Digital Commons Network^™

The Potential Intercontinental Railway Between Siberia And Alaska And Its Implications For Alaska Native Corporations And Federally Recognized Tribes, James S. Segee-Wright, Gavin M. Ratcliffe, Douglas Paul Thompson

Idaho Law Review

This article argues that if the U.S. government wished to construct an intercontinental railway between Siberia and Alaska, then the directly impacted Alaska Native Corporations (ANCs) and federally recognized Tribes nearby would need to first consent to and authorize the construction. After the Alaska Native Claims Settlement Act in 1971, ANCs own Native land in Alaska, while federally recognized Tribes have no reservations in Alaska (with one exception) and almost no legal claims to the title of the land. ANCs and federally recognized Tribes are also distinct entities with occasionally differing interests. Construction managers might be tempted to receive consent …

Presiding Over A Legal Desert: The Disappearance Of The Rural Attorney, Emilio J. Chavez

Idaho Law Review

No abstract provided.

Child Rape And The Death Penalty, Rosemary Ardman

Idaho Law Review

The act of rape on an eight-year-old body is a matter of the needle giving because the camel can’t. The child gives, because the body can, and the mind of the violator cannot.

- Maya Angelou

In May 2023, Florida authorized the death penalty for the sexual battery of a child under twelve. This policy quickly sparked a wave of similar legislation. Tennessee capitalized child rape in May 2024, followed by Idaho in March 2025. These laws—passed with strong bipartisan support in each state—challenge the Supreme Court to overrule Kennedy v. Louisiana, a controversial 2008 decision holding that the …

Procreation After Passing: Balancing Interests In Levirate Marriage And Posthumous Reproduction, Alice Aronov Tepler

Journal of Catholic Legal Studies

(Excerpt)

After the heart-wrenching death of a partner, a child, or a family member, it is difficult for those left behind to imagine how to bring their loved one with them into the future. Memories fade, people move on with their lives, and it seems almost inevitable that the dead will be left behind, static. For some, especially those whose loved one died early in life, posthumous reproduction can seem like a way to keep the deceased alive. With relatively new technology and a myriad of associated ethical concerns, however, society, courts, and individuals struggle to determine who should have …

From Prison To Community: Challenges Of Recidivism In The United States, Kellie R. Parks

Master of Arts in Human Services

Recidivism among adult females in the United States is often an overlooked and under analyzed aspect of the justice system. Women criminals encounter unique challenges and often need distinct rehabilitative needs while incarcerated and following release. This paper explores the many factors contributing to recidivism in adult females including mental health challenges, biological, neurologic and social factors. It provides insight into how lower recidivism rates can be achieved by adapting other reform measures such as education programs.

Pathway To The American Dream: The National Interest Waiver, Sapna Sharma

Immigration Law Blog

This article provides a roadmap for individuals seeking to obtain a lawful permanent residency in the United States through the EB-2 National Interest Waiver (NIW). It explains how qualified applicants with advanced degrees or exceptional ability can self-petition without employer sponsorship. The article walks the readers through the key eligibility requirements and offers guidance on how applicants can present a strong case.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Essential Pillars For The Post-2026 Colorado River Guidelines, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

The process for determining the operating rules for the Colorado River system that will take effect in 2027 is in full swing. While various alternative operating regimes have been proposed, no preferred or consensus alternative has yet emerged. As a group of experienced Colorado River colleagues without affiliation to any Basin State, Tribe, or interested stakeholder, we submit that there are fundamental principles that should form the basis of the ultimate Record of Decision defining management of the Colorado River for the future. We propose the following essential pillars for inclusion in the Post-2026 Guidelines.

Durable Power Of Attorney, Carolyn L. Carlson

Essays in Developmental Psychology

A power of attorney is a written document that authorizes an individual (an “agent” or “attorney-in-fact”) to act on behalf of another individual (the “principal”) in a fiduciary capacity related to matters specified within the power of attorney document. The agent does not have to be a licensed attorney in order to assume the role as agent, but must act with care and in good faith when dealing with the principal’s affairs. An agent’s power can be limited to a specific transaction, such as purchasing a specified piece of real estate, or the agent can be authorized to complete various …

A New Look At Sex Offender Rehabilitation: Embracing Elective Chemical Castration, Alli Florence

Advanced Issues in Criminal Law: Sex Offenses

This essay analyzes the historical and modern use of castration efforts on sex offenders and advocates for federally supported, elective chemical castration as an effective means of rehabilitative treatment and relapse prevention post-incarceration.

Dykebreaking: The Homophobic Rape Of Lesbian Woman And The Next Frontier Of Hate Crime Laws, Mallory L. Harrington

Advanced Issues in Criminal Law: Sex Offenses

This article will explain the motivations behind homophobic rape by examining it as both a sex offense and a hate crime, before arguing that its unique status at the intersection of both categories of offenses places its victims in a particularly vulnerable position and situates those who offend in this way in a more serious category of offender than other sex offenders.

A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

Supreme Court Case Study: The Variation In Rates Of Miscarriage Management Care And Post-Abortion Care Across The Us Before And After The Supreme Court Decision, Ted Sibrian Jr.

MUSC Theses and Dissertations

The paper examines abortion care and the management of miscarriages following the Roe v. Wade decision in restrictive states that do not allow medical intervention due to the vague legal terms. This research evaluates the need to establish protocols for providers when faced with nonviable pregnancies requiring medical intervention. Additionally, the paper highlights the impact across the US on women’s health outcomes by emphasizing the care for miscarriage management. This multi-method paper reviews the current literature on miscarriage management and spontaneous abortion MarketScan® data from commercially insured individuals with an age range of 18-50 years old by regions across the …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

From Doing Business To B-Ready: World Bank’S New Rankings Represent A Rebrand, Not A Revamp, Fernanda G. Nicola, Dhaisy Paredes Guzman

Popular Media

In 2021, the World Bank shut down one of its flagship projects: the Doing Business index, a global ranking system that measured how easy it was to start and run a business in 190 countries. It followed an independent investigation that found World Bank officials had manipulated the rankings to favor powerful countries, including China and Saudi Arabia. The scandal raised serious concerns about the use of global benchmarks to shape development policy. Now, the Bank is trying again. In October 2024, it launched its newest flagship report, Business Ready. The 2025 spring meeting of the World Bank and its …

Pick Your Precedent: Bostock, Dobbs, And The Uncertain Reach Of Intermediate Scrutiny In United States V. Skrmetti, Molly Pines

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court will yet again wade into highly politically charged waters this term when it decides United States v. Skrmetti, a case about gender-affirming healthcare for minors. More specifically, Skrmetti will decide whether SB1, a 2023 Tennessee law that bans gender-affirming care for individuals below age 18, violates the Fourteenth Amendment's Equal Protection Clause. The Tennessee Plaintiffs and the Biden administration, which intervened on their behalf, have argued that SB1 unconstitutionally discriminates on the basis of sex and transgender status. In response, Tennessee has argued that SB1 only uses age and medical purpose—not sex or transgender status—to delineate …

Cultivating A Will To Serve: Applying Cultivation Theory To Understand The Effect Of Legal Dramas On Attitudes Toward Jury Service, Matthew J. Dolliver, Josie Leonhardt, Emily Pedigo

Journal of Criminal Justice and Law

Despite being a pillar of the American legal framework, response rates to jury summons remain low, particularly among minorities. Prior research has focused on structural factors contributing to these low rates. Yet, little research has examined citizens’ willingness to engage in the process. At the same time, research on Cultivation Theory suggests some types of consumption are associated with an increased desire to work in the Criminal Justice System. This study explores the impact of media, including news, social media, and legal dramas, on citizens’ disposition toward juries, including beliefs about the importance of juries and willingness to serve on …

The Legal Cybersecurity Crisis: Potential Resolutions And Artificial Intelligence Implications, Ava R. Warrick

Senior Honors Theses

As cybersecurity becomes more relevant in the digital age, law firms have overlooked protections from cyberattacks, and this neglect has led to irreversible client data breaches. This thesis sought to investigate cybersecurity vulnerabilities in law firms and to theorize potential solutions using a literature review methodology. The research questions for this project are: What are the most effective cybersecurity protections for United States law firms, and should those cybersecurity protections utilize AI-based systems? In response, this thesis posits three claims. First, the central factors that contribute to inadequate law firm cybersecurity are as follows: lack of governmental oversight over legal …

Let Them Eat Cake: Eroding Article Iii To Perpetuate The Student Loan Crisis In Biden V. Nebraska, Anthony R. Gonzalez

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Incalculable Harm: Analyzing The Impact Of The Covid-19 Pandemic On Immigration Detention In Canada, Efrat Arbel, Molly Joeck

All Faculty Publications

This paper reflects on the impact of the COVID-19 pandemic on immigration detention in Canada. Drawing on research spanning 2020 to 2022, we analyze how the pandemic impacted rates of detention, conditions of detention, and other related issues. Data released by the Canada Border Services Agency shows that despite an initial decrease in absolute numbers, Canada detained people at a higher rate after the onset of the pandemic than it did prior. Canada also held people for longer periods of time and relied more heavily on jails than dedicated Immigration Holding Centres. Conditions of confinement deteriorated significantly across all detention …

We Give Laws A Bad Name: An Empirical Examination Of How Misleading Law And Pac Names Pollute Legal Perception, Brian Sheppard, Andrew Moshirnia, Charles Sullivan, Brian C. Jones

Texas A&M Law Review

Journalists and commentators have dismissed acronym-titled laws like the SAFE Act (Secure Access to Firearms Enhancement Act) and slogan-based political action committee (“PAC”) names like Americans for America as window dressing concocted by uncreative political operatives. Beyond the fact that law titles and PAC names have become punching bags in the press, they share another quality: they both appear with frequency in political ads about ballot initiatives and sometimes appear on ballots themselves. Because of their salience in election and voting scenarios, law titles and PAC names have been used tactically in an apparent effort to increase the memorability or …

Lessons From Walker V. State: Institutional Reform Litigation And The Right To Dignity In Montana, Hannah Good

Montana Law Review

No abstract provided.

Attitudes On Solitary Confinement, Emily Dewey

Undergraduate Theses

Solitary confinement is widespread and recognized as harmful in society. However, it is not as researched as other controversial issues, including immigration, gun control, abortion, etc. Due to this, it is hard to gauge how supportive the public is or isn't of related practices. In a general sense, public support has been established by legislators crafting policy, and by extension United States Supreme Court decision making. This is particularly crucial in discussions on interpretations of the 8th Amendment/ cruel and unusual punishment. Existing case law, such as Peoples V. Fischer, found that solitary confinement was arbitrary and needed reform, including …

Rural Legal Markets, Elizabeth Chambliss

Texas A&M Law Review

Research on rural access to justice tends to appeal to a romantic conception of rural lawyers as accessible generalists who serve the public through pro bono, low bono, and community service, and some characterize rural private practice as public interest work. Many commentators call for law school, bar, and government programs to attract law graduates to rural practice and at least 15 states have implemented such programs. Yet we know very little about modern rural legal markets or the recipes for sustainable private practice in rural places. The last statewide study of rural private practice was conducted in the 1980s. …

Inclusive Prosperity, Deanna S. Newton

Texas A&M Law Review

Gentrification affects almost every American city to varying degrees, involving different parties with different interests. While positive changes are associated with gentrification, low-income individuals are often displaced from their communities due to increased rent costs and property values. Throughout our nation’s history, the federal government has offered tax incentives to those who invest in low-income areas that have historically suffered disinvestment. These tax incentives encourage investment by providing tax benefits and minimal investment constraints. However, because investors are not required to tailor their investments to meet the needs of communities, the unintended consequence of these programs is that residents do …

Implications For "Adjacent" Waterbodies After Sackett V. Epa, John C. Colson

Texas A&M Law Review

The Supreme Court’s recent ruling in Sackett v. EPA has rolled back Clean Water Act (“CWA”) protections for many wetlands on private property. Justice Kavanaugh’s little-commented-on concurrence identifies a class of waterbodies now unprotected by the CWA that nonetheless serves vital roles in flood control, pollution management, and habitat conservation. These waterbodies are those that lack a continuous surface connection (the majority’s test) to navigable waterways but are nonetheless “adjacent” to them in that they are separated by a single barrier. Including borrow pits and swamps held behind dikes, as well as the thousands of oxbow lakes near America’s rivers, …

Thompson’S Rifle Battalion: The Original Unit Of The Army Of The United Colonies (Now The United States Regular Army), John A. Bonin

Books, Monographs & Collaborative Studies

©2025 John A. Bonin

Although 1775 is indisputably the birth year of the US Army, two events occurred on June 14 of that year to which the Army can credit its birthday. One is the adoption by the Continental Congress of the collective militia forces from several colonies outside Boston to form a Continental Army, of which Congress appointed George Washington the commander in chief on June 15, 1775. In addition, the US Regular Army officially dates its beginning to June 14, 1775, when the Second Continental Congress directed 10 companies of expert riflemen to be raised immediately in Pennsylvania, …

Reclaiming Self-Government: State Preemption And Original Meaning Of The Montana Constitution’S Local Government Provisions, Zarchary M. Krumm

Montana Law Review

No abstract provided.

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

The Impact Of The Parkland Shooting On Voter Behavior And Preferences: Focus On Gun Control, Mental Health, And School Safety Policies., Brooke Bock

Honors Projects in Politics, Law, and Society

This paper thesis examines how the shooting at Marjory Stoneman Douglas High School in Parkland, FL has influenced voting behavior within the affected community, specifically regarding candidate and policy preferences related to gun control, mental health support, and school safety. Utilizing a mixed-methods approach, the study incorporates surveys and interviews to capture voters' opinions and attitudes in the aftermath of the tragic event. Public voter data is also analyzed to identify shifts in voting patterns and candidate support over time. The research aims to understand the magnitude to which the Parkland shooting has shaped voters' views and decisions, and whether …