Digital Commons Network^™

The Long-Term Psychological Effects Of Violent Crime On Victims: A Review Of Evidence And Supportive Interventions, Jayden E. Oleksyn-Lamb

Graduate Theses/Dissertations

This study utilizes anonymous survey data collected from 26 mental health professionals in various regions of Canada to understand which psychological disturbances are the most prevalent among victims of violent crime as well as which psychological interventions are most beneficial for treating violent crime victims. The data revealed that Post-Traumatic Stress Disorder (PTSD), Major Depressive Disorder (MDD), Generalized Anxiety Disorder (GAD), anger, guilt, self-blame, and shame are each highly prevalent. Findings also revealed that certain therapeutic methods including Eye Movement Desensitization Reprocessing (EMDR), Supportive Counselling (SC), Progressive Relaxation (PR), Cognitive Reprocessing Therapy (CPT) and Cognitive Restructuring (CR) are associated with …

Exposed! Students’ Personal Reproductive Healthcare Information, Janet Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Unveiling Trauma And Seeking Justice: Exploring Mass Atrocities Against Tamils Through The Lens Of Religion, Culture, And Global Justice, Arrabe Vigneswaran

Theses and Dissertations (Comprehensive)

This paper examines the mass atrocities committed against the Tamil population in Sri Lanka, analyzing them through the interconnected lenses of religion, culture, and global justice. It explores how Sinhalese-Buddhist nationalism, codified through legal and constitutional mechanisms such as the Sinhala Only Act and state-sponsored cultural erasure, facilitated the systemic marginalization, displacement, and dehumanization of Tamils. The study investigates the legal, political, and cultural underpinnings of these acts ranging from war crimes and ethnic cleansing to potential genocide while assessing the reluctance of both domestic and international actors to enforce meaningful accountability. Drawing on hybrid court models, transitional justice theories, …

The Federal Government Cannot Prohibit The Exercise Of A Core State Sovereign Function: Haaland V. Brackeen And Expanding The Anticommandeering Doctrine, George Bach

UC Law Constitutional Quarterly

The Tenth Amendment’s anticommandeering doctrine limits the ability of the federal government to issue directives to state legislative bodies and executive officials. While the Supreme Court’s path through the Tenth Amendment has been less than direct, New York v. United States and United States v. Printz clarified that the federal government cannot “commandeer” state legislatures or executives to implement federal policy. While the core of the Court’s approach to anticommandeering remains focused on halting congressional efforts to press state agents into implementing federal regulatory programs, the Haaland v. Brackeen decision may be read to expand the anticommandeering principle. That is, …

Benefits Washing, Samantha Prince

Faculty Scholarly Works

Employee benefits often comprise between 24% and 26% of an employee’s total compensation. As such, it is important that people know what benefits companies actually offer. Unfortunately, instead of being transparent, numerous companies engage in what this author calls “benefits washing.” Benefits washing occurs when companies provide vague or misleading information about their employee benefits in an effort to make their benefits appear better than they are. The practice occurs in three primary ways: detail omission, attention deflection, and deceptive manipulation.

This Essay elaborates on what constitutes benefits washing. It presents numerous examples of America’s largest employers engaging in benefits …

Teaching Client Counseling In The Shadow Of Homelessness, Gregory Zlotnick

Faculty Articles

Working with clients at risk of or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity-with its capacities and limitations and critical counseling skills. This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of or experiencing, homelessness.

After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling …

Liberty Before Party: The Courts As Transpartisan Defenders Of Freedom, Yunsieg P. Kim

Hofstra Law Faculty Scholarship

Like many legislative acts in the United States, election laws are subject to judicial review, often by unelected judges with life tenure. This precipitates what Jacob Eisler calls the counterpopular dilemma. If the laws governing self-rule are dictated by courts that are unaccountable to the people—in the case of Article III judges, by design—they intrude upon democratic autonomy. But without arbiters who are resistant to popular pressure, elections can end up facilitating a mob rule or a tyranny in democratic disguise by enabling elites to manipulate democratic procedures for their own political gain. How, then, can judicial review of election …

The Reasonable Pregnant Worker, Madeleine Gyory

Hofstra Law Faculty Scholarship

Pregnant workers often need changes to their work responsibilities to stay healthy during pregnancy while earning a paycheck. Congress passed the Pregnant Workers Fairness Act (PWFA) in December 2022, entitling many workers for the first time to “reasonable accommodations” for their pregnancy, childbirth, and related medical conditions—so long as they do not impose an “undue hardship” on their employer. The PWFA dictates that the law’s key terms, “reasonable accommodation” and “undue hardship,” should be construed as they are under the Americans with Disabilities Act (ADA), ADA caselaw, and PWFA regulations issued by the Equal Employment Opportunity Commission (EEOC) in April …

Education Is Not A Commodity - It Is A Human Right, Barbara Stark

Hofstra Law Faculty Scholarship

America has embraced neoliberalism, and virtually everything that is tangible-and much that is not-has been commodified. Natural resources once thought of as 'free,' such as water, have been packaged and branded. 'Value' is routinely conflated with 'cost.' This article explains why education should not be regarded as a commodity, but as an internationally recognized human right. Like the right to free speech, it should be free and meaningful. It should be a national priority. The United States does not recognize education as a human right. If it did, public education in this country would probably be in better shape. Equally …

Free Speech And Incorporation: A Reassessment, Ilan Wurman

Articles

Many of the Supreme Court’s most controversial free speech decisions involve state laws. In Gitlow v. New York, the Court assumed that the First Amendment’s guarantee of freedom of speech applied directly against the states via the Fourteenth Amendment, a doctrine today referred to as incorporation. Yet there is reason to doubt incorporation is correct as a matter of the original meaning of the Fourteenth Amendment. Indeed, much of the historical evidence involves debates over the freedom of speech, but none of the historical actors seemed to think the First Amendment applied against the states. This short essay evaluates the …

Harmonizing Delegation And Deference After Loper Bright, Kristin Hickman, Amy J. Wildermuth

Articles

By overturning Chevron, the Supreme Court's Loper Bright decision clearly changed the way in which courts must approach agency actions interpreting statutes. But Loper Bright stopped well short of declaring that courts should always ignore agency interpretations and only interpret statutes using their independent judgment. In two critical paragraphs, the Court acknowledged that some statutory provisions delegate discretionary authority to agencies counseled a more restrained judicial review for reasoned decisionmaking when agencies exercise such power. But, whereas Chevron focused nearly exclusively on the statutory word or phrase that an agency was endeavoring to interpret and implement, Loper Bright shifts …

How And Why Western Europe Avoided Mass Incarceration, Michael Tonry

Articles

Western Europe knows not “mass incarceration.” Scholars and professionals worried, as crime rates rose for two decades through the 1990s, that America’s imprisonment boom portended something similar. That was avoided, partly by adoption of American innovations intended to divert people from prosecution or imprisonment. Sometimes policy transfer succeeds. Prosecutorial diversion programs, pioneered in New York and Washington, DC, in the 1960s and later adopted in many places, soon languished. European equivalents were widely adopted or expanded beginning in the 1970s and remain in extensive use. The prison alternatives trajectory is similar. Community service, restitution, victim-offender mediation, and electronic monitoring all …

The New Substantive Due Process, Leah M. Litman

Articles

After the Supreme Court overruled Roe v. Wade, commentators made much about the possible demise of substantive due process—the idea that the Constitution safeguards certain substantive liberties that are not specifically or explicitly spelled out in the Constitution. Judges and scholars are debating which substantive due process decisions are next on the chopping block and whether the entire domain of substantive due process is in jeopardy. But a curious thing happened as the Court scaled back and openly questioned the traditional individual-rights line of substantive due process: Rather than eliminating it entirely, the Court seems to have transposed it elsewhere. …

Physicists As Environmental Experts, Rachel Rothschild

Articles

The question of which scientists are qualified to provide expert guidance in legal controversies is a perennial debate among scholars, judges, and lawyers. Scientists who participate in legal disputes can achieve enormous power and influence, not only over the case at hand but over long-term developments in legal doctrine. While these issues arise in many areas of the law, environmental litigation has been a particularly active site of contestations over epistemic authority. Courts have frequently relied on scientists to understand whether the government is justified in regulating pollution and who may be liable for environmental and public health harms.

This …

Perception Pending: What Do Patents Signal To Consumers?, Alexander Billy, Neel Sukhatme

Articles

Patent law encourages inventors to label their products as “patented,” to mark their legal status and potentially secure monetary damages from infringing competitors. We examine whether such labels might have a separate and direct impact on consumers, by affecting how they view patented products and influencing what they purchase. We develop and conduct two experiments to isolate the impact of patent status on consumer behavior. In an online randomized experiment, we demonstrate how increasing the salience of patent status heightens consumers' beliefs that products are innovative and well made. We also reveal consumers' surprisingly sophisticated understanding of the patenting process …

Corporate Tax: Best Tool For Taxation's Regulation Goal, Reuven S. Avi-Yonah

Articles

In this installment of Reflections With Reuven Avi-Yonah, Avi-Yonah explains the three primary goals of taxation — revenue, redistribution, and regulation — and shows how VAT, the individual tax, and the corporate tax each uniquely match one of the goals. On January 20 President Trump signed two executive orders related to international taxation, marking a sharp policy shift from the prior administration. The first renounced any prior U.S. commitments to the OECD/inclusive framework global anti-base-erosion (GLOBE) project, stating that “the Global Tax Deal has no force or effect in the United States.” The order argued that the GLOBE project infringed …

Do Specialized Medical Llms Demand A Radically New Approach Under The Eu's Medical Device Regulation, Hannah Louise Smith, W. Nicholson Price Ii

Articles

We examine the arguments made by Onitiu and colleagues concerning the need to adopt a “backward-walking logic” to manage the risks arising from the use of Large Language Models (LLMs) adapted for a medical purpose. We examine what lessons can be learned from existing multi-use technologies and applied to specialized LLMs, notwithstanding their novelty, and explore the appropriate respective roles of device providers and regulators within the ecosystem of technological oversight.

Boden Lecture: Taxation Of Autonomous Artificial Intelligence, Reuven S. Avi-Yonah, Lucas Brasil Salama, Herbert Snitz, W. Robert Thomas

Articles

This Article proposes that tax can be a useful supplement to other measures to regulate Autonomous Artificial Intelligence (AAI) and limit its potential harmful effects. This proposal differs from command-and-control regulation of AAI along the lines of European Union legislation that may unduly limit the development of AAI. It also differs from existing proposals to tax AAI to generate revenue to help workers displaced by AAI programs, or to tax the data used by AAI The proposal is based on granting AAI programs like ChatGPT separate legal personhood, like corporate personhood, while incentivizing or requiring their corporate owner to place …

Neo-Brandeis Goes To Washington: A Provisional Assessment Of The Biden Administration’S Antitrust Record, Daniel A. Crane

Articles

In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) Antitrust Division Assistant Attorney General (“AAG”) Jonathan Kanter, and Special Assistant to the President for Technology and Competition Policy in the White House Tim Wu—were self-identified neo-Brandeisians, committed to returning antitrust policy to a contemporary version of Justice Louis Brandeis’s ideas. At the urging of Senator Elizabeth Warren, President Biden turned over his Administration’s antitrust policy to the neo-Brandeisians, who vowed to break antitrust’s …

Statutory Liquidation, Daniel Deacon

Articles

When might practice by the political branches settle the meaning of legal text? That question has mostly been taken up in the constitutional setting, with one strand of scholarship taking inspiration from Madison's statement in Federalist No. 37, that "{a}ll new laws ... are considered as more or less obscure and equivocal until their meaning be liquidated and ascertained by a series ef particular discussions and aqjudications." The prospect that post-enactment practice might liquidate the meaning of statutory text has been comparatively underexamined. That's not surprising. Under modern textualism, post-enactment considerations would seem to have little place. And under Chevron …

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

Articles

For the first time in decades, electricity demand in the United States is increasing due to the growth of data centers to power artificial intelligence, new manufacturing hubs, and transportation electrification. At the same time, coalfired power plants have been closing in response to competition from lower cost natural gas and renewable energy. Clean energy is being rapidly deployed to replace fossil fuels but not quickly enough to address concerns about demand growth and grid reliability. Accordingly, there is a growing imbalance between electricity supply and demand in many regions of the country that threatens to increase electricity prices and …

Reckoning With Social Policy In Utility Regulation, Alexandra B. Klass, Gabriel Chan

Articles

State public utility regulation in the energy sector is undergoing a rapid transformation driven by public and private investment in clean energy deployment, the corresponding threat to incumbent fossil fuel interests, and growing demands for energy justice. This transformation will impact many aspects of societal well-being—from energy insecurity in disadvantaged communities to dramatic shifts in energy-sector employment—so it is unsurprising that public utility commissions would engage with social policy concerns. However, for decades, state courts and utility stakeholders have admonished commissions that they are economic regulators and that their jurisdiction does not include social policy. This Article shows that state …

The European Health Data Space As A Compass For Academic/Industry Collaborations, Gabriela Lenarczyk, Hannah Louise Smith, W. Nicholson Price Ii

Articles

Against the backdrop of a deepening funding crisis for academic research in the US, how and when can closer relationships between academia and industry better support the research enterprise? Spector-Bagdady (2025) explores this potential response, bringing insight from genetic data sharing between academia and industry—and the benefits and challenges that arise from that sharing. She calls for a response that aligns academic institutional policy to support the realization of any public good, recognizing the pitfalls and problematic incentives that shape individual responses. It’s a timely call, and an attractive one in a time of urgent uncertainty about funding and support. …

The Future Of Ai Regulation In Drug Development: A Comparative Analysis, Gabriela Lenarczyk, Timo Minssen, W. Nicholson Price Ii, Arti Rai

Articles

As artificial intelligence (AI) transforms drug development, regulatory frameworks are evolving to oversee its implementation, particularly at the US Food and Drug Administration (FDA) and the European Medicines Agency (EMA). This paper makes three contributions to understanding emerging regulatory approaches. First, we offer a comparative analysis of how these agencies have responded to AI-driven advances, incorporating new US executive orders and the European Union (EU)’s AI Act. Second, we propose a novel analytical framework to understand regulatory divergence: the FDA’s flexible, dialog-driven model contrasts with the EMA’s structured, risk-tiered approach, reflecting broader institutional and political-economic differences. While the former encourages …

Fletcher's Uncertainty Principle, Matthew L.M. Fletcher

Articles

am here to talk about the equal protection challenges facing Indian Country. I am going to give you my thesis right off the bat, which is that Haaland v. Brackeen decided the equal protection issue for us already, and we should behave as if it is decided.

I will explain what I mean by that. But first, let’s talk about what we will call the Mancari rule. The Mancari rule is fundamentally what Indian law is about, and it goes something like this—I am going to more or less paraphrase the guiding principle of Morton v. Mancari from 1974. Any …

Nanaboozhoo And Derrick Bell Go For A Walk, Matthew L.M. Fletcher

Articles

When the Anishinaabeg were new to Anishinaabewaki, they knew little about how to fend for themselves. The animals and plants took pity on them and taught the Anishinaabeg. One winter, as the food stores of the Anishinaabeg were running out, an ininaatig (maple tree) saw an Anishinaabe innini (man) weakly scavenge for food. The ininaatig decided to offer part of itself to the Anishinaabeg. The ininaatig told the innini to cut off a branch. Ininaatigwabo, delicious, thick maple syrup, oozed from the stump. There was enough to feed the innini for many days. And there were many, many ininaatigoog …

The Sovereignty Problem In Federal Indian Law, Matthew L.M. Fletcher

Articles

There is a sovereignty problem in federal Indian law-namely, that the federal government's sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian claims go nowhere as the judiciary defers to the interests of the United States, even where Congress has expressly stated its support for tribal interests. Conversely, tribal judiciaries allow claims to proceed to the merits, invoking customary and traditional law to hold tribal governments accountable.

Sovereignty theory helps to explain why justice can be done in one court system but not another. But federal, state, and tribal …

Social Data's Role In Law And Political Economy, Salome Viljoen

Book Chapters

Over the past several years, the digital economy has been a notable uptick in interest from scholars across areas of law. This should come as no surprise. The digital economy encompasses some of the largest companies in the world, whose business models pioneer and spread new strategies to concentrate private power across the political economy more broadly. Digital companies have transformed commercial and social life, and they raise problems of concentrated private power. They are also charged with a slew of downstream disruptions resulting from collective pursuit of that power: global, social, and interpersonal forms of dislocation, oppression, impoverishment, alienation, …

Business Law In The Ring: Nevada's Rebel Rules Versus Delaware's Corporate Crown, Kalin Sokell, Collin Weires

Nevada Law Journal Forum

This White Paper will begin with an analysis of specialized courts, starting with the Delaware Court of Chancery. It will then compare Delaware’s courts with the business courts in Texas and Nevada and will provide a detailed implementation plan for a specialized business court in Nevada. Next, this White Paper will address the differences between the corporate laws in Nevada and Delaware, including the benefits of incorporating in Nevada versus Delaware. The White Paper will then briefly discuss the proposed general jurisdiction bill in Nevada, and why it ultimately failed. Finally, this White Paper will end with remarks on where …

Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes

Cornell Law Faculty Publications

The right to strike is fundamental to the development and maintenance of democratic forms of government. In struggles to construct and defend democratic regimes, strikes, including general strikes, are often an important weapon. In established democracies, the right to strike can aid the spread of democratic decision-making in workplaces and the wider economy, serving indirectly to strengthen participation and confidence in political processes and institutions. And it can underpin systems of collective bargaining that function to narrow income and wealth inequalities, in a manner that is conducive, if not necessary, to the maintenance of democratic government. Wherever the right to …