Digital Commons Network^™

Youth Voice: Civic Engagement, Rights, And The Wellbeing Of Children, Jonathan Todres, Folashade Epebinu, Chelsea Osei, Gabrielle Listana

Seattle Journal for Social Justice

No abstract provided.

America's Forgotten History Of Constitutional Crisis, Marcus A. Gadson

Faculty Publications

Scholars have insisted that constitutional crisis is rare in American history. They are wrong. Constitutional crisis has been one of the most important constants in American history. The events of January 6, 2021, the assassination attempt on President Trump, and the debate about whether to invoke the Twenty-Fifth Amendment to force President Biden out of office are child’s play compared to the constitutional crises this country has endured. Those observations are only surprising because so few scholars have studied constitutional crises at the state level. They are focused on national and international constitutional crises. This Article has three goals. First, …

Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman

The Judges' Book

No abstract provided.

Tsai Today (2025), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

Owning Marriage In Robinson's Gilead Novels, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Forced Migration And Women's Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani

Public Law and Legal Theory Working Papers

We explore a puzzle: high levels of satisfaction among forcibly displaced Rohingya women in informal camps in Hyderabad, India. Despite experiencing extreme poverty, loss of family and community, and high levels of gender-based violence after resettlement, both men and women—particularly women—report significant increases in satisfaction. We structured a representative household survey, employed a trusted female Muslim interviewer with deep ties to the local community, interviewed comparable numbers of men and women, and embedded list experiments in our questionnaire, to allow people to answer sensitive questions indirectly. We attribute this paradoxical finding to increased freedom post-resettlement, facilitated by economic, legal, and …

The Best Disinfectant: The Value Of Transparency In Information Operations, Major Ian W. Stamme

American University National Security Law Brief

America is in a state of persistent competition with nation-state adversaries, including Russia and China, which seek to subvert the post-WWII rules-based international order and undermine American legitimacy abroad. Some of this competition takes place through traditional statecraft and across each of the instruments of national power: diplomatic, informational, military, and economic. However, much of this competition also takes place in the gray zone, defined as a spectrum between the higher threshold of armed conflict and the lower threshold of ordinary statecraft. In other words, while all relations between nations involve degrees of leverage and relative advantage, gray zone conflict …

Legal Practice Practicums: Making A Case For Change: A Way Forward, John O. Sonsteng, Michael Sonsteng, Kenneth Rubenzer

Faculty Scholarship

No abstract provided.

The Literary Arsenal In Fahrenheit 451: The Second Amendment Case Against Censorship, Kristen M. Boguslawski

SPARK Symposium Presentations

This paper argues that First Amendment challenges alone are not enough to address the rise of book bans in the United States. As restrictions increasingly limit access to works by minority and LGBTQ plus authors, new constitutional approaches are needed. Using the Law and Literature framework and Fahrenheit 451, the paper proposes applying Second Amendment principles to literature.

It contends that books function as powerful tools that shape thought and protect individuals from harmful ideas and government control. Like firearms, they support self defense, guard against government overreach, and provide personal value. By drawing this comparison, the paper shows that …

Scrutinizing Sex, Jessica A. Clarke

University of Chicago Law Review

Critics of the Supreme Court’s equal protection jurisprudence despair that the Court conceives of discrimination as the mere classification of individuals on for- bidden grounds, such as race and sex, rather than systemic patterns of subordination. On the Court’s anticlassification theory, affirmative action, which relies on overt racial or gender classifications, is generally forbidden. Anticlassification rules are insensitive to context: a classification is a classification, no matter how well intentioned it might be, no matter what effects it might have, and no matter if it treats members of various groups in ways that are substantively equal. Whether a classification might …

Shedding Light On Secret Settlements: An Empirical Study Of California’S Stand Act, David Freeman Engstrom, Nora Freeman Engstrom, Jonah B. Gelbach, Austin Peters, Garrett M. Wen

University of Chicago Law Review

Catalyzed by the #MeToo movement, states have adopted a spate of laws restricting secret settlements—controversial contracts that shield misconduct from public scrutiny. In 2018, California led the charge with the Stand Together Against Non-Disclosure (STAND) Act, which targets secrecy in the resolution of sex discrimination, harassment, and abuse cases. In the intervening years, more than a dozen states followed suit with restrictions of their own.

Reigniting a decades-old debate, transparency advocates hail these reforms as a major win for victims. They celebrate STAND and its legislative progeny as a way to promote accountability, facilitate accuracy in case adjudication, and publicize …

Reestablishing Religion, Richard C. Schragger, Micah Schwartzman, Nelson Tebbe

University of Chicago Law Review

In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected separationism, which limited government support of religion, and it has adopted interpretations of disestablishment and free exercise that provide special solicitude for religion. Now, the government must treat religion equally with respect to providing public benefits. But it must also grant special exemptions from regulations that burden religion. This pattern of equal treatment for benefits and special exemptions from burdens yields a doctrinal structure that gives preference to religion. We refer to this regime as structural …

Visitation As Family Regulation, Laura Matthews-Jolly

North Carolina Law Review

No abstract provided.

Font Of Knowledge: Readability And Accessibility Challenges Caused By Typeface Requirements In North Carolina Appellate Courts, Andrew Parco

North Carolina Law Review

No abstract provided.

Dead In The Water: A Critique Of The Fourth Circuit’S Major Questions Analysis In North Carolina Coastal Fisheries Reform Group V. Capt. Gaston Llc, Dylan T. Silver

North Carolina Law Review

No abstract provided.

Determinants Of Socially Responsible Ai Governance, Daryl Lim

Faculty Scholarship

The signing of the first international AI treaty by the United States, European Union, and other nations marks a pivotal step in establishing a global framework for AI governance, ensuring that AI systems respect human rights, democracy, and the rule of law. This article advances the concepts of justice, equity, and the rule of law as yardsticks of socially responsible AI—from development through deployment—to ensure that AI technologies do not exacerbate existing inequalities but actively promote fairness and inclusivity. Part I explores AI’s potential to improve access to justice for marginalized communities and small and medium-sized law firms while scrutinizing …

Access, Welfare, And Lawsuits: Restoring Reproductive And Economic Autonomy Post-Dobbs, Jill C. Engle

Faculty Scholarship

Access to abortion and increased poverty for women and children are inversely correlated: as access to abortion decreases, feminine and child poverty increase. Women who try to access abortions are more likely to already be mothers, and more likely to be living below the poverty line. In post-Dobbs America, abortion is illegal or severely restricted in approximately half of the states. In states where abortion access is most restricted, women and children experience poverty at the highest rates in the nation. The Supreme Court majority that decided Dobbs chose to ignore the connection between abortion and poverty. In doing …

Crafting An Exception To The Principle Of Non-Intervention To End Military Coups, Ronnie R. Gipson Jr.

Faculty Scholarship

Oftentimes, when a foreign state refuses to get involved when another country is subjected to a military coup, the foreign state uses the principle of non-intervention as the reason for inaction. The principle of non-intervention in those instances takes on the role of becoming a shield against preserving or protecting human rights. Specifically, in Myanmar, the principle of non-intervention is being used as a weapon by the military junta, allowing it to strengthen its grip on the levers of power and crush any fledgling opposition to its rule with unimaginable cruelty and violence. This article advances the premise that a …

Zoning The Subsurface, Hannah Jacobs Wiseman, Anne Menefee, Seth Blumsack, Michael Helbing

Faculty Scholarship

The vast rock formations underlying the United States stand at an important Demsetzian turning point, at which the externalities of inadequately defined property rights justify the costs of solidifying formal property rights for this resource. This need arises from the growing scarcity of pore space (tiny openings) in subsurface rocks—property that is critical to address climate change. Efforts to mitigate and adapt to climate impacts require large-scale underground storage of carbon dioxide, water, and energy within the pore space of subsurface reservoirs. The subsurface will also continue to house millions of miles of pipelines, hundreds of thousands of waste disposal …

The Lacey Act: Balancing The Scales Of Federal Authority And Individual Liberty, Bradley Kwon

CMC Senior Theses

This thesis examines the balance between federal authority and individual liberties within the framework of American federalism, using the Lacey Act as a case study. Enacted in 1900 to regulate wildlife trafficking, the Lacey Act has undergone significant amendments that expanded federal authority and reshaped the balance of power between state governments and individual rights. By integrating theoretical insights from scholars such as Martha Derthick and Dennis LaGory, this thesis explores the federal government’s transition from a cooperative model to a coercive one, particularly during the Rights Revolution of the 1960s. The analysis highlights the legislative history of the Lacey …

A Multiple Perspective Analysis On Urban Poverty In Developing Nations: A Case Study On Nigeria, Colonial Implications, And Modern-Day Outcomes, Julian Rivera-Williams

CMC Senior Theses

This paper will dissect urbanization and poverty in Nigeria as a case study of the challenges of underdevelopment and the lingering effects of colonialism in Africa. To draw a complete understanding of challenges faced by developing nations facing systemic underdevelopment, high poverty, and low productivity– nations like Nigeria, my research will uncover colonial impacts and post-colonial policies that initiated urban poverty and underdevelopment outcomes we see today. The purpose of my thesis is to encompass existing fragmented academia on the causes and consequences of underdevelopment and connect historical implications to current impacts of global development today including the influence of …

The Law Of The Land: An Analysis Of Recent Reforms To Housing Policy In California, Ryan A.T. Lenney

CMC Senior Theses

While substantial literature exists on the causes of California’s housing crisis, relatively little is known about the state legislature’s attempts to increase housing supply. This study attempts to address that shortcoming by creating a catalog of all recent changes made to land use law in California. It finds that the state legislature has passed 167 laws related to planning, zoning, and entitlement processes over the previous decade. Through an analysis of the content of those laws, this study identifies 12 policy subtopics. Subtopics that were subject to significant political opposition typically saw less legislative activity. Exceptions to this finding may …

Invisible No More: Looking And Listening Locally To Build Conflict-Related Sexual Violence Resilience, Anjali Thakore

CMC Senior Theses

The ubiquity of sexual violence, with its devastating physical and psychological consequences, has rendered conflict-related sexual violence (CRSV) one of the most effective and enduring “invisible crimes” of war. Despite receiving growing attention across academic, political, and activist circles, wartime sexual violence remains pervasive in contemporary conflict zones. Against the backdrop of these frequent and recurring violations, this thesis explores the dissonance between high-level rhetorical commitments to preventing and punishing CRSV and on-the-ground realities. What soon emerges is a troubling pattern in which gendered violence—and women’s lived experiences more generally—while increasingly visible in theory, remains marginalised in practice. By investigating …

Land Back To Right Of Return: Proposing Paths Forward In Palestine, Melanie Kallah

CMC Senior Theses

This thesis presents a parallel case study of the settler colonial histories of Canada and Palestine. The Land Back Movement was first analyzed to determine what conditions enabled the success of Indigenous land restitution in Canada. Subsequently, a cross-analysis with Palestine was conducted to ascertain whether the same enabling conditions could facilitate Palestinian land restitution, known as the Right of Return.

Transnational Legal Violence: Undocumented Women V. U.S. Immigration Law, Luis A. Mendoza

CMC Senior Theses

This thesis examines how undocumented women, particularly Latinas, experience "transnational legal violence" within the U.S. immigration system. Transnational legal violence extends the framework of legal violence by identifying how immigration policies weaponize absence and distance across national boundaries, forcing women to choose between physical safety and legal recognition. The thesis is guided by a central question: What immigration system are migrant women, specifically Latinas, responding to?

The analysis rooted in the intersections of gender and citizenship reveals how immigration law remains rooted in coverture traditions that historically rendered immigrant women dependent on male U.S. citizens. For these women, deportation presents …

The Inextricable Link Between Gendered Security And State Stability: Strategic Costs Of U.S. Humanitarian Retrenchment, Kirby Eh Kimball

CMC Senior Theses

This thesis examines the strategic consequences of the 2025 U.S. foreign aid freeze on gendered security in conflict-affected states, focusing on Sudan, Syria, and Ukraine. It argues that gendered security—the protection, empowerment, and rights of women and girls—is not a peripheral humanitarian concern but a foundational determinant of state stability, development, and democratic resilience. Through a qualitative comparative case study methodology, the research synthesizes empirical literature, United Nations reports, human rights documentation, and cross-national statistical analyses to demonstrate how the collapse of gender-focused humanitarian programs following the aid freeze will critically exacerbate conflict-related sexual violence (CRSV), weaken state institutions, and …

Birth On Mother Earth: Mitigating The Maternal Health Crisis, Jill C. Engle

Faculty Scholarship

Maternal health outcomes in the U.S. are remarkably poor, especially when compared to those in other industrialized countries. For example, our maternal death rate is more than twice that of Canada’s. Women of color in the U.S. suffer maternal morbidity and mortality at rates considerably higher than white women. Indigenous women experience the worst maternal health outcomes of all. Yet, most maternal deaths and injuries are preventable. Furthermore, rates of maternal harm, including death, are lower when midwives and similar birthing attendants are involved. This Article is the first to fully explore the unique skillset of traditional birth attendants (TBAs). …

Role Call: Can A Backbench Legislator Practice As A Criminal Defence Lawyer? A Legal Ethics Analysis, Andrew Flavelle Martin, Brandon Trask

Articles, Book Chapters, & Popular Press

Legislators come from a range of backgrounds. Many legislators happen to be lawyers. Parliamentary rules typically allow legislators who are not members of Cabinet to practice a profession part-time. However, the part-time practice of law poses special legal ethics challenges. In this article, we consider the legal ethics issues that arise when a backbench legislator of the governing party practices criminal defence law part-time. We argue that such a dual role engages three serious, unavoidable, and perhaps even unresolvable legal ethics issues. The first issue is the time constraints imposed by outside interests. The second issue is conflicts of interest, …

Sentencing Vulnerability: Conceptualizing The Incorporation Of Personal Characteristics And Experiences At Sentencing, Adelina Iftene

Articles, Book Chapters, & Popular Press

Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a sentence will be experienced by an individual. While Characteristics and Experience-Sensitive Sentencing (CESS) already exists in various forms and to various degrees in sentencing theory and praxis, a more cohesive, comprehensive, and principled CESS remains wanting. Building on existing approaches, this article locates CESS as a necessary response to equality-based concerns arising from current mainstream sentencing practice. Thus, …

“I’M Not Really Sure Of What Exists Here”: Frontline Perspectives On Services For Technology-Facilitated Sexual Violence, Jennifer L. Mcarthur, Kayla J. Goruk, Julie Blais, Alexa Dodge, Suzie Dunn

Articles, Book Chapters, & Popular Press

Technology-facilitated sexual violence (TFSV) is a pervasive issue, yet research on the availability, accessibility, and effectiveness of services for TFSV victimsurvivors remains limited, particularly in Canada. This qualitative study examines the state of service provision for TFSV in Nova Scotia, drawing on insights from 12 interviews with service providers specializing in sexual violence prevention and response. The study explores the availability and nature of services offered to TFSV victim-survivors and the key challenges faced by professionals in providing support. Thematic analysis highlights significant gaps in service provision, including a reliance on generalized approaches, restrictive eligibility criteria that exclude certain victimsurvivors, …