Digital Commons Network^™

Constitutional Futurism As Pedagogy, Jeremiah Chin

Articles

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

J Mich Dent Assoc August 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The August issue marks the end of digital only publishing, as the MDA announced it will provide members a bimonthly print issue along with monthly digital distribution. This issue includes:

• A cover feature on the impact on the dental community of the recently adopted Big Beautiful Bill federal budget
• Mandibular Lingual Concavity Evaluation Using CBCT
• A reprinted clinical feature from New York on …

Guest Editorial: Who’S Special Now?, Michael Maihofer Dds

The Journal of the Michigan Dental Association

This editorial discusses a controversial change in Michigan's dental specialty advertising law, which occurred in 2020. Previously, only state-recognized specialists, undergoing rigorous advanced training, could advertise their specialty status. However, a new rule, resulting from an out-of-court settlement, paradoxically allows general dentists not recognized as specialists to advertise as such without following advertising rules. This change is criticized for undermining public protection and creating unethical, misleading situations where general dentists advertise as pediatric dentists, for instance. The Michigan Dental Association (MDA) is actively working to revert this law by supporting House Bills 4593 and 4594 to ensure only recognized specialists …

Mda Services: Endorsed Programs News

The Journal of the Michigan Dental Association

Throughh MDA Services, the Michigan Dental Association (MDA) has announced several endorsed programs aimed at supporting dental practices across Michigan: Compass Dental Gas Service is now endorsed by the MDA for its expertise in installing, maintaining, and repairing dental gas systems. Members benefit from exclusive discounts and safety compliance support. MEDVA Virtual Staffing offers HIPAA-compliant, human virtual assistants to handle administrative tasks remotely. This service helps reduce labor costs and allows in-office staff to focus on patient care. MDA Health Plan sponsors are reminded to submit overdue eligibility verification documents, which are essential for compliance and 2026 renewal preparations. DBS …

Constitutional Futurisms, Jeremiah Chin

Articles

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 …

Mda At Your Service: What’S The Mda Doing To Help The Hygienist Shortage?, Rachel Sinacola Dds

The Journal of the Michigan Dental Association

This article details the MDA's efforts to address Michigan's dental hygienist shortage, which saw about 3,000 licensed RDHs leave the workforce since 2020. Initiatives include paid social media campaigns targeting potential and former RDHs, although enrollment impacts have been minimal. The MDA is also collaborating with hygiene schools, helping Ferris State University secure funding to double its size and working with North Central Michigan College to establish a new school. Discussions are underway to explore allowing internationally trained dentists to perform hygiene duties. Additionally, the MDA endorses MEDVA for virtual assistant staffing, promoting HIPAA-compliant human professionals who handle remote administrative …

Teaching Transactional Skills And Lawyering Values To First-Year Students Through An Affordable-Housing Deal, Laura E. D'Amato

Faculty Scholarship

With the anticipated launch of the NextGen bar exam next year, transactional lawyering skills are enjoying increased attention in first-year law school curricular development. At the same time, recent amendments to ABA Rule 303 have made it essential for new law students to learn about the profession’s core values and responsibilities. While these evolving priorities open the door to pedagogical innovation, incorporating two distinct topics into an already packed curriculum can be challenging. This article explores how a simulated affordable-housing financing deal has served as a cohesive foundation for introducing first-year students to transactional skills and core professional values.

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …

Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.

The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney

Akron Law Review

No abstract provided.

The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin

Akron Law Review

The regulation of social meaning has traditionally been subjected to rational choice theory (RCT) perspectives in an age when the internet and technology were in nascent stages of development. Today, social meaning is being regulated in much more subtle but powerful ways by digital platforms who are leveraging behavioral economic (BE) insights to control, dictate, and reshape the social meaning of a variety of social roles, conduct, objects, and events. Whilst this form of social government (or private ordering of society’s social fabric) has obvious and desirable benefits to recalibrating society as a collective and assuaging or reversing the stereotyping …

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …

The Collection Problem: How The Circuit Split On Pleading Standards In Securities Fraud Claims Undermines Federal Regulatory Goals, Lucas Immer

St. John's Law Review

(Excerpt)

The Great Depression is generally recognized as the greatest economic calamity in United States history. One of the Great Depression’s many causes was reckless financial speculation driven in part by financial fraud. In response to the crisis, Congress passed the 1934 Securities Exchange Act (“the Exchange Act”), which courts have long held creates a private right of action for plaintiffs who experience an economic loss due to reliance on a material misstatement surrounding the purchase or sale of a security. A prima facie claim for securities fraud under the Exchange Act requires a showing of scienter, defined as “a …

Stare Decisis And Zombie Laws, Alicia Bannon

St. John's Law Review

(Excerpt)

In recent years, the Supreme Court has shown little interest in stare decisis—the principle that courts should honor precedent—as an animating value in constitutional interpretation. This has put many fundamental rights in a vulnerable posture. This Essay focuses on one underappreciated dimension of the decline in respect for stare decisis as it relates to fundamental rights: the relationship between stare decisis and what I will call, and what others have called, “zombie laws.”

Zombie laws are laws that were rendered inoperative by courts but never rescinded; for example, an abortion ban that became unenforceable after Roe v. Wade. …

Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii

St. John's Law Review

(Excerpt)

“[S]tare decisis is ‘not an inexorable command.’ ” Frankly, every time I read these words in a judicial opinion of late, I shudder. And, in fact, it seems like I am reading these words— and shuddering—with increasing regularity.

First off, of course it is not. At times, the Supreme Court has sanctioned manifest injustices in the law. The prime example is the Court’s 1896 decision in Plessy v. Ferguson, which sustained racial segregation under the Fourteenth Amendment. With the blessing of the judiciary, this interpretation of the Reconstruction Constitution supported a regime of racial segregation until, more than …

On Stealth Overruling, Tyler Rose Clemons

St. John's Law Review

(Excerpt)

From Loper Bright v. Raimondo to Dobbs v. Jackson Women’s Health Organization, the Roberts Court has shown itself more than willing to overturn longstanding pillars of American jurisprudence explicitly. While such cases and other pathbreaking opinions have understandably garnered the lion’s share of attention, the Court has also demonstrated an increased willingness to tweak, modify, or even functionally overrule doctrines without expressly stating that it is doing so. I call this phenomenon “stealth overruling.”

The Delegation Dilemma: Assessing How The Overturn Of Chevron Paves The Way For The Revitalization Of The Nondelegation Doctrine, Elizabeth Paige Sonnenschein

Helms School of Government Undergraduate Law Review

The nondelegation doctrine is derived from Article I of the United States Constitution, and it prohibits Congress from delegating its enumerated legislative powers to other branches or agencies of the government. However, the nondelegation doctrine has been limited over the last century, and it has not been enforced to the fullest extent in the Supreme Court since the 1935 ruling in A.L.A Schechter Poultry Corp. v. United States. As a result, Congress has been allowed the discretion to delegate quasilegislative powers to administrative agencies and the executive branch under the premise of the intelligible principle and various levels of …

Equality Or Equity?: Weighing Prima Facie Cases In Reverse Discrimination Claims, Emerson Lawrence Allen

Helms School of Government Undergraduate Law Review

Title VII of the Civil Rights Act of 1964 protects against employment discrimination. In suits based on this protection, the plaintiff must typically be able to satisfy the four-prong McDonnell Douglas test in order to make a prima facie case and avoid summary judgment in favor of the defendant. Although Title VII fully protects all plaintiffs, the first prong of this test historically requires the plaintiff to show membership in a minority group. The United States Courts of Appeals are, however, split on what standard to require in reverse discrimination cases. There are currently four approaches: one requiring the plaintiff …

Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur

Genocide Studies and Prevention: An International Journal

This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.

Rethinking The Applicability Of Section 8 Of The Canadian Charter For The Information Age And Beyond, François Tanguay-Renaud

All Papers

The Supreme Court of Canada’s interpretation of the right to be secure against unreasonable search and seizure guaranteed by section 8 of the Canadian Charter of Rights and Freedoms has remained fairly stable since the adoption of the Charter. Or at least, that is how the Court’s section 8 jurisprudence to date makes it seem. Yet, in some recent decisions dealing with digital communications and the internet—culminating in the 2024 case of R. v. Bykovets—the Court has, implicitly, brought into question the foundational principle based on which the right has historically been circumscribed. Or so I argue in …

Constitutionalizing Traveling Feminisms In Kenya, Nkatha Kabira

Cornell International Law Journal

This Article uses selected provisions of the Constitution of Kenya 2010 to argue that although elaborate legal and institutional frameworks for promoting women’s empowerment have been adopted in Kenya’s legal framework, implementation of these provisions remains a challenge. Why is the law in the books so different from the law in action? This is the question this Article seeks to address. By mapping out how feminist ideas travel through collective action, colonial encounters, local, regional and world conferences, legislation, and other means, the Article demonstrates that the reason why implementation remains a challenge is that these ideas are often in …

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Season 2 Episode 4: The Upsides, Sara Gras

Season 02

With all the negative coverage of sports betting – concerns about gambling harms, cheating scandals, bad behavior directed towards athletes – the casual observer to wonder why we ever wanted it in the first place or why state legislators continue to push sports betting forward. The reality is that the sports betting industry has benefits, both economic and social, that make it hard to quit.

Features excerpts of interviews with:

Matt Holt, CEO (former)
IC360

Prof. Marc Edelman, Law Professor, Attorney and Sports Business Expert
Zicklin School of Business, Baruch College

Jacob Coin, Executive Advisor   
San Manuel Band of …