Digital Commons Network^™

Courtside To Courtroom: Examining Online Sports Gambling, Liability Litigation, And The Need For Congressional Reform, Sadie Sand

University of Cincinnati Law Review

No abstract provided.

The Materially Affect Standard Does Not Protect Consumers From Dishonest Influencers, Kimberly Coleman

University of Cincinnati Law Review

No abstract provided.

Ohio's Unconstitutional Burden Of Proof For Criminal New Trial Motions Based On Newly Discovered Evidence, David B. Alden, Michael P. Koslen

University of Cincinnati Law Review

No abstract provided.

Proportionality And The Federal Rule Of Civil Procedure 26(B)(1): An Empirical Inquiry, Daniel Croxall, Michael Vitiello

University of Cincinnati Law Review

No abstract provided.

Title Ix Reimagined: The Power Of Principles-Based Governance, Tammi Walker

University of Cincinnati Law Review

Title IX, a federal civil rights law enacted in 1972, prohibits sex-based discrimination in educational institutions. Title IX’s regulatory framework has evolved into a problematic hybrid of broad principles and prescriptive rules, creating significant challenges for educational institutions seeking to prevent sex discrimination and ensure gender equity. The current system’s simultaneous vagueness and rigidity has resulted in inconsistent enforcement, regulatory uncertainty, and compliance burdens that ultimately undermine Title IX’s fundamental objectives.

This Article argues that a properly structured principles-based regulatory approach would better serve Title IX’s aims while enhancing compliance and accountability. Successful implementation requires clear guiding principles, professional expertise, …

A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.

Achieving Positive Outcomes Using Rapport-Based Police Interviewing In Sex Offense Investigations, Mark A. Dainty

Doctoral Dissertations and Projects

Rapport is a critical component of interpersonal communication marked by verbal and non-verbal behaviors including attention, positivity, and coordination. The presence of these indicators during police interviews is positively correlated with information yield. This grounded theory study examined the relationship between rapport and information yield as measured by the quantity of details interviewees disclosed to investigators, particularly sensitive or incriminating details. The theory guiding this study was Cesare Beccaria’s classical criminology Rational Choice Theory, which suggests offenders are rational beings who conduct a cost-benefit analysis before engaging in crime. Investigators applying this theory and employing rapport-based interviewing skills will elicit …

Armed And Classless: Non-Dangerous Felons After Bruen, Robert W. Vetter

LSU Law Journal for Social Justice & Policy

No abstract provided.

Parameters Spring 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Spring 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Russia, Ukraine, and NATO; Strategic Competition and Managing National Security; and Joint Sustainment Strategies), the regular Civil-Military Relations Corner installment, and a review essay.

Measuring Interoperability Within Nato: Adapted Off-The-Shelf Or Bespoke Solution?, John R. Deni, Matthew R. Macleod, Sarah E. Stewart, Katherine M. Banko, Adrian Jones

The US Army War College Quarterly: Parameters

Despite decades of work on interoperability, NATO Allies cannot measure, assess, and build upon it fully and accurately. The lack of agreed formats or standards for collection, management, and the communication of findings have prevented the Allies from developing common interoperability measurement and assessment tools. Nonetheless, NATO could adopt extant standards, methodologies, processes, or tools to achieve its interoperability objectives. Testing this notion through use cases, the authors identify practical and conceptual hurdles to adopting an off-the-shelf solution. They conclude that the Alliance may need to create assessment standards, methodologies, processes, and tools from scratch, despite the difficulties of doing …

Brief Of 30 Scholars Of Law, Economics, And Medicine As Amici Curiae In Support Of The Petition, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are scholars of law, economics, and medicine, listed in the Appendix. Their interest is in the proper development of patent law in ways that best promote the interests of innovation access and the public interest.

Brief Of 76 Scholars Of Law, Business, Economics, And Medicine As Amici Curiae, Charles Duan

Amicus Briefs & Court Filings

No abstract provided.

Human-Animal Chimeras: An Omen For Disaster Or An Answer To Our Prayers?, Catherine A. Zimmermann

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the purpose of chimera research, various ethical arguments, and the current perception of chimera research in the United States to address aspects of the proposed legislation. Chimeras are unique in that they have both human and animal cells. Taking this into account, I also discuss the current regulatory structure and legal protections which provide a framework for the regulation of chimera research. I explain and analyze the law regarding the NIH moratorium and explore factors that have led the United States to consider lifting the moratorium while examining different legal perspectives which explain …

“Don’T Say Gay”: Florida’S Suppression Of Lgbtq+ Identities Under The Guise Of Parental Empowerment, Alex J. Snow

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note first discusses the legislative and judicial history of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title IX. Primary attention is directed toward the interplay between the statutes, their similarities, and the theories pursuant to which discrimination may be established under each. Next, this Part discusses the historical debate over the scope of “sex” discrimination under Title VII and Title IX. Then, this Part examines the landmark Supreme Court case Bostock v. Clayton County’s substantial impact on the judicial interpretation of “sex” under Title VII and Title IX. Lastly, …

Shoot First, Think Later, Pay Never: How Qualified Immunity Perpetuates The Modern-Day Lynching Of Black Americans And Why Abolition Is The Answer, Abigail Sloan

Journal of Civil Rights and Economic Development

(Excerpt)

The purpose of this Note is to analogize today’s police killings of Black Americans to lynchings, and to examine how qualified immunity is one of many mechanisms governments and police departments use to evade accountability. The word “lynching” itself evokes an emotional and disturbing image of horror from the reconstruction-era South, with images of terroristic, racist violence which can be uncomfortable and traumatizing to confront. However, in using the word “lynching,” I intentionally and respectfully draw upon the similarities between historical lynchings and the police killings of Black Americans today, particularly in tracking the evolution of brutal violence to …

One Person, Endless Data: Prohibiting Personal Political Viewpoint Data Processing To Combat Voter Suppression, William Eddy

Journal of Civil Rights and Economic Development

(Excerpt)

Polarization in American politics and elections continues to rise, due in no small part to advancing digital marketing technologies co-opted by political actors. In 2016, Cambridge Analytica, a political consulting firm, spearheaded right-wing populist campaigns to political victory in the United States and United Kingdom. The firm reconfigured commercial data processing methods to process personal political viewpoint data (“PPVD”) and perform “psychological manipulation.” While the firm has since dissolved, such practices are still used to manipulate American elections.

The European Union (“EU”), also in 2016, enacted the General Data Protection Regulation (“GDPR”). As a comprehensive data privacy reform, GDPR, …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

March 18, 2025 — 2025 Coalition Letter Supporting Dr. Lorna Breen Reauthorization Act, American Dental Association

Advocacy in Action letters

No abstract provided.

Executive Watch: Trump's Weaponization Of Civil Lawsuits, Timothy Zick

Popular Media

This post focuses on civil suits by government figures, mainly by the sitting president. It comes at a time when the legitimacy of the New York Times v. Sullivan case is being challenged, and while efforts to establish a national anti-SLAPP law are being thwarted.

“Burned At The Stake”: Unpacking Disinformation In The Story Of A Coach Allegedly “Terminated” For Expressing Anti-Transgender Women Athlete Beliefs, Ellen J. Staurowsky

Journal of Issues in Intercollegiate Athletics

On August 29, 2023, a video testimony entitled ‘Burned at the Stake’: One NCAA Coach’s Battle to Protect Women’s Sport was released. The film was part of a “female athlete storytelling series” developed and funded by the Independent Women’s Forum (IWF) designed to support the IWF’s stated agenda to “fight to save women’s sports and counter the radical agenda that seeks to erase women” by allowing transgender girls and women on teams that match their identities. The central figure in the video is Kim Russell, then head women’s lacrosse coach at NCAA Division III Oberlin College, who claimed her right …

Targeting School Shootings: Using Three Warning Signs - Animal Abuse, Domestic Violence, And Conduct Disorder - To Help Prevent Massacres, Phyllis Coleman

Widener Commonwealth Law Review

Whether packing a superhero lunchbox for their five-year-old’s first day in a public kindergarten just down the block or preparing their twenty-two-year-old for his freshman year at an Ivy League law school 2,000 miles away, parents across the country are terrified by images of panicked children running from schools while an active shooter tries to slaughter as many students, faculty, and staff as he can. But, despite these widespread fears, and numerous governmental and other investigative studies, the only real consensus seems to be that these are horrific, destructive attacks that should stop. The difficulty lies in finding agreement about …

Incumbent Protection In Legislative Redistricting: First Principles And The Constitution, David N. Wecht, Brett Graham

Widener Commonwealth Law Review

In American politics, few things are more predictable than the reelection of a member of the U.S. House of Representatives. Congress’ perennial unpopularity notwithstanding, the House reelection rate has been as high as 98 percent in recent cycles, and very rarely dips below 90 percent. Incumbent advantage extends to the states as well: in 2020, 95 percent of state legislators nationwide won reelection. Political scientists often attribute this phenomenon to name recognition, consolidation of party support, fundraising superiority, or some combination thereof. Legal observers, though, might search elsewhere for an additional factor.

Mmu: 03/17/25–03/23/25, Student Bar Association

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