Digital Commons Network^™

How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt

West Virginia Law Review

This Essay, written for a symposium that honors and amplifies Ann Eisenberg’s 2024 book, Reviving Rural America: Toward Policies for Resilience, contemplates benefits that could flow from taking seriously Eisenberg’s conceptualization of rural America as a commons. In particular, I argue that the mutual respect and collaboration necessary for a successful commons could help heal the rural-urban rift, which has widened dramatically in the last few decades. Recent studies suggest that rural residents have what scholars call a rural consciousnesses, which means that living in a rural place is a key aspect of their identity. One feature of this identity …

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

Autonomous Vehicles: Security And Privacy Concerns, Christopher Z. Shiu

Senior Honors Theses

The rapid development of self-driving vehicles provides many benefits. Even then, there are various security and privacy concerns that must be addressed. Autonomous vehicles are dependent on advanced machine learning systems in order to communicate. However, concerns about cyber threats and the misuse of data are not studied adequately enough. With the integration of technical and human factors, these developments can address communication and regulatory compliance weaknesses to offer safer implementations to autonomous vehicles. It is only after understanding these challenges, can strategies be developed to counteract threats. As artificial intelligence continues to evolve, autonomous vehicles have the potential to …

Historical Firearm Licensing And Permitting Laws, Robert J. Spitzer

Dickinson Law Review (2017-Present)

No abstract provided.

Supreme Court Gives States The Green Light To Go Ham: The Dormant Commerce Clause In Renewable Energy In Light Of National Pork Producers, Ellie Carl

Michigan Journal of Environmental & Administrative Law

Two years ago, the Supreme Court slaughtered the Dormant Commerce Clause in its decision in National Pork Producers v. Ross. While the case is not explicitly about environmental law, it significantly affects environmental laws and policies, especially pertaining to state renewable portfolio standards. These state policies are especially prone to Dormant Commerce Clause litigation, given the interstate nature of electric grids. This paper argues that the scope of the Dormant Commerce Clause in light of this decision is appropriate for ensuring that states have adequate wiggle room in renewable energy regulation, but not an excessive amount of leeway so …

Streamlining Wildlife Regulation, Robert L. Fischman

Michigan Journal of Environmental & Administrative Law

A recent burst of revisions in the bedrock regulations governing projects that may adversely affect wildlife represents a generational shift in policy. Streamlining federal decision -making drove much of this reform. Streamlining offers a path to address climate change without abandoning a longstanding commitment to wildlife conservation. The conservation community recognizes the need to build new infrastructure to reduce the rate of climate change through air emissions. The most urgent priority is decarbonizing the electrical ~rid through renewable energy generation and a better transmission network. Adaptation to the "new abnormal" of climate-driven environmental disruption demands federal approvals for a host …

Lead Telecommunications Cables: A Call For Concern?, Zachary Young

Michigan Journal of Environmental & Administrative Law

From the late 1800s until the 1950s, telecommunication companies across the United States utilized lead casing to protect their telecommunication lines. As technology developed and different types of plastic coatings were created, telecommunication companies phased out the use of lead cables. However, the lead cables remain in the air and buried in the ground, even continuing to provide telephone service for some. The failure to remove these cables, most of which are not in use anymore, has generated a slew of issues for the modem-day telecommunication companies that have inherited these cables from their predecessors. As the protective casing decays, …

Church And State Collide: The Constitutional Implications Of Louisiana's Ten Commandments Bill, Kimberly Aliaga

Brigham Young University Prelaw Review

: In the summer of 2024, Louisiana’s governor signed House Bill 71 (HB71), which mandated all K-12 schools to display the Ten Commandments in classrooms. While proponents of the bill claim it serves a secular purpose to promote morality and historical literacy, precedent cases like Stone v. Graham (1980) suggest otherwise. By requiring the display of the Ten Commandments in public classrooms, HB71 is a violation of the Establishment Clause and Free Exercise Clause found in the First Amendment. This article analyzes the bill by comparing it to similar cases, and by applying both the Lemon and Endorsement Test to …

The Hidden Cost Of State Income Tax Repeal: A Case Study Of The West Virginia Neighborhood Investment Program Credit, Elaine Waterhouse Wilson

West Virginia Law Review

In March 2023, West Virginia significantly cut its personal income tax rates and paved a path toward the full repeal of the personal income tax. This repeal would directly impact West Virginia’s nonprofit sector and reduce charitable giving because it would render West Virginia’s Neighborhood Investment Program (“NIP”) tax credit ineffective. NIP tax credits have been the primary charitable tax incentive in the state’s income tax code and have been widely supported by nonprofits. This Article argues that if the NIP credit program incentivizes charitable giving, then state income tax repeal comes with a hidden cost—the cost of lost revenues …

Scientific Educations Among U.S. Judges, Christa Laser

Law Faculty Articles and Essays

Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% offederal judges have majors in science …

Data Privacy At The Border: How To Balance National Security Concerns And Privacy Interests When Conducting Forensic Border Searches Of Electronic Devices, Eleni Filley

Washington and Lee Journal of Civil Rights and Social Justice

Do you know where your phone is? Can you describe the last five pictures in your camera roll? How many websites have you visited this month? Cell phones are an extension of our person and contain some of our most private data: location, banking, loved ones, sleep statistics, reproductive information, and more. As our technology develops, so too should our laws. This Note explores the lack of privacy protections at the U.S. border and how susceptible our data is to a government search. A Supreme Court ruling recognizing the unique piece of property a cell phone represents, even at a …

Cannabis At Work: Navigating The Intersection Of Employment Law And Legalized Marijuana, Eva Lane

Washington and Lee Journal of Civil Rights and Social Justice

As states increasingly legalize forms of cannabis use, federal regulation remains stagnant. These outdated laws still hold power, undermining state-granted rights. This impact is especially felt in the employment sector. While states pass laws legalizing cannabis use, employers still have a right to a drug free workplace. Many employment agreements prohibit drug use, even if legal under state law. This Note examines recent caselaw to analyze how courts are handling the battle between state and federal government as it relates to cannabis legalization. Ultimately, the argument highlights the risk employees face – engaging in what they believe is legal behavior …

Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein

UF Law Faculty Publications

Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Hate Groups And The Charitable Tax Exemption, Miriam Galston

UC Law Constitutional Quarterly

No abstract provided.

From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham

Senior Honors Projects

The Criminal Element is an innovative, victim-centered podcast that bridges the gap between criminological theory and real-world criminal cases. The podcast is designed as an educational resource for undergraduate Criminology and Criminal Justice students, alongside general audience members interested in learning more about criminological theory. Through the lens of true crime, this podcast is an engaging exploration of foundational and advanced theories while avoiding sensationalism and exploitation, a prevalent problem among true crime media. Each episode connects criminological theoretical concepts – such as strain, social learning, and social disorganization – to contemporary and historical cases, providing listeners with accessible and …

Giving Birth Should Never Be A Death Sentence: Chapter 621 And The Path To Maternal Equity, Lacy Johnson

University of the Pacific Law Review

No abstract provided.

California’S Climate Superfund: How Sb 1497 Seeks To Hold Large Fossil Fuel Polluters Accountable, Dominick Mendoza

University of the Pacific Law Review

No abstract provided.

Chapter 584: Navigating Hate Literature And The Freedom Of Speech Through Strategic Legislation, Christine J. Miller

University of the Pacific Law Review

No abstract provided.

The End Of Self-Checkout: Why Sb 1446 Would Limit Technological Advancements Rather Than Protect Jobs And Deter Theft, Michaela Thompson

University of the Pacific Law Review

No abstract provided.

Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump

West Virginia Law Review

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …

University Of Baltimore: A Century Of Opportunity, A Future Of Leadership, Lavonda N. Reed

University of Baltimore Law Forum

No abstract provided.

Contrition Conflict: Remorse And Innocence Under The Juvenile Restoration Act, Jayna Peterson

University of Baltimore Law Forum

No abstract provided.

Teachers, Raise Your Hands: Why Maryland Must Allow Class Size As A Permissive Subject For Public School Teachers' Collective Bargaining, Grace Andrews-Becker

University of Baltimore Law Forum

No abstract provided.

Think, Reflect, Refine: Shaping The Modern Lawyer, Camesha Little

University of the District of Columbia Law Review

Modern law students are entering the profession during an era when our society is fraught with many atrocities. These societal challenges come at a time when students are increasingly engaged in more social advocacy. Modern law students are also coming into legal training with skills and resources different from those of generations in the past. Additionally, almost daily, our newsfeeds are littered with headlines about the benefits, challenges, and fears of integrating generative artificial intelligence (“AI”) into our world. The legal system is not immune to this conversation. There have been discussions about how generative AI, such as ChatGPT, will …

Lobbying For Our Lives: A Comprehensive Analysis Of The Impact Of Restrictive Non-Profit Lobbying Rules On The Progression Of Climate Change Legislation, Natalia Akopian

University of the District of Columbia Law Review

Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental policies, operate under strict federal limitations on lobbying activities and expenditures. This structural disparity has created an uneven playing field where corporate interests, such as the fossil fuel industry, wield disproportionate influence over climate policy. As a result, climate-friendly legislation often struggles to gain traction despite the public’s growing concern over environmental issues.

This note examines …

Mortgage Lending Discrimination: A Barrier In The Land Of Opportunity, Paul Campbell

University of the District of Columbia Law Review

This note discusses the problem of mortgage loan discrimination in America. In January 2021, mortgage rates in America were the lowest in history at 2.65%. Around this time, there was a high demand for housing throughout the country. Yet in 2022, 26% of Black applicants had mortgage applications denied. Mortgage loan discrimination continues to be a barrier for African American homeownership. However, this barrier can be overcome by supporting nonprofit organizations and community banks, creating a new federal agency which provides reparations and guaranteed mortgages, and passing the Fair Access to Financial Services Act.

How The United States Fails Immigrant Youth, Abigail "Abby" Reinhard Greene

University of the District of Columbia Law Review

Immigrants are some of the most marginalized members of society. Immigrant youth, in particular, endure additional stresses due to their dual status as children and immigrants. Many fled their home country from persecution or entered the U.S. without a parent or legal guardian.

By May 2024, over 120 million individuals were “forcibly displaced worldwide as a result of persecution, conflict, violence or human rights violations.” In 2022, over 152,000 unaccompanied immigrant youths crossed the U.S.-Mexico border. The United States faces several challenges in supporting these immigrant youths, and it currently fails to meet those challenges. ...

This note details how …

Fetal Personhood And The Judicial Erosion Of Women's Rights Following Dobbs, Brendan Williams

University of the District of Columbia Law Review

In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overturned its prior precedents recognizing a constitutional right to abortion, a recognition that began nearly a half-century before with its decision in Roe vs. Wade. In its granting certiorari in a case involving a Mississippi law restricting abortion, the New York Times reported that the Court majority took advantage of the death of Justice Ruth Bader Ginsburg by allowing “Mississippi to perform a baitand-switch, widening what had been a narrower attempt to restrict abortion while she was alive into a full assault on Roe — the kind …