Digital Commons Network^™

Shaq, Ripple, And The Future Of Crypto Regulation, James C. Spindler

William & Mary Law Review

Crypto is at a regulatory crossroads. The Securities and Exchange Commission (SEC) and other regulators have taken a hard line on enforcing traditional regulatory requirements that would severely limit crypto offering activities. At the same time, crypto advocates seek preferential treatment, under the guise of “regulatory clarity,” that would allow them to bypass much of the applicable regulatory regimes. After a halt to legislative activities, brought on by the FTX implosion and ensuing crypto winter, the battle for crypto’s future is currently in the courts. Two pending, bellwether cases—the class action against Shaquille O’Neal and other celebrity spokesmen for FTX, …

How Alternative Sentencing Methods Can Reduce Recidivism And Incarceration Rates For Drug Offenders In Wisconsin, Mitchell D. Fugate

Master of Public Administration Capstone Papers

The criminal justice system in the U.S. has typically been focused more on punishment in the past, but in recent times has shifted more towards implementing rehabilitative measures as a means to reduce the recidivism rate, and thus decrease the overall incarceration rates for the U.S.. An area that is especially different is drug offenses, as many of those that are arrested are addicted, and punishment does not address that addiction directly. By using alternative sentencing as a means of rehabilitation for drug offenses, the criminal justice system can work to address the issues at the root causes as well …

Zero Waste Initiatives Across Three Institutions: Local Government, An Academic Institution, And A Retail Business, Soren G. Gray

Graduate Student Portfolios, Professional Papers, and Capstone Projects

No abstract provided.

The Role Of Medical-Legal Partnerships On Social Determinants Of Health For Vulnerable Populations In The Inland Empire, Sabrina C. Kinnally

Electronic Theses, Projects, and Dissertations

San Bernardino and Riverside counties face significant challenges in addressing the Social Determinants of Health (SDOH) for vulnerable populations, including housing instability, healthcare access, and food insecurity. This project examined the role of Medical-Legal Partnerships (MLPs) in providing services to vulnerable populations. Through a systematic review, the study explored the current state of MLPs and their effectiveness in addressing SDOH to reduce health disparities. The other purpose is to assist Agape Legal Service, Inc. (AGAPE), a non-profit organization, in completing their strategic plan, which aims to address the legal needs of vulnerable populations within the Inland Empire. The systematic review …

Litigating Corporate Risk, Henry B. Blaikie

Fordham Law Review

The Securities and Exchange Commission (SEC) requires companies to disclose risk factors in Item 105 of Regulation S-K, which calls for “a discussion of the material factors that make an investment speculative or risky.” Whether companies incur liability for omitting or mischaracterizing risk factors in their disclosures is the subject of a three-way split between eight federal courts of appeals. The majority approach among the circuits—consisting of the U.S. Courts of Appeals for the First, Second, Third, Fifth, Tenth, and District of Columbia Circuits—imposes liability when companies omit or mischaracterize a risk factor that, at the time of disclosure, is …

The Conversation Continues: The Judiciary’S Evolving Role In Perpetuating Racial Disparities In Addiction Treatment, Sydney Crute

Fordham Law Review

Language is a powerful means of social control, an idea that resonates deeply with court rhetoric as it relates to race. This Note examines the language courts use when discussing cases related to drug use and addiction. During the crack epidemic, when Black individuals represented the race of the primary drug user and drug dealer, courts relied on racially coded language related to crime and fear. Alternatively, during the opioid epidemic, when White individuals represented the race of the primary drug user, courts relied on more neutral language related to the health and well-being of society. Finally, the language courts …

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

“Shipping” Away The Captive Audience Meeting, Nathan Kakalec

Fordham Law Review

On November 14, 2024, the National Labor Relations Board (NLRB) overturned seventy-six years of labor law precedent by banning captive audience meetings in Amazon.com Services LLC. Captive audience meetings, mandatory meetings where employers discuss unionization with their employees, were a powerful anti-union tool used by employers to coerce their employees into rejecting unionization. The NLRB argues that captive audience meetings are inconsistent with § 7 and § 8 of the National Labor Relations Act (NLRA). Employers reject the NLRB’s assertion and contend that banning captive audience meetings infringes on their First Amendment right to communicate their views on unionization. …

The Sheriff's Constitution, Farhang Heydari

Vanderbilt Law School Faculty Publications

The county sheriff is unique among our nation's law enforcers, with an ancient pedigree, elected status, and special protections as a state constitu- tional officer. But these factors combine to cause a recurrent problem elected sheriffs often assert for themselves the power to refuse to enforce criminal laws of their choosing. Today's constitutional sheriffs-a group of sheriffs who view themselves as the highest authority in their county, answerable only to their electorate-are the latest manifestation of this ethos, declaring opposition to gun control measures, pandemic restric- tions, environmental protections, and more. Lest one think these nonen- forcement decisions are entirely …

Valuing Heat-Related Mortality Risks, W. Kip Viscusi, Clayton J. Masterman

Vanderbilt Law School Faculty Publications

Heat-related mortality risks are a substantial component of the looming costs of climate change in the United States and globally. This article presents the results from a risk-risk survey to test whether U.S. respondents place a valuation premium on mortality risks from heat relative to cancer and transportation risks. The questionnaire exploits exogenous shocks to temperatures during a heat wave and randomized elements to further test whether preferences vary with heat exposure or the age of individuals exposed to heat risks. The results provide strong evidence that there is no valuation premium in the U.S. for heat-related risks. Subjects valued …

Torts Mismatches, Edward K. Cheng

Vanderbilt Law School Faculty Publications

In torts, the damages required for full compensation of the victim and optimal deterrence of the injurer are normally the same. This correspondence is perfectly natural: If the injurer fully compensates the victim, then the injurer will completely internalize his externalities. Yet sometimes full compensation and optimal deterrence do not align. A well-known example is punitive damages, in which victims are purposely overcompensated to optimally deter injurers. What the literature has failed to acknowledge is that these torts mismatcheswhen full compensation of victims and optimal deterrence of injurers are incompatibleoccur elsewhere and explain controversial and unresolved doctrinal areas of torts. …

Symbiotic International Law: Combatting Uyghur Forced Labor, Preston Jordan Lim

Utah Law Review

Since 2017, the Chinese government has launched a campaign of repression against the Muslim Turkic minorities of Xinjiang, a region located in China’s Northwest. While most scholars have focused on the mass internment of Uyghurs and other minorities, this Article highlights an under-discussed aspect of China’s campaign: the construction of a sophisticated forced labor system. Minority forced labor supplies key sectors of the global economy—from the automotive to the energy sectors—and allows Chinese companies to outcompete foreign firms. The unprecedented scope and sophistication of what I term the “modern Xinjiang forced labor system” imperils the very future of the international …

Clarifying Parens Patriae, James G. Dwyer

Faculty Publications

Throughout the Anglo-American legal world, the state claims an authority, termed parens patriae, to exert control over the lives of nonautonomous persons in ways it does not presume to control autonomous persons. Philosophers have given little attention to when and how that authority should be exercised, yet there is disagreement or confusion about this among courts and legal scholars. This article examines how parens patriae differs from other government roles, identifies which conceptions of the parens patriae role are coherent, and then presents a normative case for adopting a conception of the role as that of fiduciary for nonautonomous …

Ai V. Mqd: Navigating New Regulatory Challenges In The Life Sciences, Hayden W. Smith

William & Mary Law Review

This Note proceeds in four parts. Part I introduces AI as an emerging technology in the life sciences, the FDA’s inherited regulatory regime, and challenges under the MQD [major questions doctrine]. Part II explores how hypervigilant regulation obstructs innovation and exposes agencies to judicial challenges. Part III offers solutions to safely and effectively navigate the major questions landscape within a framework that fosters AI innovation. This Note proposes a solution that conceptually balances growth in the life sciences with the statutory elements required for a safe and effective regulatory scheme.

This abstract has been taken from the author's introduction.

Case Law On American Indians: September 2023 - August 2024, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Addiction In The Prison System: Recidivism And Alternatives, Daniel R. Bowers

Undergraduate Honors Theses

The United States criminal justice system has the highest number of incarcerated individuals in the world, with nearly 2 million people currently being behind bars, and around 7.5 million arrests per year according to the most recent available statistics. A key factor in this is addiction, specifically substance use disorders. Between 58% to 68% of adults arrested are addicted to one or more substances, with 68% of drug involved individuals being rearrested within three years of being released. This recidivism rate is incredibly high, and when combined with current prison and jail overcrowding, has created massive problems for the United …

Parent-Child Contact In Family-Focused Programs For Incarcerated Individuals, Carol Marie Nettie Mcdonald

Electronic Theses, Projects, and Dissertations

The following research study will evaluate family-focused programs offered to incarcerated individuals and determine if these programs are hindered when there is little to no contact between parents and children during incarceration. Family-focused programs include parent/child bonding, and/or parenting classes and other similar programs. The research method that will be used in this study is a qualitative design and will gather data through interviews of formerly incarcerated individuals as well as former children (now adults) who have been involved in family programming. The study will also gather data from licensed clinical staff who have been involved in related programming while …

Exploring The Impacts Of Moral Injury On Law Enforcement Officers In South Carolina, Laura M. Casares

Doctoral Dissertations and Projects

The purpose of this qualitative hermeneutic phenomenological study is to understand the concept of moral injury among law enforcement professionals. The concept of moral injury was often associated with military members and healthcare workers. Recently, research pertaining to moral injury among law enforcement professionals has grown, as many law enforcement agencies are paramilitary organizations. These fields have similar characteristics, including stress, burn out, and vicarious trauma. As the term moral injury evolves, and the constant scrutinization of policing by communities and politicians continues, agencies should be able to respond effectively to officers suffering from moral injury. Immanuel Kant’s historical influence …

"Alone I Can't, But Together We Can": A Photovoice Study To Explore Insights Of Assisted Outpatient Treatment (Aot) From Providers Working With Individuals With Serious Mental Illness (Smi)., Monica G. Urquieta

Open Access Theses & Dissertations

Assisted Outpatient Treatment (AOT) is a court-ordered mental health treatment program for individuals with SMI (bipolar disorder, major depressive disorder and schizophrenia) who have a history of noncompliance with treatment and are at risk of deteriorating or causing harm to themselves or others. This dissertation examined the perceptions and experiences of thirteen providers (lawyers, judges, case managers, psychiatrists, housing navigators, treatment guardians, nurse practitioners, therapists and peer support specialists with lived experience) on the AOT program for clients with SMI; and the environments that shape these perceptions, taking into account a system and community-based approach focusing on how the unique …

A Brighter Future Lies Ahead? The Impact Of Juvenile Records On Adults' Hiring Prospects, Morgan Rose Wagner

Open Access Theses & Dissertations

Having a record can make obtaining employment difficult - while the stigma against criminal records is well established, the effects of a juvenile record on hiring outcomes is less clear. Juvenile records can often be sealed; however, when sealing is not done consistently or transparently, people with juvenile records face a difficult decision when applying for jobs - disclose a record that may be sealed, or omit information about a record that shows up on a background check? Experiment 1 used a hypothetical applicant paradigm with a sample of hiring managers to evaluate the impact of juvenile record disclosure and …

J Mich Dent Assoc May 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is published digitally each month through ADA Commons, reaching 166 countries and accumulating over 35,800 downloads. This extensive reach provides news, information, and features about Michigan dentistry, our state's oral health community, and the MDA's 6,200+ members. It serves as the main publication for connecting with Michigan dentists.

The May issue features:

• An informative interview with Dr. Cheri Newman, the MDA’s new president.
• A feature article from Delta Dental on the utilization of dental services pre- and post-COVID-19 and how the continuing decline in the utilization of restorative services may impact plan design. …

It's Time For Some Important Conversations About Fluoride, Jessica R. Bentoski D.D.S., M.S., F.A.A.P.D., Sam Blanchard Dds, Ms

The Journal of the Michigan Dental Association

The guest editorial by the Michigan Academy of Pediatric Dentistry's Drs. Jessica Bentoski and Sam Blanchard, addresses growing public debate surrounding community water fluoridation and emphasizes the vital role of dental professionals in providing evidence-based guidance to parents. As pediatric dentists, the authors highlight that fluoride remains a cornerstone in preventing childhood caries—still the most common chronic disease in children. They stress the need to understand and address parental beliefs, misinformation, and concerns through respectful, informed dialogue. Removing fluoridation could exacerbate oral health disparities and misperceptions about fluoride safety. The authors call on colleagues to initiate important conversations, advocate for …

Staff Matters: Understanding And Implementing The Earned Sick Time Act, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This month’s "Staff Matters" column provides a summary of the recent amendments to the Earned Sick Time Act (ESTA) in Michigan, which brought significant changes just as the original effective date approached. It clarifies the effective dates for different employer sizes, with small employers (10 or fewer employees) having an extended deadline of October 1, 2025. The article outlines key changes related to structuring time banks, policy revisions, and required employee notifications. It also mentions free resources and tools available through HRM Services and a revised MDA Staff Matters® Sample Employee Handbook to aid in ESTA compliance.

Toward A Dynamic View Of Corporate Purpose, Dorothy S. Lund

Faculty Scholarship

Scholars debating the corporation’s role in society generally advance the view that there is only one desirable orientation for corporations and their management. Specifically, proponents of a stakeholder governance model contend that focusing management on a broad set of corporate constituents maximizes overall welfare, while advocates of a shareholder-centric directive counter that prioritizing shareholders creates social welfare by rendering the firm most profitable. This Article offers another view: It suggests that the welfare-maximizing purpose for corporations could change depending on external economic conditions, which both of these positions assume away. Specifically, shareholder primacy is likely to promote welfare in a …

The Wellness Connection May 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Menstrual Justice After Dobbs, Margaret E. Johnson

All Faculty Scholarship

This Article identifies and analyzes the category of state and private regulation that is invisible and subordinates women and other menstruators in ways that impact their privacy, liberty, and equality. Because this category of regulation is pervasive, bringing it to light is critical for considering how best to curb its harm. This Article considers potential legal strategies to counter such menstruation regulation and argues that Dobbs v. Jackson Women’s Health Organization offers some promise—but more cause for pessimism—regarding the U.S. Constitution’s power to do so. This Article therefore explains how subconstitutional law offers greater potential, while cautioning that political science …

Rogue Artificial Intelligence, Science Fiction, And The Law, Macintosh, Kerry Lynn

Santa Clara High Technology Law Journal

Artificial intelligence (AI) has been labeled an existential threat. Proposals to combat this menace include industry pauses on the development of advanced AI, legislated moratoria, and creation of a new federal agency with the power to regulate and license advanced AI.

If such claims sound vaguely familiar, that is not surprising. For decades, science fiction movies and television series have featured computers, robots, and androids that disobey, rebel, malfunction, or evolve to the point where they kill human beings and/or attempt to exterminate the human species. This Article draws upon social science research to explain that such stories encourage audiences …

Proving The Matrix: On The Admissibility And Use Of Prior Negotiation Evidence As An Aid To Contractual Interpretation, Daniele Bertolini

Osgoode Hall Law Journal

This article examines the relevance and admissibility of prior negotiation evidence in contract interpretation. According to a long-established common law rule (“exclusionary rule”), the evidence of pre-contract negotiations is not admissible as an aid to contract interpretation. This study argues that the exclusionary rule is unjustified and should be abandoned. Judges should be allowed to use prior negotiation evidence to support inferences about the existence of the empirical facts constituting the relevant factual matrix, while the use of such evidence should not be allowed to support interpretive inferences about the meaning of the contract language. The distinction between empirical and …

Legal Issues And Outcomes Of A Medical-Legal Partnership For Cancer Patients, Allison B. Dowling, Abigail Sweeney, Megan E. Gordon, Lisa Kessler, Deborah Perry, Vicki W. Girard, Shreya Kalra

Georgetown Law Faculty Publications and Other Works

The medical-legal partnership (MLP) model is a multidisciplinary intervention with demonstrated success in addressing health-harming legal needs. We analyzed initial data from the Georgetown University Health Justice Alliance’s Cancer Legal Assistance and Well-being Project (Cancer LAW), an MLP between Georgetown University and MedStar Health serving cancer patients receiving care at an urban, safety-net hospital in Washington, D.C. The sample included 81 patients, who had an average of two legal issues, most commonly in the areas of Social Security, estate planning, housing, and health insurance. Data collected during legal representation captured both financial and non-financial benefits to patients. Patients who responded …

A Holistic Case Study On Leaders In The Division Of Enrollment Services’ Experiences Implementing Interdepartmental Partnerships In Higher Education, Christopher A. Almond

Doctoral Dissertations and Projects

The purpose of this holistic case study was to understand the experiences of higher education leaders in the division of enrollment services at a public research university who experienced departmental realignments or mergers because of performance-based funding initiatives. The study addresses the gap in the literature on the effect of change on interpersonal relationships in higher education. The theory guiding the study is Tierney’s theory on organizational behavior among college employees. The research methodology consisted of three phases. I conducted focus groups, individual interviews, and document analyses. The setting was a large research university in an urban city. There were …