Digital Commons Network^™

Bringing Parental Consent Out Of The Shadows: An Evaluation Of Texas H.B. 18'S Effect On A Child's Best Interest, Ainsley Mcnally

Texas A&M Law Review

Beyond constitutional assertions about broad parental rights lies the nuance of state laws affecting child autonomy. State laws take a variety of approaches to address the broad rights of parents to raise their children while acknowledging that these broad rights must give way in limited circumstances to promote the best interests of children. These differences under state law can be categorized into three approaches, including a bright-line, middle-ground, and extended autonomy approach. Naming and analyzing these approaches illuminates a new form of a bright-line approach—shadow parental consent—that Texas law has adopted. At first glance, the recently enacted Texas law, H.B. …

The Principle Of Sustainable Development In International Investment Law: A Study From Vietnamese Perspective, Long Tran Thang, Anh Le Tram Pham

Indonesia Law Review

International investment significantly contributes to economic development by fostering hunger eradication, poverty reduction, job creation, and the introduction of new technologies and services. However, it also presents challenges, including resource degradation, environmental decline, waste generation, and human rights violations. This article emphasizes integrating sustainable development principles into international investment law to balance investor and host country interests while safeguarding the environment and human rights for long-term sustainability. In Vietnam, a nation increasingly integrated into the global economy, legal frameworks stipulate sustainable development principles for foreign-invested projects, aligning with international standards to protect the environment and people alongside economic and social …

Prison Foodways In “Orange Is The New Black”, A. E. Stearns, Morgan Wilson, Mckenzie Richard

Qualitative Criminology (QC)

"The current study adds to the literature on prison foodways and media studies by exploring the role of prison food on the show Orange is the New Black (OITNB). Specifically, this project aimed to better understand the nature of televised incarceration experiences through the way in which incarcerated characters interacted with food in the scenes. Through an analysis of 601 food-related scenes in OITNB, findings suggest: 1) food is a vehicle for additional layers of institutional control of captive bodies, 2) food plays myriad non-food roles such as medicine, a transactional medium, a vehicle for contraband, and even sexual pleasure, …

An Exploratory Study On The Practice Of Procedural Justice And Use Of Force In Police-Citizen Encounters, Charles Cunha

Qualitative Criminology (QC)

"Procedural justice is a philosophy and theory demonstrating that the practice of its four principles improves police-community relations. This means that citizens view law enforcement as a legitimate entity of government. Much controversy has stemmed from alleged unlawful killings of suspects in the past decade. These incidents question whether law enforcement acted legitimately. Since then, scholars have researched training in using the four principles of procedural justice. They have also researched the use of procedural justice in police-citizen encounters. The current research study addresses law enforcement officers’ perspectives on the use of force and the use of the four principles …

“They Are Usually Borderline Homeless”: Exploring The Nexus Of Homelessness, Housing Instability, Successful Reentry, And Long-Term Reintegration, Emily I. Troshynski, Carolyn Willis

Qualitative Criminology (QC)

"For previously incarcerated persons, affordable and safe housing options are scarce. Barriers to securing housing include federal mandates (i.e., eligibility requirements) as well as local rules and regulations (i.e., zoning and ordinances). When housing is available, disclosing criminal history on applications impacts individuals’ chances to rent (Philips & Spencer, 2013). A lack of a consistent rental history, no personal and/or employment references, and securing capital to cover security deposits are added challenges. Since parole rules direct ex-convicts not to associate with others that have a criminal record, living with partners, friends, and family members may not be an option. Research …

"Nobody Gives A Damn If You Don't Know The Rules": Poverty, Strain, And Crime, Chrystina Y. Hoffman, Dana R. Dillard, Erin King, Angela Blackburn

Qualitative Criminology (QC)

"General strain theory posits that individuals commit crimes when they experience negative emotions following various sources of strain. One such source of strain is poverty. In this study, researchers use focus group data and apply a general strain framework to analyze criminal offending during the Missouri Community Action Network's Poverty Simulation© (2022) at a regional comprehensive university in the Southeast region of the United States. A total of 99 undergraduate and graduate students participated in the focus groups at the end of the simulation. Findings support Agnew’s (1992) theory with examples of sources of strain stemming from poverty leading to …

Research Brief: Ghosting In The Realm Of Research: The Realities Of Conducting Social Science Research In The Digital Age, Lena M. Campagna, Angela S. Murolo

Qualitative Criminology (QC)

"Social science research does not occur in a vacuum. Competing for time and attention is the norm in a society that has become more isolated. Because of this, the effects of ghosting are prevalent everywhere. As social scientists, we are not immune to ghosting or its effects. In this research brief, two junior faculty members discuss their efforts to overcome ghosting at every level of the research process and its impact on hiring student workers, knowledge production, and meeting grant funding requirements. Lastly, the authors offer suggestions for overcoming the effects of ghosting and its effect on the challenges of …

Sixth Annual Women In Law Leadership Lecture March 5, 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Improving The Transparency Of Legal Measurement In Health Policy Evaluation—A Guide For Researchers, Reviewers, And Editors, Benjamin A. Barsky, Alina Schnake-Mahl, Cason D. Schmit, Scott Burris

Faculty Scholarship

Advances in quantitative research methods have led to acceptance that well-designed observational studies can enable causal inferences about the effects of policy interventions on health. Indeed, JAMA recently announced exploring a range of study designs for which causal interpretations may be made in JAMA Network journals. This development is welcome for research on the potential health effects of laws—including statutes, regulations, executive orders, formal agency guidance, and other documents that purport to require compliance with rules or standards—given that they are rarely amenable to evaluation using experimental methods. As researchers, reviewers, and editors refine criteria for assessing the appropriateness of …

What Did Scotus Do To Wotus?, Hailey Rizzo

Ocean and Coastal Law Journal

The term “waters of the United States” has sparked half a century of debate among policymakers, judges, Supreme Court Justices, the Environmental Protection Agency, and the Army Corps of Engineers, culminating in the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. This Article chronicles the interpretive history of “waters of the United States” within the context of wetlands and discusses the broader implications of the Sackett decision on the nation’s water bodies.

Gaps In Accountability For Submarine Cable Protection: Inadequacies In The Current Legal Framework, Martin Kwan

Ocean and Coastal Law Journal

Submarine cable protection has become a hotly discussed topic as the risk of damage has dramatically increased amidst wars and geopolitical tensions. This Article critically analyzes six gaps in accountability for cable protection. First, there is no civil accountability for non-territorial damage. The United Nations Convention on the Law of the Sea (UNCLOS) allows no residual jurisdiction, and the English case of Virgin Media Ltd. v. Joseph Whelan reasoned that the absence of exclusive jurisdiction to lay cables in those waters means no civil jurisdiction by the coastal state. But this Article argues that it is an exclusive right, taking …

Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle

Ocean and Coastal Law Journal

The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the …

Public, Private, And In-Between: The Future Of Healthcare, Kwadwo Amponsah

Cardozo International & Comparative Law Review (CICLR) Blog

Health insurance is a type of insurance policy that provides coverage for a predetermined set of medical risks over a specified period. A health insurance policy is an agreement between an insurance provider and an individual, wherein the provider commits to covering pre-determined medical expenses, while the individual pays a fixed monthly premium (which may vary depending on the terms of the agreement). Upon acceptance into this plan, the consumer becomes part of a risk pool, which is further categorized into low-risk and high-risk segments. One’s risk assessment provides information regarding their propensity to need more medical services, and this …

Book Review: How To Set Up And Run A Law Clinic, Peggy Maisel, Paul R. Tremblay

Faculty Scholarship

This book answers many questions for those tasked with deciding whether and how to fund a law school clinic. It also provides metrics by which to evaluate the operations of a clinic. And finally, this book addresses not just how best to run a clinic, but in many ways how best to deliver legal services to a community in great need of legal help, whether through a law school program or in the neighborhood. It answers questions every legal aid office in the world with limited resources must answer: how to choose clients, how to decide which services the clients …

Just Kids: Establishing A Minimum Age Of Jurisdiction In Maine’S Juvenile Court, Allie Smith

Maine Law Review

In Maine, there is no such thing as a child too young to be prosecuted. Maine’s Juvenile Code grants the juvenile court jurisdiction over a child of any age, even one who would have been considered too young to prosecute in the fifteenth century. As of 2024, just over half of states in the country have rejected this approach and established minimum ages of jurisdiction for their juvenile courts. These minimum age laws protect the youngest, least culpable, and least competent children from prosecution, and generally require states to respond to young children through services rather than punishment. This Comment …

Cars Don’T Stop For Yellow Lights: Turning Maine’S Yellow Flag Law Red, Jamison Rhoads-Doyle

Maine Law Review

This Case Note is about Maine’s Extreme Risk Protection Order law, Title 34-B, Section 3862-A, of the Maine Revised Statutes. The purpose of Maine’s law and others like it is to proactively take firearms away from individuals who present a substantial risk of violently harming themselves or others. In the aftermath of the mass shooting which occurred in Lewiston, Maine on October 25, 2023, there was debate over whether law enforcement could have used Section 3862-A to proactively prevent the shooting, as well as over whether Section 3862-A was an effective tool for preventing violence in the first place. This …

Breaking Up With The Anti-Hero: How 303(B)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises, Kelly M. Gamble

Maine Law Review

The American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to re-evaluate the relationship between the primary curriculum and student support frameworks. This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies. This Article first outlines the …

Slow, Expensive, And Out Of Control: A Statutory Solution To The Competency Crisis, Robert Barnhart

Maine Law Review

The United States Constitution guarantees both the right to a speedy trial and the right to be competent to stand trial. United States Supreme Court decisions have recognized both of these rights but left the hard work of implementing them to legislatures and rulemakers. After turning the technicalities over to the states, the Supreme Court has generally stayed out of the business of setting bright-line rules to follow, both for setting speedy trial limits and ensuring defendants are evaluated and restored to competency. This delegation has led to a dual crisis. Cases are not resolved on time, and a substantial …

Unconsented Educational Pelvic Exams On Anesthetized Patients: The Collapse Of Legal And Ethical Safeguards For Patient Consent, Rachel Beth Cohen

Maine Law Review

It is a troubling reality that medical students in some U.S. teaching hospitals perform pelvic examinations on anesthetized surgical patients without their explicit knowledge or consent. These unconsented educational pelvic examinations raise serious ethical and legal concerns. Although professional medical societies agree that specific and voluntary consent is a fundamental ethical prerequisite for conducting such examinations, this standard has been frequently disregarded in practice. The law offers little practical deterrence to this violation of patient autonomy. Tort law provisions on battery and informed consent are ineffective in addressing the issue, while state legislatures have largely failed, or outright refused, to …

March 10, 2025 — Letter To U.S. House Of Representatives On Introduction The Action For Dental Health Act Of 2025, American Dental Association

Advocacy in Action letters

No abstract provided.

The Overlooked Harms Of Inaccurate And Biased Medical Records, Myrisha S. Lewis

Popular Media

No abstract provided.

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

A Supreme Sidestep: The Justices’ Artful Dodge On Platform Immunity, Leslie Garfield Tenzer

Northwestern Journal of Technology and Intellectual Property

The foiled ISIS plot to attack Taylor Swift concerts, coordinated by teens on social media platforms with a significant US presence, illustrates the dangerous consequences of unchecked online content. This incident, coupled with other tragic cases—such as the sexual exploitation of a minor lured through Facebook and Tyler Clementi’s suicide following a privacy violation on Twitter—highlights the urgent need to reassess 47 U.S.C. § 230 of the Communications Decency Act. Enacted in 1996, this law provides broad immunity to interactive computer services, including social media platforms, shielding them from liability for user-generated content. While initially celebrated as a catalyst for …

Reply Brief For Plaintiff-Appellant, Jane Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Marshall does not dispute that Jane Roe’s experience as a student there was marred by fellow-student John Doe’s repeated sexual harassment. Doe’s harassment of Roe escalated on September 3, 2022, when he sexually assaulted her at a Marshall-football-watch party near campus. Instead of supporting Roe to confront the assault’s aftermath or the lingering on campus hostile environment, Marshall punished her, pretextually shuffling her through an investigation riddled with procedural deficits, in an attempt to cover its tracks.

Marshall argues it isn’t liable because it lacks control over all off-campus sexual assaults. But it undermines itself by admitting it exercised control …

Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …

Reclaiming Abortion As A Moral—And Religious—Decision, Linda C. Mcclain

Faculty Scholarship

Elizabeth Sepper, Free Exercise of Abortion, 49 BYU L. Rev. 177 (2023).

In 1973, before the Supreme Court decided Roe v. Wade, two members of a group of clergy committed to helping women receive abortion care stated: “every woman must possess the freedom, guaranteed by the U.S. Constitution, to follow her religious conscience in the determination of whether she will or will not bear a child.”1 Religious supporters of abortion access also cited the Establishment Clause: states were adopting, in a religiously diverse nation, a religious view about when life begins and how to value fetal and maternal life. …

"I Was Young And Dumb": Why Age Should Be Considered In The Military Discharge Upgrade Process, Ashlyn Anderson-Keelin

Texas A&M Law Review

Approximately 40% of the United States military is no older than 25. Despite the robust and continued prevalence of young people serving in the Army, Navy, Air Force, Marines, Coast Guard, and Space Force, no special consideration is explicitly given to a servicemember’s age when considering upgrades for those discharged under less-than-honorable conditions. These young people volunteer to risk their lives, expecting to be honorably discharged and eligible to receive the benefits promised to them during recruitment and enlistment; however, many instead find themselves with a less-than-honorable discharge, thereby barred from the benefits that motivated them to join in the …

Accidental Brady Violations, Adam M. Gershowitz

Texas A&M Law Review

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct.

But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is …

Get In The Flow: Policy Changes That Can Increase Texas's Surface Water Transfers, Amy Hardberger

Texas A&M Law Review

The prior appropriation or “first in time” system of surface water allocation was initially adopted during the California Gold Rush and later implemented throughout the western U.S. to distribute water rights. Those same states are now experiencing massive population increases, often with over-appropriated rivers exacerbated by climate change. Although water is scarcer, it is often not put to its highest value or most efficient use because prior appropriation protects inefficient and wasteful uses.

Because water rights are property rights, one way to move water to new users is through water market transfers; unfortunately, prior appropriation rules create high transaction costs, …

No News (Read: Successful Lawsuits Against Mediators) Is Good News?, Michael Moffitt

Texas A&M Law Review

Mediators are busy doing important work—and mediators are human and sometimes make mistakes. Without losing sight of the important work mediators do every day within our justice system, this Article offers three observations about the fact that mediators are fallible. It concludes with some normative considerations about how we might think about each of the three observations.

First, I summarize research spanning more than two decades of litigation involving mediators. I provide a new taxonomy, derived from actual lawsuits, describing the bases upon which former disputants have complained about their mediators. I suggest that there are examples of at least …