Digital Commons Network^™

An Exception To Prove The Rule: Rebutting The Presumption Of A Consistent And Definitive Construction, Miles C. Skedsvold

Mercer Law Review

Because the State of Georgia has had ten constitutions since declaring independence from Great Britain, the history of those prior constitutions has a lot to do with understanding the Constitution in force today. In particular, when a provision is carried forward from one constitution to the next without material change, the Supreme Court of Georgia’s decisions interpreting that provision under an earlier constitution can be a key piece of evidence for understanding its meaning in the later one.

The Supreme Court of Georgia calls this piece of the historical inquiry the presumption of a consistent and definitive construction: the provision …

Parameters Winter 2025-26, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2025–26 issue of Parameters. We open with an In Focus commentary: “Responsibly Pursuing Generative Artificial Intelligence (GenAI) for the War Fighter” by A. Blair Wilcox and C. Anthony Pfaff. The issue also features two forums (Indo-Pacific Deterrence and Considerations for Modern Warfare) and the inaugural Strategic Competition Corner.

Rhetorical Strategies In Legal Argument: Their Influence On Judicial Decisions And Public Perception, Olivia Deluca

Honors College Theses

The relationship between rhetoric and law has long been debated by scholars, theorists, and practitioners. This project explores how rhetorical strategies used in judicial writing and legal discourse influence both judicial decision making and public perception of the law. Drawing on classical rhetorical theory, contemporary legal scholarship, and qualitative research, this study investigates how appeals to morality, precedent, and narrative shape legal legitimacy. The research incorporates interviews with legal professionals and textual analysis of landmark U.S. Supreme Court cases to examine how rhetorical language both reflects and constructs legal authority. Findings suggest that rhetoric functions not only as a persuasive …

Betrayal Of Trust, Restoration Of Hope: How To Enforce The Law And Transform The Lives Of Immigrants Ripped Off And Damaged By Bad Lawyers And Scammer Notarios, Vanessa Merton

St. John's Law Review

(Excerpt)

Immigrants seeking lawful status, or otherwise facing denial of entry or deportation, have no right to counsel at government expense. Not even the most sophisticated immigrant can effectively navigate the morass of U.S. immigration law, frequently described by federal judges as “labyrinthine,” “baffling,” “arcane,” and “almost as impenetrable as the Internal Revenue Code.” Competent, ethical representation is essential and, in theory, available from lawyers or accredited representatives. Yet, for most, such representation is shockingly hard to locate and prohibitively expensive. While over 200 nonprofit organizations provide low-cost or free representation to noncitizens, they can assist only a small fraction …

The New Language: Contractual Interpretation In The Age Of Emojis, Kosi Moneke

Bates College Undergraduate Law Review

Since their creation in 1999, emojis have evolved from just playful visual expressions to communicative tools that are increasingly appearing in legal disputes. This paper explores emojis as mediums of legal meaning. It examines how U.S. contract law approaches emojis as evidence of assent, threat, conspiracy, and intent, and how established contractual doctrines have adapted to emojis as tools of expressive communication. Though ambiguous, this paper aims to demonstrate that emojis can be interpreted within existing contractual frameworks.

This paper is structured as follows: it situates emojis as a continuation of contract law's historical engagement with nonverbal assent. It will …

The Arc Of Discharging Student Loans: The Evolution Of The Brunner Standard, Nicholas G. Glover Esq

Bates College Undergraduate Law Review

No abstract provided.

¿Cómo Se Dice, "Liberty And Justice For All Cannot Exist Without Equal Access For All" En Español?, Turner Denise Reynolds

Kentucky Law Journal

No abstract provided.

Filling In The Gaps: How The Equal Employment Opportunity Commission Can Enhance Protections For H-1b Visa Holders, Mahi Patel

Northwestern Journal of Law & Social Policy

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa …

Disclosures, Disclaimers, And Disinformation Advertising, Areeb Asif

Northwestern Journal of Law & Social Policy

Every regular internet user in the United States has been exposed to fake news at some point. Most of them, if not all, would agree that this problem needs a solution. Nevertheless, even as fake news has taken on unforeseen prominence in recent years, very little concrete action has been taken to curb its impact on American society. Some scholars have chalked this up to the Supreme Court’s expansive conception of the First Amendment, which makes it incredibly challenging to regulate political speech. Others posit that the problem is Section 230, which allows platforms to profit from fake news without …

Language Of The Law: Understanding The Impact Of Code-Switching Within Legal Fields Through Legal Blog Analyses, Kira A. Johnson

Honors Program Theses and Research Projects

Code-Switching is a linguistic phenomenon that can occur between different languages, cultures, or dialects. This study focuses on code-switching within the legal field, specifically through an analysis of legal blog websites. Through searching the terms, “code-switching” and “foreign language”, this study will compare legal blog websites in their coverage of the phenomenon. The various websites’ definitions of code-switching, how the topic is written with context, and what implications are suggested in the writing will be considered when crafting a comparative analysis. Individuals who communicate using different languages or dialects depending on situations and interactions are important to understand within the …

“Shaping Academic Teaching At The Crossroads Of Ethics And Artificial Intelligence”, Workshop At Warsaw University Of Technology, Warsaw, 25 September 2024, Julia Braniewska, Bartłomiej Skowron

Yearbook of Antitrust and Regulatory Studies

This document is a report on the workshop, “Shaping Academic Teaching at the Crossroads of Ethics and Artificial Intelligence”, which formed a component of the “Ethics and AI” conference hosted by Warsaw University of Technology.

The Role Of Religion In Ensuring National Security In Kazakhstan, Nurzhan Arystanbekuly Tursin Nur, Mukhan Issakhan, Shamshadin Kerim, Kovalev Dmitriy, Kalimash Begalinova

Occasional Papers on Religion in Eastern Europe

This article explores the foundations of state policy aimed at ensuring religious stability in Kazakhstan. It analyzes the scientific basis of religious studies, principles of tolerance toward the country’s traditional religions, and the role of religion in maintaining national security. The methodology, goals, and objectives of the study are shaped by the interdisciplinary nature of the subject. The research examines state and interfaith relations, the development of freedom of religion, its integration into domestic and international law, and ways of resolving legal contradictions, traditions, and stereotypes. The theoretical framework relies on the works of domestic and foreign scholars devoted to …

Beyond Loper Bright: Iterative Construction At The National Labor Relations Board, Fred B. Jacob, Anne Marie Lofaso

UC Law Journal

“[The agency’s actions] express an intuition of experience which outruns analysis and sums up many unnamed and tangled impressions—impressions which may lie beneath consciousness without losing their worth. The board was created for the purpose of using its judgment and its knowledge.”
- Justice Oliver Wendell Holmes, 1907

Trust matters. In the 1935 National Labor Relations Act, Congress entrusted the heavy responsibility of protecting labor peace to a board of experts and an administrative agency, both steeped with experience in resolving labor disputes and fluent in the science of industrial relations. This was no accident. For decades prior, federal courts …

Beyond Comprehension: Why Tax Code Complexity Necessitates Irs Deference, Doron Narotzki, Tamir Shanan, Julianne Jones, Ori Barel, Yifat G. Ben-Yaakov, Tomer Surujon, Revital Yusupov, Or Haim Anidjar

UC Law Business Journal

This Article argues that deference to Internal Revenue Service (“IRS”) interpretations is essential for the effective interpretation of U.S. federal income tax law due to the technical demands inherent in this uniquely complex area. The U.S. federal income tax code, often considered one of the most intricate legal systems, consists of dense, specialized language, nuanced policy considerations, economic theories, and frequently updated provisions. Judges, as generalists, face a daunting challenge in interpreting this complex, ever-evolving body of law without the specialized expertise that the IRS professionals bring. Frequent amendments further add to this complexity, layering additional provisions that require in-depth …

The Equal Pay Act’S Hidden Loophole: Eliminating Prior Compensation As A “Factor Other Than Sex”, Madeleine Bol

Fordham Law Review

The Equal Pay Act of 1963 (EPA or the “Act”) prohibits employers from engaging in sex-based wage discrimination. The Act includes four exceptions that allow an employer to circumvent liability, the last of which allows for pay disparities when the “differential [is] based on any other factor other than sex.” The language of this exceedingly broad exception raises questions among courts on what “other than sex” entails—specifically, whether a court can rely on an employee’s prior compensation to justify a pay disparity between employees of the opposite sex. This Note examines how federal circuit courts have interpreted this catchall exception. …

What Belongs In A Constitutional Law Casebook?, Ernest A. Young

William & Mary Bill of Rights Journal

This Essay argues that constitutional law cannot (and should not) be an autonomous subject within the legal curriculum. This argument echoes a long-standing debate about whether law itself is an autonomous scholarly discipline. The answer to that question is surely, as Allan Farnsworth put it, “sometimes YES and sometimes NO.” But this Essay does not focus on law’s autonomy from other disciplines, such as political science, psychology, or economics. Rather, I consider the extent to which constitutional law should overlap with other legal subjects, such as legal history, administrative law, or statutory interpretation. My conclusion is that, at least in …

The Pragmatic Mechanisms In King Salman Bin Abdulaziz Al Saud's Discourse: A Pragmatic Analysis Of The Shura Council Speech (Third Year - Eighth Session), Hejab Bin Mohammad Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

This study aims to analyze the royal speech delivered by King Salman bin Abdulaziz Al Saud at the opening of the third year of the eighth session of the Shura Council (1444H), through a pragmatic lens that reveals the underlying structure of political language in the Saudi context. It adopts a pragmatic discourse analysis approach, focusing on speech acts, deixis, presuppositions, implicatures, and argumentation, supported by quantitative representation. The findings indicate the strategic use of pragmatic tools in the speech: seventeen speech acts, fifteen deictic expressions, nine presuppositions, six implicatures, and eleven instances of argumentation. This reflects a deliberate and …

Chatgpt In Teaching English As A Foreign Language: Teacher And Learner Perspectives, Sameiha Alhussain N Khawaji

University of Tabuk Journal for Humanities and Social Sciences

This study investigates ChatGPT as a supplementary tool in English as a Foreign Language (EFL) education through surveys of 150 teachers and 350 learners in Asia, Europe and Latin America. Results show that ChatGPT improves language proficiency by providing personalized feedback, conversational fluency (72% of users reported improvement), writing scores by 22% and vocabulary through contextualized practice. Teachers found it useful for lesson planning and administrative tasks. However, challenges such as plagiarism risks (15% of cases), occasional inaccuracies and cultural insensitivities especially in idiomatic and formal language use require ethical guidelines and human oversight. For example, Asian participants noted mismatches …

Scoring Accuracy And Differential Rater Functioning Of Large Language Models (Llms) In Evaluating Short Student Essays Under Different Conditions: A Simulation Study, Majed Mahmoud Ajoudeh

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to evaluate the accuracy and differential rater functioning (DRF) of LLMs in scoring short essays, based on synthetically generated data of 270 essays with varying quality. The LLMs scored the essays under three prompting conditions: without a rubric, with a brief rubric, and with a detailed rubric. Human benchmark ratings were also generated in comparison with the automated scores. The results showed that using detailed rubric improved accuracy and consistency with human raters. Regression analysis further revealed differential rater functioning: the LLMs were more likely to award higher scores to longer essays, favored indirect writing styles, and …

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …

Feedback Loops: Fly On The Wall, Patrick Barry

Articles

I recently turned to an interesting source to get some feedback on the way I communicate when leading meetings and speaking to large groups: artificial intelligence (AI) tools. Born into a family of fast-talking New Yorkers who don’t always wait for you to finish your thoughts before they jump in with theirs (my mom grew up in Manhattan and my dad grew up in Long Island), I recently realized that I have developed what the linguist Deborah Tannen calls a “high-involvement” conversation style, especially when I take the lead in meetings or teach my classes. I nod as other people …

Advocacy At The Front Door, Tenisha S. Hill

Capstone Projects and Master's Theses

This capstone project examines how integrating social work practices into the jail intake process can strengthen support for clients represented by the Public Defender’s Office. The project focuses on understanding the challenges clients face at the earliest point of contact often marked by trauma, instability, and limited access to services and how a social-work-informed approach can improve outcomes. Through direct observation, interviews with staff, and review of intake procedures, the project identifies key gaps in assessment, communication, and referrals. Findings highlight the need for more holistic intake practices that address clients’ social, mental health, and resource needs alongside their legal …

The Role Of Procedural Due Process In Equal Protection And Affirmative Action Analysis: The Narrowly Tailored Prong, Simona Grossi

UC Law Constitutional Quarterly

The Supreme Court’s decision in Students for Fair Admissions v. Harvard College marked the end of affirmative action as traditionally practiced in higher education admissions, forcing universities to seek alternative legal pathways for fostering diversity. At the same time, the Trump administration’s executive orders targeting DEI initiatives have exacerbated the legal uncertainty, raising critical questions about how institutions can preserve fairness in admissions while withstanding both judicial and political scrutiny.

This article argues that Procedural Due Process—when read in conjunction with Equal Protection—provides a constitutionally sound and structurally fair framework for admissions policies that align with strict scrutiny while preserving …

Conceptual Gerrymandering In Sffa And Some Thoughts On How It Enables The Case’S Weaponization, David Simson

Buffalo Law Review

This Article makes two main contributions at the intersection of Constitutional Law and critical analyses of race and racial (in)equality. First, and more narrowly, the Article provides an in-depth analysis and critique of the Supreme Court’s most recent affirmative action decision in Students for Fair Admission v. Harvard (SFFA), specifically with respect to a crucial aspect of the case that has not been addressed in depth in other scholarship on the decision: how key opinions conceptualize “race” in their reasoning. The Article shows how the SFFA majority opinion and a concurring opinion by Justice Gorsuch incorporate multiple, and inconsistent, understandings …

A Dangerous Challenge To The Constitutionality Of The Felon-In-Possession Statute: United States V. Bullock, Matthew Matherne

MC Law Review

In United States v. Bullock, Judge Carlton Reeves held that the federal felon-in-possession statute was unconstitutional as applied to Mr. Bullock. Although Mr. Bullock had been previously convicted of multiple violent felonies involving a firearm, including one that resulted in the death of an individual, Judge Reeves dismissed the charges because the government failed to establish a historical tradition of prohibiting felons from possessing firearms. Judge Reeves’ determination that § 922(g)(1) is unconstitutional as applied to Mr. Bullock is a decision that is not only “dangerous” to society, but it contradicts the historical tradition of firearm regulation in America. …

The Skepticism Of Critical Legal Studies And The Function Of Moral Discourse, Paul J. Gudel

The University of New Hampshire Law Review

No abstract provided.

Embodied Overcrowding And Sensory Tensions: A Carceral Autoethnography Of Philippine Jails, Dwayne Antojado

Ateneo School of Government Publications

In this paper, I undertake a sensorially oriented autoethnography of two Philippine jails, illuminating the visceral textures of carceral life that conventional sociological or criminological discourses often overlook. Drawing inspiration from Jewkes and Young's (2021) examination of Kyoto Prison, I foreground the overlapping realms of sight, sound, smell, and touch, arguing that incarceration is inherently a profoundly embodied phenomenon. By weaving personal reflections, field observations, and broader scholarly insights, I reveal how overcrowded dormitories, suffocating heat, and lingering bodily odours converge to redefine detainees' spatial, temporal, and psychosocial realities in ways rarely captured by quantitative metrics. While mindful of Nelken's …

Public Defender Discretion, Alma Magaña

Articles

A focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.

This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the …

Abu Hayyan Al-Andalusi's (D.745ah) Methodological Rules In Grammar Lessons, The Term (Correct) In His Book Al-Tadheel Wa Al-Takmeel As A Model, An Analytical Study, Mohammad Abdullah Al-Mazzah

University of Tabuk Journal for Humanities and Social Sciences

This research aims to identify the methodology adopted by Abu Hayyan al-Andalusi in his book "Al-Tadhiyal wa al-Takmil" for correction, through a descriptive and analytical study that traces the mechanisms of correction and weighting in his treatment of grammatical issues, and the extent of his adherence to the methodological controls he set for himself. The research begins with an introduction explaining the importance of the research, its problems and objectives, and previous studies, followed by a preface on the importance of judgmental terms in Arabic grammar. The first section focuses on defining the concepts of "correct" and 'weighting' in grammatical …

A Message Related To The Interpretation Of Verse 21 Of Surat Al-Jathiya, By The Linguistic Scholar And Commentator Shihab Al-Din Ahmad Ibn Umar Al-Khafaji (D. 1069 Ah) - Study And Investigation-, Nawaf Bin Ghadir Bin Nuwayran Al-Tumi Al-Shammari

University of Tabuk Journal for Humanities and Social Sciences

In this research, I studied one of the letters of the scholar Shihab al-Din al-Khafaji (1069 AH), related to the interpretation of verse 21 of Surat al-Jathiya. In it, he - may God have mercy on him - took care to explain the readings and ways of parsing in the verse upon which the meaning depends, and he conveyed the statements of scholars on that, and he was concerned with highlighting the rhetorical aspect of the verse. In my study, I followed the scientific method followed in investigation, and I came out with a number of results, the most important …