Digital Commons Network^™

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

Agency Fact-Making, Haiyun Damon-Feng

Articles

Modern administrative-law scholarship, theory, and doctrine generally conceptualize agencies as engaging in three primary functions: rulemaking, enforcement, and adjudication. This understanding of agencies has informed deep debates surrounding the power, independence, and constitutional legitimacy of the administrative state. But the prevailing account is incomplete. It overlooks a fourth core function of the administrative state: its fact-making, or epistemic, function. Across the administrative state, agencies create and disseminate information in ways that are uniquely comprehensive and uniquely powerful. Agencies’ epistemic outputs include the census generated by the Census Bureau, repositories of public-health information maintained by the Centers for Disease Control and …

Upr Report Submissions: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dàvila A., Lauren E. Bartlett

Faculty White Papers

This unofficial summary compiles information from reports submitted by civil society and others for the Fourth Cycle of the Universal Periodic Review of the United States.

The authors reviewed the submissions, which are reports from civil society and others, and grouped issues thematically, using the 2020 UPR themes and recommendations as the organizing framework. Within each theme, the authors synthesized recurring issues, patterns, and concerns identified across multiple submissions. For each issue, the unofficial summary follows a structured approach that presents international obligations first, followed by United States domestic law, and then facts drawn from the submissions. However, where reports …

The Constitutional Penumbras Of Home Rights, Gerald S. Dickinson

William & Mary Bill of Rights Journal

Justice William Douglas’s famous parable in Griswold v. Connecticut argued that the Bill of Rights contains penumbras—implied zones of privacy protections— that emanate from the First, Third, Fourth, and Fifth Amendments. His penumbral conception of privacy rights has sparked extensive debate among legal scholars, reflecting both its influence and its ongoing controversy. Yet, there is more to Justice Douglas’s penumbra story to explore. In expounding on his privacy innovations in Griswold, Justice Douglas explained that the Fourth and Fifth Amendments protect against all governmental invasions of the sanctity of a man’s home and the privacies of life. Indeed, the …

Locked And Unloaded: The Constitutional And Empirical Case For Firearm Safe Storage Advisories, Hillel Y. Levin, Kay L. Levine

William & Mary Bill of Rights Journal

Constitutional law haunts our efforts to reduce the number of firearm deaths each year. But even with the evolving scope of individual rights, sensible regulation remains possible.

This Article proposes one such regulatory tool. State governments legally can and pragmatically should require firearm sellers to advise their customers of the association between improper gun storage and the risk of accidental death and suicide. Mandatory safe storage advisories implicate two strands of constitutional jurisprudence: the First Amendment’s protection against compelled speech and the Second Amendment’s right to bear arms. While the Supreme Court has strengthened both doctrines in recent years, jurisdictions …

The Constitutional Future Of Trademark Tarnishment, Jake Linford

William & Mary Bill of Rights Journal

This Article is the first to examine whether trademark anti-tarnishment laws should be deemed constitutional after the Supreme Court’s 2024 decision in Vidal v. Elster. Anti-tarnishment laws protect famous brands from uses that could damage their reputation, even when consumers are not confused about who makes the tarnishing product.

The Supreme Court recently declared some trademark registration restrictions unconstitutional in Matal v. Tam and Iancu v. Brunetti. In these cases, the Court struck down federal laws that prevented registration of “disparaging” trademarks and “scandalous or immoral” trademarks because they categorized the registration bars as unconstitutional viewpoint-based restrictions. These …

The Role And Professional Obligations Of Crown Attorneys In Disposition Hearings For Not Criminally Responsible Accused At Provincial Review Boards, Andrew Flavelle Martin

Dalhousie Law Journal

Crown attorneys perform several different roles, each accompanied by a set of professional obligations. R v Boucher makes it clear that the role and professional obligations of the Crown attorney at trial are to pursue justice, not to win. Much less clear are the role and professional obligations of Crown attorneys at review board disposition hearings for not criminally responsible (NCR) accused under Part XX.1 of the Criminal Code. In this article, I do two things. First, I canvass and synthesize the case law, legislative proceedings, and literature to identify the correct role of Crown attorneys at disposition hearings. I …

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

Articles

This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

Overview: Neuroscience And The Law, John M. Conley, Rami Major

North Carolina Law Review

No abstract provided.

Off-Label Neuroimaging, Jane Campbell Moriarty

North Carolina Law Review

No abstract provided.

Neural Implants: The Promise, Peril, And Regulatory Challenges, Richard S. Saver, Jeffrey L. Saver

North Carolina Law Review

No abstract provided.

Legal And Regulatory Considerations For Post-Trial Access To Maintenance Of Beneficial Investigational Neural Devices, Alexandra L. Foulkes, Erika Versalovic, Amanda R. Merner, Gabriel Lázaro-Muñoz

North Carolina Law Review

No abstract provided.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

North Carolina Law Review

No abstract provided.

Immigration Related Stress As A Social Determinants Of Health Among Immigrants In Santa Cruz County, Jose Manuel Martinez

Capstone Projects and Master's Theses

Immigration related stress is a major public health issue for undocumented immigrants and mixed status families. That is linked towards the social determinants of health associated with mental health, stress, and disparities. This capstone project was implemented at Santa Cruz County Immigration Project, a program within the Community Action Board in Watsonville, California, that provides legal assistance and support towards the community. The purpose of this project was to evaluate & analyze collected data from clients feedback through bilingual surveys & intake forms that were distributed in person, email, text, and QR code. A total of 50 surveys were collected, …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

Fixing Wages In The Name Of Training: Residency Programs And The Forgotten Antitrust Question, Yousef Ziyadi

Barry Law Review

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

"Death Without A Funeral", Holly Prince

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Power And Peril Of The Aca’S Universality At Fifteen, Nicole Huberfeld

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 50, No. 1 2026

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Putting Labour Law To Work: Imperative Of Race Conscious Labour Law, Harshini Arumugam

Dalhousie Law Journal

History shows that race and labour are deeply connected in Canada. For the labour movement to advance racial equality, it must contend with this reality. Through a critical race analysis, this paper examines how race-evasive approaches in labour laws and practices have contributed to systemic racial inequality. It argues that race-conscious strategies are essential for addressing the specific experiences and needs of racialized workers. By leveraging existing legal tools and intentionally incorporating race-conscious approaches into areas such as collective bargaining, the collective agreement, and the duty of fair representation, labour law can be a powerful mechanism for achieving racial justice …

Functus Officio And The No Surprises Act: A Necessary Departure From Strict Finality, Claudia Hernandez

Arbitration Law Review (2009 - Present)

No abstract provided.

Bridging Theory And Practice: A Review Of Sovereign Immunity From Execution And International Arbitration By Ylli Dautaj, Taimoor R. Sultan

Arbitration Law Review (2009 - Present)

No abstract provided.

Unconscionability In Consumer Arbitration: Interpreting Heckman V. Live Nation And Its Impact On Mass Arbitration, Taylor E. Crowley

Arbitration Law Review (2009 - Present)

No abstract provided.

The Affordable Care Act At 15: The Struggle For The Soul Of Healthcare Through America’S Modern Super-Statute, Abbe Gluck

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

What We Can Glean From The Book Of Ruth: A Novel Approach To Keeping The Schoolhouse Doors Open To All Children, Summer Basham Todd

Vanderbilt Social Justice Reporter

No abstract provided.

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Reckitt-Benckiser And Buprenorphine: Opioid Addiction Treatment, Drug Monopolies, And Consumer Implications, Peri G. Heyen

Theses/Capstones/Creative Projects

The opioid crisis in the United States is a deadly epidemic that demands fair and accessible treatment for those affected. The introduction of buprenorphine for opioid addiction disorder in 2002 allowed for the first treatment of the disorder beyond the time intensive and stigmatized practices of methadone clinics, which proved to be revolutionary. Reckitt-Benckiser (“Reckitt”) and former subsidiary Indivior were able to gain a legal monopoly of buprenorphine through their orphan drug exclusivity designation on Suboxone tablets that was approved by the FDA. Once orphan drug exclusivity was near expiration and generic competition began to prepare to enter the market, …

The Supreme Court, Regime Politics, And Federalism: From The New Deal To The Trump Era, J. Mitchell Pickerill, Lilly A. Pickerill

Northern Illinois University Law Review

In the 1990s, the conservative majority on the Rehnquist Court championed state sovereignty and autonomy in a series of cases some commentators dubbed a “federalism revolution.” The Supreme Court crafted constitutional doctrines under the Commerce Clause, Tenth and Eleventh Amendments, and Section Five of the Fourteenth Amendment that limited federal powers while protecting or bolstering state powers. The Court’s doctrines in those cases diverged from its approach to constitutional federalism since the New Deal in the 1930s, but it tracked with the conservative Republican political agenda promoting a “new federalism” going back to Presidents Nixon and Reagan. However, as the …