Digital Commons Network^™

Privacy As A Democratic Guardrail: A Case For Fourth Amendment Constraints On Micro-Targeted Rhetoric, Susan Tanner

Nevada Law Journal

No abstract provided.

Good Intentions, Mixed Messages: Considering Mental Health In Attorney Discipline, Sarah J. Schendel

Suffolk University Law School Faculty Works

The legal profession urges struggling lawyers to seek help—but what happens when those same lawyers become the subject of discipline? As mental health challenges among lawyers become more widely acknowledged and understood, the disciplinary systems that govern the profession remain uneven and opaque in their treatment of mental health as a mitigating factor. This Article presents the first comprehensive review of over a decade of disciplinary decisions and admonitions in Massachusetts, focusing on how mental health is considered during sanctioning and whether current standards meaningfully reflect the profession’s stated commitments to fairness, public protection, and attorney well-being.

The analysis reveals …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Regulating Wellness: Reimagining Legal Frameworks In The Age Of Preventative And Aspirational Health, Barbara Zabawa

UMKC Law Review

The 2025 Wellness Law Symposium was held October 3, 2025 at the University of Missouri-Kansas City School of Law.

Wellness Disputes, Maria Cudowska

UMKC Law Review

No abstract provided.

Breaking The Lease, Breaking The Cycle: Restructuring Missouri’S Lease Termination Law For Survivors Of Domestic Violence, Ries Freeman

UMKC Law Review

No abstract provided.

Visual Arts Are The Only Arts With Morals: Generative Ai And Aural Arts, Megan Pilege

UMKC Law Review

No abstract provided.

Changing The Definition Of Medical Expenses To Include Preventative Health: The Phit Act, Amy Bantham, Tom Richards, Mike Goscinski

UMKC Law Review

No abstract provided.

Wellness, Transhumanism, And The Death Of Health Law, Leah Fowler

UMKC Law Review

No abstract provided.

Sacred Wellness, Haley Palfreyman Jankowski

UMKC Law Review

No abstract provided.

Should All Entry Points To Wellness Be Regulated Equally? What Mapping Existing And Emerging Entry Points Reveals, Tanya E. Karwaki

UMKC Law Review

No abstract provided.

Illness/Wellness, Ableism & Perfectibility In The Tax Code, Diane Klein Kemper

UMKC Law Review

No abstract provided.

The Wellness Data Conundrum: Privacy, Power, And Regulation Beyond Hipaa, Gary Hsuanyu Liu

UMKC Law Review

No abstract provided.

Wellness Influencer Scienceploitation: An American Medicine Show Revival, Jennifer D. Oliva

UMKC Law Review

No abstract provided.

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

The Gender Of International Criminal Law, Caroline L. Davidson

Michigan Journal of International Law

Notwithstanding the recognition of select gender-based crimes as international crimes and the International Criminal Court’s prosecutors’ professed commitment to seeking justice for gender-based crimes, core doctrines of international criminal law (ICL) obstruct accountability for gendered violence. This article identifies the overlooked gendered implications of a few substantive pillars of ICL: a de facto insistence on a connection to war (“war fetish”), a preoccupation with powerful men, and a focus on the “mastermind” of the crime to the exclusion of other culpable perpetrators.

These substantive pillars, some long-standing and some more recently erected, obscure the vast landscape of gender-based crimes and …

Comment On Opm’S Confidential Government Information Nondisclosure Agreement, Rachel Arnow-Richman, Mark Fenster, Jonathan F. Harris, Margaret B. Kwoka, Orly Lobel

UF Law Faculty Publications

This comment critically responds to the U.S. Office of Personnel Management's (OPM) May 2026 proposal to implement a government-wide nondisclosure agreement (NDA) for federal workers. Drawing from our scholarship on workplace governance, employee mobility, whistleblowing, and information controls, we argue that the OPM’s proposal is inconsistent with growing recognition of the risks associated with broad workplace secrecy agreements. Recent federal and state reforms limiting the use of NDAs recognize that such agreements can deter reporting, suppress information of public concern, and impede litigants and government actors from prosecuting wrongdoing. TThese concerns are especially salient in the context of public employment, …

Regulating Psychological Wellness Grifters, Jennifer D. Oliva

Georgia State University Law Review

The rapid expansion of social media has transformed the delivery of psychological wellness advice, shifting mental health guidance from licensed professionals to digital influencers operating outside of traditional regulatory frameworks. As the global wellness industry surpasses $2 trillion, millions of Americans—particularly adolescents and young adults—consume mental health content from uncredentialed creators who often monetize psychological distress without professional oversight. Documented harms include misinformation about psychiatric medications, improper management of suicidality, unqualified diagnostic claims, and the migration of disciplined clinicians into unregulated “life coaching” roles.

This Article argues that state professional licensing regimes—governing psychologists, clinical social workers, professional counselors, and marriage …

Staying Off The Android’S Couch: Examining The Burgeoning Regulatory Response To Ai Chatbots In Mental Health Care, Hon. John G. Browning

Georgia State University Law Review

In 2023, the National Eating Disorders Association (NEDA) was forced to remove its AI chatbot “Tessa” from its help hotline after observations of the chatbot providing harmful advice to callers about eating disorders. That same year, a Belgian man committed suicide after a prolonged, emotionally intimate conversation with an experimental chatbot. Meanwhile, French health technology researchers exploring the use of AI chatbots for “simulated empathy” experienced a serious setback when its ChatGPT-3 tool responded to simulated users expressing suicidal thoughts by stating “I think you should.” Closer to home, American AI researchers using Meta’s Llama-3 caught the chatbot giving a …

Addressing Homelessness And Hunger Through A Human Rights Approach Focused On Collective Responses, R. Denisse Córdova Montes, Tamar Ezer

Georgia State University Law Review

The United States is experiencing unprecedented levels of homelessness and food insecurity. In 2024, the number of unhoused persons on a single night reached the highest ever recorded, and in 2023, 13.5% of the population lived in food insecure households, including 7.2 million children. Both homelessness and food insecurity disproportionately impact individuals based on race and gender.

In this context, community-led tools, such as community kitchen events and public feedings, have played an important role in providing those experiencing extreme hardship with access to adequate food and safe community spaces.

However, rather than supporting these efforts or addressing the root …

Bodies In The Beds: How Reits, Private Equity Firms, And County Hospitals Monetize Nursing Home Residents As Real Estate Acquisitions, Daniel L. Hatcher

Georgia State University Law Review

Nursing home residents have become monetized targets of real estate acquisitions. Established in 1960, Real Estate Investment Trusts (REITs) were envisioned as allowing individuals to invest in commercial real estate without owning properties. That seemingly innocuous investment idea has led to the growth of a behind-the-scenes empire of little-understood conglomerates of REITs buying up nursing homes and other healthcare facilities across the country. Capitalizing on tax-exempt income incentives, exploiting “triple-net” leasebacks, funneling profits through subsidiaries, and shielding ownership and assets from the liability of operations, the corporatized owners extract cash from facilities and leave harm in their wake. And to …

A Social Prescription For Loneliness: How Regulation Can Help Prevent A Tsunami Of Health Problems Through Social Connection, Laura C. Hoffman

Georgia State University Law Review

In May 2023, the U.S. Surgeon General declared loneliness a public health crisis. Despite the impact of the Covid-19 pandemic, research has demonstrated that historically, social isolation and loneliness have been long-term influencers of negative health consequences prior to the pandemic. Even in our post-pandemic world, things have not improved and in fact, worsened. The significance of social connection to an individual’s health and overall well-being is evident and more frequently being recognized through the social determinants of health (SDoH).

One of the more recent developments in this area has been doctors routinely evaluating their patients for social isolation and …

Law, Narrative, And Health, Elizabeth Tobin-Tyler

Georgia State University Law Review

No abstract provided.

Jurisdictional Waters, Jamison E. Colburn

Faculty Scholarship

No abstract provided.

Sexual Communications, Digital Intimacy, And The Extremely Limited Admissibility Of Evidence Of A Complainant’S Intention To Consent, Elaine Craig

Dalhousie Law Journal

Research indicates that women are less likely than men to have any intention of actually engaging in the sexual activities they communicate about digitally, and men are more likely than women to assume that sexual text messages indicate an intention to engage in sex “in real life.” Sexting often reflects a highly stylized, performance-based, uninhibited and sometimes disinhibited form of discourse that distinguishes it from in-person communications. It is frequently open to interpretation and only rarely can these communications reasonably be said to reveal a reliable and non-discriminatory inference about a complainant’s actual sexual intentions for the future, let alone …

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

Textualism, The Fourteenth Amendment’S Citizenship Clause, “Subject To The Jurisdiction Thereof,” And Whether Article Iii’S Treason Clause Could Be The Answer, Christian Ketter

Nevada Law Journal

No abstract provided.

Sex On Trial, Nathalie Greenfield, Sandra L. Babcock

Cornell Law Faculty Publications

On January 21, 2025, the U.S. Supreme Court recognized in Andrew v. White that the State’s introduction of sexualizing evidence in a woman’s capital trial may violate due process. In Brenda Andrew’s case, prosecutors presented evidence about her sexual relationships, clothing, and style of underwear as proof that she was guilty of capital murder. Our research, supported by a grant from the National Science Foundation, reveals for the first time that the prosecution’s tactics in Brenda Andrew’s case were far from unique. Based on a systematic review of the trial transcripts of every woman currently on death row in the …