Digital Commons Network^™

Democratic Lawyering: Upending The "Hidden Curriculum" To Prepare New Lawyers For A New World, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

Articles

Multiple heightening crises reveal the deficiencies and contradictions of legal education, in particular the values it imparts. Perpetuating myths about U.S. democracy and rule of law, the enduring formalist, liberal legalist cast of law school is increasingly at odds with students’ lived experiences. As liberal democracy and the rule of law falter, no longer is relying on the “hidden curriculum” or the historically nebulous and mythical narratives of the law and our legal system sufficient to prepare tomorrow’s lawyers for the challenges faced by our profession. Instead, with a boost from ABA Standard 303, this article draws on the tradition …

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

Sails Symposium Launch On International Law Scholarship: What We Write, Where We Publish, And Why It Matters, Kathleen Claussen, Melissa J. Durkee, Rebecca Ingber, Steven Arrigg Koh

Faculty Scholarship

Despite the centrality of international law scholarship in international law, little work has been done to understand the contours and forces at work in what international law scholars write, where they publish that work, who reads international law scholarship, and scholarship's relationship to the policy world. For international lawyers, identifying answers to these questions and appreciating the impact of our collective work is essential, particularly at a moment of profound political struggle in communities around the world. We have remarkably few data as to what topics, methodologies, and perspectives of international law scholarship journals and publishers print, by whom, in …

Artificial Intelligence & Defamation Law: An Excuse To Do Away With The Infamously Controversial Section 230?, Kathryn Binder

UC Law Journal

With the growing prevalence of artificial intelligence (AI) in various aspects of our lives, it is not surprising that it has become a subject of legal disputes and controversy. In 2023, an individual filed the first defamation lawsuit against AI company, OpenAI, for its ChatGPT service, leaving many to speculate how the court will proceed. This Note assesses the viability of defamation actions against generative AI platforms and their broader effect on defamation law. Particularly, this Note considers how courts may characterize these platforms and how specific characterizations could further the controversy over an already polarizing and hotly debated piece …

Contract Quality Feature Extraction Using Llm, Aaron C. Washington

Theses and Dissertations

This study explored the potential insights generated from linguistic complexity measurements and large language model (LLM) based assessments on the quality of contract documents. By combining structured True/False prompts with log-probability analysis and ambiguity scoring, the study introduced novel contract-quality assessment methods. Results support a feature-driven approach to contract evaluation, one that offers automated, scalable insights for triaging risk and improving drafting practices. These assessment methods contribute to the growing field of legal natural language processing by offering modular tools for effective contract analysis.

From Contamination To Consequence: Tracing Donna Lake’S Human Environmental History, Dean Kyne

Sociology Faculty Publications

The Donna Reservoir and Canal System (Donna Lake) in Texas has been a persistent source of environmental contamination for over a century, exposing surrounding communities to dangerous levels of polychlorinated biphenyls (PCBs). Originally built for agricultural irrigation, the system became a recreational fishing site before PCB contamination was discovered during public health investigations in the 1990s. This study examines patterns of demographic vulnerability, evaluates remediation efforts by the U.S. Environmental Protection Agency (EPA), and explores residents’ ongoing challenges related to toxic exposure. Using publicly available demographic data, EPA reports, and previous health assessments, the study analyzes variations in community characteristics …

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore

The Journal of Contemporary Legal Issues

Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) …

Current Events In Legal Classrooms: Enhancing Professional Identity Formation, Stevie Leahy

Mercer Law Review

In the Fall of 2023, educators were surveyed on their inclusion of “current events” in classroom spaces (“CE Survey”). The term current events was broadly defined as: “events that are happening in the world, including recent legal decisions (U.S. or global), political events that impact the operation of the legal system, and/or social events that impact your community. This definition is intended to be inclusive.” Based on nearly 100 responses, the results indicate that while the large majority of educators agreed that incorporating current events into instruction is vital, there are still many barriers to responsible inclusion of this type …

Loper Bright And Judicial Review Of Ratemaking, Alison Gocke, Nathaniel Glass

Seton Hall Law Review

No abstract provided.

Loper Bright: Resurrecting Skidmore In A New Era, Bernard W. Bell

Seton Hall Law Review

No abstract provided.

The Servicemembers Civil Relief Act Should Be Updated To Recognize Remote Courtroom Appearances, Hon. William G. Montgomery, Hon. Gerald A. Williams

Texas A&M Law Review

Allowing military members to continue pending civil litigation so that they can focus their attention on warfighting is sound public policy. Most agree we should protect those “who dropped their affairs to answer their country’s call,” and various federal laws have codified that protection for over a century. But what if the civil matter is com- paratively minor or could otherwise be easily resolved? While the Servicemembers Civil Relief Act (“SCRA”) provides essential protections against harassing civil litigation, it should still pro- vide for the ability of deployed personnel to remotely resolve matters. Virtually every military member can easily be …

Oil Exploration In Guyana And Its Impact: A Closer Look At The Labor Sector & The Environmental Policies, Camilla Leonard

Ohio Northern University International Law Journal

No abstract provided.

Why Legalism Failed, Aaron J. Walayat Esq.

Ohio Northern University International Law Journal

No abstract provided.

Law Schools As Anti-Dialogic Spaces, Jennifer M. Cooper

Pace Law Review

Talk is learning’s secret weapon. Yet, talk is chronically undervalued as a learning tool. Dialogic talk, a rigorous, student-centered discursive approach, extends classroom dialogue beyond information exchange to stimulate critical thinking. Talk bolsters thought, generates ideas, expands knowledge, and crystalizes concepts to solidify understanding. Talk powers classroom dialogue through questions, discussion, argument, and interthinking, facilitating the exchange of ideas and information leading to deep learning.

Law school classrooms are paradoxically immersed in talk yet simultaneously anti-dialogic spaces. Despite the Socratic method’s reliance on dialogue, talk in law school is teacher-controlled and interrogative, muting student voices through hierarchical power dynamics.

This …

A Precedential Grand Slam: The Timely Opportunity Before The Supreme Court To Clarify And Reform Obscenity Law, Jordan Wallace

Tulsa Law Review

No abstract provided.

Ukraine-Russia Armed Conflict: Holding The U.N. Security Council Veto-Wielding And Nuclear-Armed Russia Accountable And Upholding International Rule Of Law, Joseph M. Isanga

Tulsa Law Review

No abstract provided.

Immigrants’ Inhumanity To Immigrants: The Failings Of Modern Us Immigration Policies Through The Lens Of Mauritanian Asylum Seekers, Karuna Kayembe

Senior Theses

By analyzing firsthand accounts of Mauritanian migrants gathered at The Migrant Center of St. Francis Church of Assisi, this paper explores the systemic inequities of U.S. immigration law and enforcement, particularly its impact on African migrants. The research argues that these lived experiences expose the disconnect between official narratives of welcoming migrants and the harsh realities of the immigration system, making a case for a more humane and equitable framework. This will be accomplished by first setting the scene on Mauritania and the culture and history that backs up how the migrants act and why they chose America to emigrate. …

The Lre Provision Of Idea's Impact On Deaf Students' Socio-Emotional Satisfaction In K-12th Grade Education, Shealyn Junge

Undergraduate University Honors Capstones

The education of Deaf and Hard of Hearing (DHH) students represents a unique challenge in implementing inclusive practices that balance physical integration with meaningful language and communication access. The Individuals with Disabilities Education Act’s Least Restrictive Environment (LRE) provision reflects a federal commitment to educating students with disabilities alongside their non-disabled peers whenever possible. This mixed-methods study examined how mainstream, co-enrollment settings, and Deaf schools shape the socio-emotional development of DHH students, including those transitioning between settings. While participants across placements reported increasing DHH identity pride, their social experiences diverged markedly: mainstream-educated participants universally reported loneliness by high school. Deaf …

Enhancing Digital Accessibility For Deaf Or Hard Of Hearing Learners- Innovative Strategies For Inclusive Education, Felicia Rutledge Ph.D.

Developmental Disabilities Network Journal

This research-to-practice brief explores innovative strategies to enhance digital accessibility for Deaf or Hard of Hearing (D/HH) learners, focusing on practical applications for inclusive K-12 education. Despite advances in digital learning, D/HH learners face unique barriers due to auditory-centered designs. Accessibility legislation such as the ADA, Section 504, and IDEA mandate educational inclusion for these learners. Key strategies include the integration of assistive technologies (e.g., captioning, ASL video interpretation), the application of the Universal Design for Learning (UDL) 3.0 guidelines, and adherence to WCAG 2.1 principles for accessible content design. The research-to-practice brief provides actionable insights for educators, administrators, and …

Reimagining Law Enforcement Communication With The Black Deaf Community, Jeanelle Francis

Undergraduate University Honors Capstones

Law enforcement’s relationship with the Deaf community, particularly the African American/Black Deaf population, has historically been tense, leading to wrongful arrests, police brutality, and even fatalities. This capstone project examines the barriers to effective interaction between law enforcement and the Deaf community, specifically in first-encounter situations, highlighting the Black Deaf experience. Past research has addressed the language barriers that Deaf individuals face in situations such as traffic stops and legal proceedings. However, it rarely examines the specific experiences of Deaf Black/African American families impacted by police-induced trauma caused by an unfair power dynamic. This project is an exploratory study to …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Catholic University Law Review

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

Artificial Intelligence & Finra Arbitration Awards: Utilizing Ai And Arbitral Analytics To Uncover Finra Arbitration Award Patterns, Benjamin Davies

Arbitration Law Review (2009 - Present)

No abstract provided.

Pragmatics And Textualism, Lawrence B. Solum

Journal of Law and Policy

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via what is called “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is incorrect. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires …

The Embodied Nature Of Representation: Reframing "Best Candidate" Narratives In Supreme Court Nominations, Susan Tanner

ConLawNOW

This Essay explores how discourse surrounding Supreme Court nominations reflects broader societal debates about merit, representation, and inclusion. Through analysis of the controversy surrounding President Biden’s commitment to nominate a Black woman to the Supreme Court, this piece examines three interconnected themes: the embodied nature of representation, the relationship between diversity and judicial legitimacy, and the problematic nature of “best candidate” narratives. It challenges traditional conceptions of merit in judicial nominations and argues for a more nuanced understanding that recognizes the value of diverse lived experiences on the bench.

The Role Of Cyber Threats In Shaping National Security In Iraq, Athraa Mohammed Jaber, Aliaa Hameed Khayon

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Cybersecurity has become one of the most critical issues in our contemporary life due to its direct connection with various sectors of public life, such as politics, economy, security, culture, and others. Most countries rely on cybersecurity to protect their official and non-official institutions, especially their infrastructure. Focusing on cybersecurity and addressing vulnerabilities has become one of the top priorities for national security in any country.

Iraq’s national security suffers from major crises, some stemming from new technological transformations, creating additional security, economic, and social burdens. Cybersecurity has emerged as a modern and vital element of Iraq’s national security framework. …

The Fragmentation And Complexity Of Labour Law, Effective Protections, And Better Work: An Analytical Framework, Dalia Gesualdi-Fecteau, Richard Johnstone, Geneviève Richard

Comparative Labor Law & Policy Journal

Labour law is a fragmented regulatory landscape bringing together multiple legal sources drawn from various areas of law, institutions, and interactions between multiple regulatory tiers and frameworks. This article offers a conceptual and analytical framework for understanding the intricate contemporary structure of labour law and its effectiveness in ensuring the protections it has historically been intended to provide. The article considers four types of legal fragmentation — temporal, vertical, horizontal, and institutional — distinguished by character and effect. The fragmented architecture of legal regulation leads, unsurprisingly, to complexity. The article puts forward an analytical approach that assesses how labour law’s …

Seeing The Bigger Picture: A Comparative Approach To English Language Learner Policy And Practice In Mississippi, Anne Haughton

Honors Theses

As the number of English Language Learners (ELLs) in Mississippi’s public schools continues to rise, the state’s current systems of support have been lagging. This thesis examines how English Language Learners (ELLs) are supported in three states with distinct policies and programs: California, Texas, and Arizona. Then, these approaches are compared to the current situation in Mississippi. Using public education policies, state department guidelines, and existing research on instructional models, the study highlights key differences in program options, teacher preparation, and graduation outcomes in each state. The findings show that while states like California and Texas have invested in bilingualism …

Ai Inventorship: Recognizing The True Inventors Requires Change, Nicholas Scambia

St. John's Law Review

(Excerpt)

The Analytical Engine was conceived almost two hundred years ago—a general-purpose programmable computing engine which had essential features resembling a modern-day computer. While truly a marvel for its time, the Analytical Engine lacked the ability to perform functions on its own, as it was only able to do tasks for which it was programmed.

Today, artificial intelligence (“AI”) has become increasingly popular and powerful and is projected to keep growing. AI demonstrated its autonomous strength to the whole world on national TV when IBM’s Watson competed on Jeopardy!, beating the game show’s legends Ken Jennings and Brad Rutter. Since …