Digital Commons Network^™

Ending The Stigma: Abolishing India’S Marital Rape Exception And Post Abolition Practices, Hibah Hasan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Conceptualising Economic Negative Constitutionalism: A Case Study Of The Israeli Supreme Court, Lilach Litor

Journal of Law and Public Policy

Social rights, such as the right to live with dignity, are included in universal treaties. Nevertheless, many constitutional documents and jurisdictions do not recognize social rights or tend to limit their scope.

The paper discusses this phenomenon in relation to two distinct approaches to constitutionalism—economic negative constitutionalism and positive social constitutionalism. The former tends not to recognize social rights as constitutional rights, while the latter posits that the state is under an obligation to actively recognize their constitutional status and provide wide protection for them. Economic negative constitutionalism could also be characterized as recognizing only a limited scope of social …

Navigating The Tension Between The Rule Of Law And Judicial Discretion Without Robot Judges, Michael H. Simon

Mercer Law Review

The rule of law is a multifaceted concept about which there is no generally accepted understanding of what that phrase precisely means or all that it includes or excludes. It is, however, something that is widely praised and that almost all governments and officials claim to follow. One of the few areas in which there appears to be consensus is that the rule of law requires that like cases be treated alike. When a substantive legal rule directs only one correct answer, it is not difficult to treat like cases alike. There are many disputes, however, that come before trial …

Children, Clicks, And Constitutional Blind Spots: The First Amendment And The Regulation Of Social Media For Minors, Pepper Miller

Mercer Law Review

“A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.” This oft-quoted maxim from Packingham v. North Carolina has become a touchstone for the wave of litigation challenging state laws that restrict minors’ access to social media platforms. But, in the rapidly advancing age of social media, should the principle still stand that all persons, specifically minors, are entitled to unfettered access to such novel spaces where they can speak and listen? Underpinning the discussion of this issue lies “a …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

No More Guessing Games: Rebuilding Clarity In Georgia’S Ante Litem Notice Statute, Ethan Debruicker Terrell

Mercer Law Review

Imagine a child’s shape sorter toy—the kind with square, circle, and triangle-shaped holes and equivalent pegs in the same shapes. The toy forms a foundation in a child’s development because, among other things, it teaches the child to problem-solve by (1) recognizing the problem (different-shaped pegs that must go in the sorter a certain way) and (2) solving it (placing each peg in the correct hole to sort the pegs). For simplicity’s sake, let us imagine the toy only has a square and circle-shaped hole with square and circle-shaped pegs. As the child intuitively learns the “rules” of the toy, …

Criminal Law, Thomas D. Church, Reid M. Koski

Mercer Law Review

This Article provides a tour of the most important criminal law opinions published by the United States Court of Appeals for the Eleventh Circuit in 2025. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from the most noteworthy, published decisions. Section I of this Article addresses rulings specific to substantive offenses such as fraud, drug trafficking, and sex crimes, while Section II covers issues arising under the U.S. Constitution, the Federal Rules of Evidence, and the Federal Rules of Criminal Procedure. Section III deals with the Federal …

Labor And Employment, W. Jonathan Martin Ii

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.

Title Ix Without Tenure: The Eleventh Circuit Bars Sex Discrimination Suits By Educational Employees In Joseph V. Board Of Regents, Lily Kachmar

Mercer Law Review

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In just thirty-seven words, Title IX of the Education Amendments of 1972 ushered in a transformative era of protections for gender equality in higher education. Yet, courts remain split on the overall scope of those protections.

In Joseph v. Board of Regents of the University System of Georgia (“Joseph II”), the United States Court of Appeals for the Eleventh Circuit became the latest …

Betting On The Body: Private Equity Portfolio Funding Of Medical Malpractice Litigation And The Financialization Of Patient Justice, Barry J. Cohen

Journal of Law and Health

Portfolio-level third-party litigation funding in medical malpractice creates conflicts of interest that existing professional responsibility doctrine under Model Rule 1.7 was not designed to address. Unlike single-case consumer funding, which may improve access to justice, portfolio funding aggregates dozens or hundreds of malpractice claims into diversified investment vehicles, optimizing for internal rates of return on the portfolio instead of outcomes for individual plaintiffs. What follows, is the first sustained analysis of this gap.

Drawing on clinical and legal perspectives, the analysis distinguishes a single-case from portfolio funding and identifies four portfolio-specific conflicts under MRPC 1.7: the swing-for-the-fences problem, cross-subsidization, information …

Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

Online Voting: Should Ohio Adopt Online Voting For Voters With Disabilities?, Audrey Mcconihe

Journal of Law and Health

This Note argues that Ohio should implement a limited online voting system for voters with disabilities in order to expand meaningful access to the voting while preserving election integrity. Drawing on the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Voting Rights Act of 1965, and the Help America Vote Act, this Note contends that Ohio’s current absentee voting framework continues to impose substantial barriers on disabled voters by denying many individuals the ability to cast ballots privately, independently, and safely.

The Note examines how the COVID-19 pandemic exposed longstanding deficiencies in American voting infrastructure, particularly for disabled …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Employment Research Newsletter

No abstract provided.

Prinsip Military Necessity Dalam Hukum Internasional Humaniter, Hersapta Mulyono

Jurnal Hukum & Pembangunan

Abstract

Gun Rights And Public Safety: A Constitutional Tension, Kirsten Zonkowski

NSU Undergraduate Law Journal

This paper examines the constitutional tension between gun regulation and the right to bear arms in the United States. By analyzing landmark Supreme Court cases and major legislative developments, tracing the historical foundations of the Second Amendment, exploring judicial interpretations, and identifying ongoing doctrinal challenges, it highlights  the central constitutional conflict: the Second Amendment guarantees an individual right to keep and bear arms, yet that right often clashes with the government’s responsibility to protect citizens and maintain public safety. Courts and legislatures continue to struggle to define the limits of governmental authority without infringing upon fundamental constitutional rights, revealing an …

The Prosecution Of Nicolás Maduro, Jose Manuel Vanegas

NSU Undergraduate Law Journal

This paper examines the complex legal and political issues that came from the capture of Nicolás Maduro by United States authorities, an event that has generated controversy in both domestic and international legal debate. It begins by providing the necessary background of Maduro’s rise to power, his role as president, and the broader political and economic conditions of Venezuela under his administration. The paper then analyzes the criminal charges brought against him in U.S. federal court, including allegations of narco-terrorism, conspiracy to import cocaine, and related offenses tied to alleged collaborations with transnational criminal organizations. Building on this foundation, the …

Property And Social Justice In Thomas Paine’S Agrarian Justice: Revaluating Modern American Property Law, Amanda Infante

NSU Undergraduate Law Journal

This paper critically examines the philosophical core of property law through the lens of Thomas Paine’s Agrarian Justice. Paine challenges the conception of property as a natural right, instead theorizing land ownership as a social construct contingent on communal needs and obligations. This framework is situated as an intellectual precursor to contemporary legal debates regarding the legitimacy and moral limits of private property. The analysis engages with pivotal Supreme Court decisions, including Village of Euclid v. Ambler Realty Co., Penn Central Transportation Co. v. New York City, and Lucas v. South Carolina Coastal Council, to set …

“Supreme Court, Tear Down This Wall!”: Kennedy V. Bremerton School District And The Erosion Of The Barrier Between Church And State, Ari Allon

NSU Undergraduate Law Journal

This Article conducts a critical examination of Kennedy v. Bremerton’s ruling, which replaced the Lemon test with the historical practices and understandings test. Following a brief background on the Religion Clauses’ jurisprudence, the author contests that the historical practices and understandings test fails to adhere to long-held Supreme Court reasoning behind the creation of the Religion Clauses. This new test is likewise an insufficient framework for determining Establishment Clause violations.

The Article continues with an analysis on the conflicting fact patterns between the majority and dissenting opinions of Kennedy v. Bremerton. The author then discusses the precedential impact …

An Investigation Of The Government’S Legal Strategy After Loper Bright, Will Yeatman, Charles Yates

Liberty University Law Review

For forty years, the Chevron “two-step” dominated judicial review of statutory interpretation issues in the administrative law context. Then, in Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference. This Article investigates what comes next. Specifically, we explore how government lawyers have strategized in the wake of Loper Bright. Based on an original dataset of government briefs, we find that the government is advancing at least six substitutes for Chevron deference. Typically, the government combined two or more of these substitutes into an aggregated claim for Chevron-like deference. Our preliminary data suggests that courts have …

Chemical Abortion—A Case Study: How Mifepristone And Loper Bright Raise The Question Of Who Decides, J. Marc Wheat

Liberty University Law Review

No abstract provided.

A New Age Dawns On First Street: The Supreme Court’S Use Of Loper Bright During The October 2024 Term, Ryan P. Mulvey, Michael Pepson

Liberty University Law Review

This Article analyzes the impact of the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron deference and redefined judicial review of legal questions in the administrative-law context. Specifically, the Authors explore how the Court operationalized Loper Bright throughout the October 2024 Term to emphasize the importance of independent, de novo review, as well as the robust use of traditional canons of statutory interpretation to reach the original public meaning of statutes. The Article also explores the implications of the Court’s recent use of Loper Bright for related doctrines like so-called “Skidmore deference,” the …

Legal Conservatism And The Rise And Fall Of Chevron, Ryan Bangert

Liberty University Law Review

Loper Bright Enterprises v. Raimondo marks a watershed moment in administrative law and conservative legal thought by formally overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council and restoring judicial responsibility for resolving questions of statutory interpretation. This Article situates Loper Bright within the longer intellectual history of the modern conservative legal movement, arguing that Chevron deference emerged and was popularized, at least in part, as a conservative response to the perceived excesses of judicial activism during the Warren and Burger Court eras. While Chevron was initially embraced as a doctrine of judicial restraint that respected democratic accountability, it ultimately …

Foreword: Raising Our Voices, Together, Lauren Sudeall

Vanderbilt Social Justice Reporter

No abstract provided.

Let’S Break Chains: Ending Solitary Confinement In Prisons, Charlotte Kim

Vanderbilt Social Justice Reporter

No abstract provided.

Band-Aid Over A Bullet Hole: The Lack Of Mental Health Care In Women’S Prisons And The Culture That Perpetuates It., Deborah, Julie, Karli Tellis, Misty, Olivia Hatch, Sara Manian

Vanderbilt Social Justice Reporter

No abstract provided.

Furtherance Or Failure Of Justice: Felony Murder Framework In Tennessee, Anokhi Patel, Erika, Joelyn Onyekachi, Meleah, Oluwafunmilayo Oguns, Vernice, Erin Melton

Vanderbilt Social Justice Reporter

No abstract provided.

Rehabilitation In Name Only: Structural And Procedural Failures In Tennessee’S Parole System, Laney Quickel, Ashia Davis, Kresha Patel, Michelle, Camillia, Sherra

Vanderbilt Social Justice Reporter

No abstract provided.

The Need For A Sentencing “Second Look” Statute In Tennessee, Alisha, Bershia, Lindsey, Rhyma Asim, Cassandra Berice, Kyle Smith

Vanderbilt Social Justice Reporter

No abstract provided.

Substantive Biases? Analyzing Ideological Bias In Substantive Due Process Claims On The Roberts Court, Nicholas J. Ginsberg

Undergraduate Honors Theses

This thesis examines whether judicial ideology has a stronger influence on Supreme Court decision making in substantive due process claims when compared to other areas of law through the Roberts Court. Previous scholarship has noted that ideology is a factor in judicial decision making, however, there is little scholarship on if specific areas of law makes ideology play a larger factor in decision making. Utilizing justice-level voting records from the Roberts Court and Segal-Cover scores to measure judicial ideology, a logistic regression model is utilized to analyze the relationship between ideology and voting behavior in substantive due process cases and …

Pemisahan Tanggungjawab Direksi Perseroan Terbatas, Freddy Harris

Jurnal Hukum & Pembangunan

Abstract