Digital Commons Network^™

Standing On Stare Decisis After Students For Fair Admissions, Areeb Asif, Lindsey Roloff

Northwestern University Law Review

The Supreme Court recognized nearly half a century ago in Regents of the University of California v. Bakke that “the ‘nation’s future depends upon leaders trained through wide exposure’ to the ideas and mores of students as diverse as this Nation of many peoples.” Nevertheless, the Court seriously undercut efforts to bring such a future to life by striking down race-conscious admissions programs in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA). Though SFFA’s binding effect is limited to educational institutions, …

Crisis Convergence, Sarah Medina Camiscoli

Northwestern University Law Review

Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …

Constitutional Futurisms, Jeremiah Chin

Northwestern University Law Review

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke

Northwestern University Law Review

Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Compliance Vs. National Interest: Why Do Trade Restrictions Fail Under The Wto?, Enni Ekakusumawati, Abdul Masba Magasing, Maskun, Winnar Sitorus, Muhammad Mutawalli Mukhlis

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

Trade restrictions are tools that countries often use to safeguard national interests, including economic stability, national security, and public welfare. However, under the World Trade Organization (WTO) framework-especially the General Agreement on Tariffs and Trade (GATT)-many such restrictions violate core principles such as non-discrimination (Articles I and III), the prohibition of quantitative restrictions (Article XI), and rules governing exceptions (Articles XX and XXI). This article examines why trade restrictions frequently fail in WTO dispute settlement by analyzing the substantive and procedural requirements under WTO law. Through a normative legal approach, it studies GATT provisions, WTO agreements, and case decisions-particularly the …

Legal Reform To The Foundation Wage System Based On Worker Performance, Dyah Hapsari Prananingrum, Freidelino Paixao Ramos Alves De Sousa, Chris Emilians Putra Jacobus

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The main issue raised in this article is the vagueness of the norm of worker competitiveness in the Indonesian Foundation Law. In achieving its aims, a foundation will face problems related to its own sustainability. Charitable activities that it is engaged in are believed to threaten its sustainability, in addition to achieve fairness both for foundation as employer and worker as employee, norm of worker performance in the form of wage based on performance are needed. Such an issue may be solved by reforming the Foundation Law with the adoption of a performance-based approach, similar to the Job Creation Law. …

Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines how the Constitutional Court of the Republic of Indonesia (the Court) constructs its argumentation regarding the limitation and derogation of human rights. The primary issue is how the Court interprets and operationalises the limitation clause under the Constitution of the Republic of Indonesia to derogate from and limit human rights. This article also illustrates how the Court applies the derogation and limitation clauses to freedom of religion, the right against retroactive prosecution and the death penalty, the right of women to stand for election, and the right to freedom of expression. The Court has never ruled on …

Breaking Diplomatic Immunity: Legal Implications Of Israeli Airstrikes On The Iranian Consulate Under International Law, Yordan Gunawan, Aisyah Ajeng Putri Riyanto, Safira Ayu Tri Ariyani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

In April 2024, Israeli airstrikes were directed at the Iranian consulate building located in the capital city of Syria, Damascus. The Israeli-Iranian relationship has escalated significantly, shifting from a diplomatic partnership to severe hostility over the course of almost fifty years. This article seeks to examine the legal implications of the Israeli attack on the Iranian consulate building by considering the United Nations Charter and the Vienna Conventions, as well as to analyse the responses of the Iranian government and the international community. This article employed a normative legal research methodology, which involved combining a statutory approach with a detailed …

Paid To Play - The Canadian Hockey League Players Class Action Litigation, Kennith Wm. Thornicroft

Denver Sports & Entertainment Law Journal

In 2014, the National Labor Relations Board’s Regional Director ruled that scholarship football players at Northwestern University were “employees”. Subsequently, in 2015, the full board, and without deciding the players’ status, declined to assert jurisdiction effectively ending the dispute. There are parallels between this dispute and lawsuits currently before the Canadian courts involving the Canadian Hockey League (“CHL”). The CHL is nominally an “amateur” league and is the principal development league for players hoping to pursue a career as a professional hockey player. The players claim they are “employees” under provincial employment standards statutes. The CHL maintains that the players …

Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian

Denver Sports & Entertainment Law Journal

The article will examine what it means “to win” in today’s university sporting world and what the prize to be won is. In examining how the meaning of winning has changed over time, the article will look particularly at some of the indirect or hidden costs of achieving athletic excellence in today’s highly competitive college sports. Ultimately, this article poses and attempts to answer the question: at what point does the cost to student athletes’ health and safety become too high to justify the prize of “winning”?

Healthy Mind, Healthy Body: An Examination Of The Duty A University Owes To Its Student-Athletes Regarding Mental Health Treatment, Sara Kirtley

Denver Sports & Entertainment Law Journal

With more and more university students in general, but studentathletes in particular, suffering from mental health issues, ranging from eating disorders to depression to serious anxiety, it seems like universities should have to provide some kind of mental health treatment for their student-athletes, especially considering their duty to provide physical health treatment for sports related injuries. However, the question is whether student-athletes would actually have an actionable right to mental health treatment, that they could turn into a successful claim against a university if the university failed to provide them with mental-health treatment.

Vol. 22, No. 1: Table Of Contents, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 22, No. 1: Editor's Note, Courtney Diguardi

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 22, No. 1: Full Issue, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Criminal Protection Of Human Dignity In The Face Of Medical Research And Experiments On Humans: A Comparative Study, Mekhled Al-Zoubi, Naser Al-Saraireh

Jordan Journal of Applied Science-Humanities Series

This study aims to shed light on the issue of respecting human dignity in the context of medical research and experiments conducted on humans. Human dignity should take precedence over the legitimate needs of scientific progress, as humans are an end in themselves, not merely a means. Therefore, any legal regulation governing dealings with the human body must be based on the principle of preserving human dignity and respect. The study investigates the extent of protection offered by Islamic law, as well as various international and criminal legislations, for human dignity in the face of medical research and experiments on …

Autopsy Of A Doctrine: Loper Bright’S Implications On Inevitable Artificial Intelligence Regulation And Congressional Considerations For An Organic Statute, Jack T. Edmond

San Diego Law Review

Because AI is sufficiently unique from other regulated technologies, Congress should ensure that a federal agency regulating AI retains authority to interpret and effectuate its organic statute by incorporating Chevron-like deference into the statute, thus insulating the agency from judicial challenge. Part II of this Case Note introduces fundamental background on the Administrative Procedure Act (APA) and the Chevron doctrine, both of which are necessary to contextualize Loper Bright and the present argument. Part III reviews Loper Bright’s majority, dissenting, and concurring opinions, and describes how experts predict the decision will fundamentally change agency statutory interpretation and operations. …

Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards

SMU Journal of Undergraduate Research

This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …

The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power, Laura Phillips-Sawyer

Scholarly Works

US antitrust law prohibits anticompetitive restraints of trade, including collusion among firms and single-firm monopolization. The law serves as a democratic check against concentrations of private economic power. However, in the post-World War II era, the law has changed largely through case law, rather than through statutory interventions. Thus, understanding the role that antitrust law has played in reconciling capitalism and democracy requires us to ask what has influenced changes to antitrust law. This chapter traces antitrust law’s postwar development across three key periods: 1940–1970s, mid-1970s to 2010s, and 2010s to present. It argues that each era’s approach to the …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

Articles

A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

08.25.2025 Ored Connect, Liz Williamson

ORED Newsletter

• Research Security Required Training
• ORED Research Reception

Inaction As Nonformal Reaction: Rethinking Crime Perception In The Era Of Data Breaches, Irnasya Shafira Hadi

Jurnal Kriminologi Indonesia

This study analyses the Indonesian public’s response to government data breaches and advocates for an expanded defintion of nonformal reactions to crime in the digital context. It argues that existing criminological frameworks, particularly Mustofa’s (2021) model—which views nonformal reactions as active and confrontational behaviours such as demonstrations or vigilantism—should also acknowledge inaction, apathy, and emotional disengagement as valid public reactions. This paper employs a conceptual-qualitative approach, combining an interdisciplinary literature review, interpretive policy analysis of the Personal Data Protection Law, and triangulation with digital behaviour data to develop its analysis. This paper reframes apathy as a significant criminological indicator of …

Intersectionality In The Maze Of Oppression: A Feminist Criminology Analysis Of Systematic Vulnerability And Exploitation Of Indonesian Women Trafficked To Cambodia, Reza Anugrah, Lifiana Alanisya Mutaharina

Jurnal Kriminologi Indonesia

This study explores the vulnerability of Indonesian women to the crime of human trafficking in Cambodia, analyzing its structural and patriarchal roots. Employing a qualitative methodology through literature review, the paper delineates how socio-economic disparities and limited employment opportunities in Indonesia drive women toward illegal job offers that ultimately result in exploitation. Human trafficking syndicates exploit traditional gender constructs and manipulate identities to entrap victims, even involving women as alleged perpetrators. Criminological and legal analyses reveal a shift toward more complex forms of transnational crime, exacerbated by the use of digital technology. Although the Law of the Republic of Indonesia …

The State Of The Unions 2025: A Profile Of Organized Labor In New York City, New York State, And The United States, Ruth Milkman, Joseph Van Der Naald

Publications and Research

Organized labor has taken center stage in the 2020s, with workers leading successful organizing drives at Amazon, Starbucks, Apple, and across a range of industries from health care to higher education. Public approval of unions has reached its highest level in decades, and a new generation of workers is stepping forward as leaders in the movement. The State of the Unions 2025 provides the most comprehensive profile of organized labor in New York City, New York State, and the United States, highlighting where unions are growing, who is leading the charge, and how labor is shaping the future of work …

"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma

Indian Journal of Law and Technology

Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …

Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni

Indian Journal of Law and Technology

In India, among the three financial regulators, RBI’s recent focus on creating a robust ICT risk management framework has been at the forefront of the country’s digital operational resilience strategy. The continuous cyber threats and recent digital operational failures have highlighted the need for further enhancements to strategies that establish strong ICT risk management. Addressing these cybersecurity vulnerabilities requires more than prescriptive rules; it demands holistic, flexible, adaptive, and coordinated regulatory approaches to strengthen digital operational resilience. This paper analyses the key issues that need resolution to advance these efforts. We identify the misalignment of economic incentives for compliance as …

Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni

Indian Journal of Law and Technology

This paper presents a multi-jurisdictional analysis of digitalisation of justice and the perceived role of courts as public institutions upholding the rule of law and ensuring access to justice to all. Using selected examples from Argentina, India, Kenya and Malaysia, it examines the impact of digitalisation efforts of these countries on their citizens, marginalised populations, the State and private sector. We propose to design an approach to digital justice that centres people on the margins of digital transformation of courts. This includes three elements – first, engagement with people centered perspectives; second, focus on disadvantage and addressing socio-technical factors; and …

From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat

Indian Journal of Law and Technology

Platform-based work is finding a place in legislative instruments in India in recent years, under the Code on Social Security, 2020, as well as state-level legislations. In this paper, I argue that these efforts to extend protections to gig or platform work are limited in their understanding of the way work is shaped by digital technologies both within and outside of platforms. Platform-based work regulation seems to have skipped a step: the regulatory discourse has moved on to a welfare-focused model present in informal work, without examining existing jurisprudence on worker rights relevant to digitally mediated work. These legislative instruments …

The Legal Implications Of The Altman Z-Score As A Tool For Bankruptcy Prevention Through The Case Study Of Pt. Sri Rejeki Isman Tbk (Sritex), Samuel Baringin Doloksaribu

Technology and Economics Law Journal

Indonesia’s bankruptcy law, as regulated by Law No. 37 of 2004, allows debtors to be declared bankrupt based solely on the existence of two creditors and one unpaid debt, without requiring a substantive assessment of their financial health, raising concerns about fairness, legal certainty, and economic impact. This thesis investigates whether predictive financial models such as the Altman Z-Score can be integrated into Indonesia’s legal framework to improve early detection and prevention of corporate insolvency. The central question is how these models can be legally recognized and implemented, and what challenges or reforms are necessary to facilitate their use. Employing …