the Supreme Court. Given these dynamics, do some administrations’ regulatory actions fare better in court than others? Are there any trends we can see over time? These are some of the questions we sought to answer in the first empirical study of how major rules, as defined under the Congressional Review Act (“CRA”), fare in federal court. We chose major rules …

A Reemployment Right For People In Pretrial Detention, Jordan Laris Cohen

Texas A&M Law Review

Job loss is a major collateral consequence of pretrial detention. It frequently results from even short periods of detention and can have cascading and long term effects on income, housing security, family stability, and likelihood of incarceration—all despite the fact that people in pretrial detention are entitled to a presumption of innocence and indeed may never be found guilty of an offense. Given existing racial disparities in arrests, bail determinations, and bail amounts, job loss from pretrial detention further drives racial inequalities in employment and income. While job loss from pretrial detention inflicts substantial social harms and undermines due process, …

That Old College Try: Judge-Made Monopolies In The Market For Affinity Goods, John A. Rothchild

Texas A&M Law Review

There is a large market for goods such as t-shirts, coffee mugs, posters, and baseball caps that are emblazoned with the names and symbols of culturally prominent institutions—universities, athletic teams, musical bands, automobile brands. We buy, wear, and display those goods to express our affinity with the referenced institution. The owners of the trade symbols that adorn these items, which this Article refers to as “affinity goods,” jealously guard what they claim is their sole right, under the trademark laws, to authorize the use of their symbols as decoration. They have brought numerous lawsuits aimed at establishing and enforcing this …

Trade Secrecy’S Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan

Notre Dame Law Review

Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …

Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo

Notre Dame Law Review

From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures feared that liability would chill innovation, growth, and user access. They also speculated that platforms have sufficient market incentives to voluntarily police bad actors, making liability unnecessary.

Whereas many scholars have argued that platform immunity is blind to justice, this Article shows that it is also …

A Crisis Of Consensus: The Supreme Court’S Legitimacy And Recent Challenges Thereto, Abby Ulman

Notre Dame Law Review

Part I retells the history of Supreme Court decisions—from the time when Justices followed the British practice of issuing seriatim opinions to the time of Chief Justice John Marshall who instituted a policy of a single opinion for the Court. This norm of consensus lasted 140 years, during which the Court decided more than ninety percent of its cases unanimously. However, modern practice has been marked by division and dissensus, which have incited rhetoric of delegitimization. Part II examines two types of consensuses. Section A discusses internal consensus, or the extent to which the Justices agree with each other. Yet …

Give Parents The Vote, Joshua Kleinfeld, Stephen E. Sachs

Notre Dame Law Review

Many of America’s most significant policy problems, from failing schools to the aftershocks of COVID shutdowns to national debt to climate change, share a common factor: the weak political power of children. Children are twenty-three percent of all citizens; they have distinct interests; and they already count for electoral districting. But because they lack the maturity to vote for themselves, their interests don’t count proportionally at the polls. The result is policy that observably disserves children’s interests and violates a deep principle of democratic fairness: that citizens, through voting, can make political power respond to their interests.

Yet there’s a …

Give Young Adults The Vote, Nicholas O. Stephanopoulos

Notre Dame Law Review

Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and defending parental proxy voting: empowering parents to vote on their children’s behalf. The authors’ democratic critique of the status quo is particularly persuasive. Children’s exclusion from the franchise indeed distorts public policies by omitting children’s preferences from the set that policymakers consider. However, Kleinfeld and Sachs’s proposal wouldn’t do enough to correct this distortion. This is because contemporary parents diverge politically from their children, holding, on average, substantially more conservative views. The proxy votes that parents cast for their children would thus …

What Is Voting For?, Joshua Kleinfeld, Stephen E. Sachs

Notre Dame Law Review

Responding to these views requires some reflection on the nature of voting and parenting both. At root, Stephanopoulos and Fishkin don’t think parents are the right people to represent their children politically, and we do. We unpack these theoretical differences as to both voting and parenting in Part I. In Part II, we address Stephanopoulos’s and Fishkin’s concrete policy proposals.

A last note: While our response below naturally focuses on points of disagreement, as that is the way of these things, that focus shouldn’t detract from the crucial fact that all four of us—from different political perspectives—think the status quo …

Appropriations By Any Other Name: The Illegality And Unconstitutionality Of Supplemental Environmental Projects, Andrew Olson

Notre Dame Law Review

This Note fleshes out the history of SEPs and the recent arguments against them. First, Part I traces the history of SEPs, from the early use of third-party payments, through the development of formal policies governing SEPs, to the Trump and Biden administrations’ dueling approaches to them. Then Part II explains what’s wrong with SEPs. Expanding on the arguments made in the various Justice Department memoranda, this Note argues that SEPs contravene both the Miscellaneous Receipts Act (MRA) and the Antideficiency Act (ADA). Next, the Note argues that while their illegality might be remedied by statute, SEPs also present deeper—and …

Oligarchy, State, And Cryptopia, Julie E. Cohen

Fordham Law Review

Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has …

New Judicial Federalism And The Establishment Clause: Classroom Ten Commandments As A Case Study In State Constitutional Protection, Caroline Mala Corbin

Articles

Louisiana recently enacted a law requiring a Ten Commandments display in every public school classroom from kindergarten to college. Forty-five years ago, the U.S. Supreme Court ruled that a nearly identical attempt to introduce Christianity into the public schools violated the Establishment Clause—the clause in the U.S. Constitution’s First Amendment that requires some degree of separation between church and state.

Unfortunately, the U.S. Supreme Court has since reduced the Establishment Clause to a shadow of its former self. It replaced doctrinal tests that protected religious minorities with a history and tradition test that is easily manipulated and that presumes the …

Modernizing Family Courts: How Technology-Driven Triage Improves Access To Justice For Self- Represented Litigants And Enhances Efficiency For Lawyers, Ayyoub Ajmi, Alicia Davis

Faculty Works

Family courts are overwhelmed by rising caseloads, increasing parental conflict, and limited judicial resources. With 80–90% of litigants self-represented (SRLs), case delays and inefficiencies affect all parties, including those with private counsel. High-conflict cases make up 10–30% of dockets, consuming judicial time and worsening outcomes for families, especially children. This article explores the Family Court Services Portal, a technology-driven triage tool designed to streamline family case processing, improve access to justice, and help courts allocate re- sources effectively. The portal integrates pre-screening triage automation, guiding parties through structured issue identification to support proportional judicial intervention and informed case management. Developed …