Digital Commons Network^™

The Unremarked: A Cultural Analysis On Access To Applied Behavior Analysis Therapy For Autism By Ethnic-Minority And Immigrant Children, Yamel C. Herrera

The Scholar: St. Mary's Law Review on Race and Social Justice

No abstract provided.

Fetal Personhood And Access To Reproductive Rights: Power And Precarity In Post-Roe America, Jainab Banu

Journal of International Women's Studies

This paper delves into the concept of “fetal personhood” and dissects how lawmakers systematically deploy rhetorical agency in policy to draw demarcating lines between demographic groups in post-Roe America. After abortion was legalized in 1973, the number of women opting for abortion rose significantly. Even after legalization, however, underrepresented and marginalized women struggled to access safe and high-quality healthcare, and many of them risked self-induced abortions. Since Roe v. Wade was overturned in 2022, women with financial affluence can still travel to states where abortion is not banned to access their reproductive rights; however, women with low income may not …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

Articles

The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

Doing More, Doing Better? A Critique Of The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

Journal of Law and Social Policy

Canada stands on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper we critically evaluate this development, drawing out lessons from past criminalization efforts and in particular, their impact on Black women and their communities. Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by its proponents. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization–harms that manifest not only in the criminal law sphere but in child welfare …

Models Of Judicial Interpretation: From Marshall To Kavanaugh And How The Umpire Model Changed The Game, Beau Sullivan

Ohio Northern University Law Review

The three predominant modes of judicial interpretation are living constitutionalism, originalism, and the umpire model. The living constitutionalist believes the Constitution is a living document that must change and adapt over time. The living constitutionalist considers the history, text, precedent, and policy when deciding a case. This is in contrast to the originalist, who considers the history and text of the document when deciding a case. The originalist favors judicial restraint and seeks to limit the role of the judge. The devotee of the umpire model champions the independent judge whose function is to the law and does not consider …

Fair Notice Is A Sociopolitical Choice, Alexander Zhang

Duke Law Journal

This Article reframes a deadlocked debate about “fair notice” as a justification for statutory interpretation methods by developing a historical account of a crucial, overlooked dimension: legislatures’ and laypeople’s value judgments about notice. On one side of the debate are idealists who contend, on due process grounds, that judges should embrace interpretive methods and theories based on how well they promote fair notice. On the other side are realists who counter, on empirical grounds, that perfect notice is impossible. Each side continues to talk past the other because we lack a fleshed-out framework for evaluating when the fair-notice basis of …

What The Hell Is The Major Questions Doctrine?, Jack M. Beermann

Faculty Scholarship

Anita S. Krishnakumar, What the New Major Questions Doctrine Is Not, 92 Geo. Wash. L. Rev. 1117 (2024).

When the sun sets in New York City, it rises in Tokyo. Okay, maybe not exactly, but you get the idea: setting somewhere, rising somewhere else. Now substitute Chevron for N.Y.C. and the Major Questions Doctrine for Tokyo. For the past forty years, administrative law scholars have been arguing over Chevron, and now that the sun has set on that doctrine, it’s time to turn our attention to the new rising sun, the Major Questions Doctrine (“MQD”). The sudden emergence …

In Defense Of The Major Questions Doctrine, Louis J. Capozzi Iii

Notre Dame Law Review

The major questions doctrine, which requires agencies claiming important powers to identify clear authority from Congress, is transforming administrative law. Breaking with recent practice, the doctrine prevents the executive branch from issuing laws addressing pressing, novel issues without Congress’s affirmative consent.

In response, scholars have generally criticized the doctrine and questioned its legitimacy. Critics have alleged that the doctrine was fabricated by the Supreme Court without proper justification, is incapable of principled application, frustrates the intent of past Congresses to delegate broad power to agencies, aggrandizes judicial power, and hinders desirable executive branch lawmaking.

This Article disagrees with those criticisms …

Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

The Puzzling Persistence Of Nature’S Rights, Sam Bookman

Utah Law Review

The American experience of rights of Nature—the legal recognition of the rights and personhood of natural phenomena—presents a puzzle. On the one hand, no court has ever recognized such rights. Rights of Nature laws are routinely struck down and have proven impossible to enforce. On the other hand, dozens of communities, including municipalities and Native American tribes, continue to enforce them while scholars debate them endlessly. Why do rights of Nature persist?

Through analysis of 119 laws and 32 interviews with rights of Nature activists, I offer the first empirically-grounded answer to this question. Rights of Nature persist because of …

Biomanipulation, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Scientific and technological advances in the latter part of the twentieth century transformed the field of biometrics. Carleton Simon, for instance, first postulated using retinal vasculature for biometric identification in 1935, but it was not until forty years later that an Eyedentify patent brought the idea to fruition. In 1937, John Henry Wigmore anticipated using oscilloscopes to identify individuals by speech patterns. Decades later, digitization and speech processors made voiceprint identification possible. In the 1970s, biological discoveries similarly led to the development of deoxyribonucleic acid (DNA) sequencing. And while Alphonse Bertillon in the late nineteenth century postulated iris distinctions, it …

Disconnected Connection, Dyane O'Leary

Suffolk University Law School Faculty Works

Lawyers are more digitally connected than ever, but the human side of connection is shifting. In a profession built on relationships, technological transformations from videoconferencing to Generative AI reshape how lawyers converse, empathize, and build rapport. Amid industry calls to prioritize ‘soft’ people skills, lawyers face a growing paradox: tools offering convenience and efficiency disrupt traditional methods of on-the-job training and mentorship from generations past. This Article draws on lessons from an empirical, interview-based study of law students, professional development legal personnel, and senior lawyers to examine interpersonal connection as a modern lawyering skill. Against a backdrop of swirling influences …

Two Justifications For The Major Questions Doctrine, Cass R. Sunstein

Florida Law Review

There are two justifications for the major questions doctrine. The first justification, vigorously offered by Justice Neil Gorsuch, might be described as Lockean; it sees the doctrine as an effort to preserve legislative primacy and to reduce the policymaking authority of the executive branch. On the Lockean view, the major questions doctrine is a clear-statement principle, and it is in evident tension with textualism. The second justification, vigorously offered by Justice Amy Coney Barrett, might be described as Wittgensteinian; it sees the doctrine as an effort to capture Congress’s likely instructions. The Wittgensteinian justification fits comfortably with textualism, and it …

Public Baths & Gender Reconstruction In The Mangkunegaran Region Of Solo, Fiera Saffana, Irmawati Marwoto

International Review of Humanities Studies

The division of gender roles in space is already evident from the layout of traditional Javanese buildings, which reflects a patriarchal culture where men are at a higher level than women. These gender boundaries and norms are also reflected in the spatial form of public bath in Solo. This research uses the archaeological method by Deetz which consists of data collection, data processing, and data interpretation. Explaining by presenting facts based on data obtained in the field, then data processing is carried out by involving analysis of the field data that has been collected. The last stage is the interpretation …

Cultural Discount: Breakthrough Point Of China's Tv Drama Exports To Southeast Asia, Lingxing Li

International Review of Humanities Studies

Driven by China's "Going Global" strategy, the international influence of Chinese TV series continues to grow. As a key vehicle of China's cultural soft power, these TV series have significantly bolstered China's global cultural presence, particularly in Southeast Asia, by showcasing China's rich history and contemporary societal changes. Despite certain geographical and cultural similarities between China and Southeast Asia, cultural differences still present challenges to the dissemination of Chinese TV dramas, particularly in areas such as language, values, and religious beliefs. This paper not only analyzes effective strategies for mitigating "cultural discounts" but also challenges the traditional one-dimensional view of …

Understanding The Transmission Of Deepavali Culture In Malaysia From The Perspective Of The "Circuit Of Culture ", Su Zihua, Mochamad Aviandy

International Review of Humanities Studies

As an important traditional festival in India, Deepavali carries profound cultural and religious connotations and has spread widely across Southeast Asia. Malaysia has become a typical example for articleing the transmisi of Deepavali due to its large Indian population and diverse cultural circulation. This article adopts a qualitative research method, gathering data and literature from various platforms and deeply analyzing three aspects of Deepavali in Malaysia: representation and identity, production and consumption, and regulation.The article finds that its cultural symbols construct Indian identity, and the multicultural integration of elements promotes the identification of shared values. Various activities and advertisements during …

Towards Resolution: Comparative Lessons For Advancing Peace And Justice In Papua, Tagor Hutapea, Alexander Evan

International Review of Humanities Studies

The conflict in Papua represents a complex interplay of identity, sovereignty, and historical grievances, shaped by structural violence and socio-political exclusion. This study explores strategies for advancing peace-building and justice in Papua, drawing on Johan Galtung’s theory of peace and conflict and comparative lessons from the Aceh conflict in Indonesia and the Irish Republican Army’s (IRA) struggle in South Ireland. The findings emphasize the importance of addressing root causes such as historical injustices, economic inequality, and cultural exclusion. Inclusive governance and dialogues that respect ethnic diversity and local identities are critical to creating sustainable solutions. Case studies reveal that effective …

The Intricate Relationship Between Parents, Teachers And Media In Their Context Of Nation-Building, Emmanuel Olumuji

International Review of Humanities Studies

This study examines the intricate relationship between parents, teachers, and media in the context of nation-building, emphasizing their collective role in shaping societal values and fostering holistic development. Drawing insights from scholarly literature and empirical studies, the study considers the influence of parents, teachers, and media on child development, moral education, and civic engagement. The study underscores the pivotal role of educators in instilling moral values, critical thinking skills, and civic responsibility among students, thereby contributing significantly to the development of a nation's human capital. Moreover, the study highlights the media's potential as a catalyst for social change, advocating for …

Plurality Of Countable Nouns In Chinese And Indonesian: Morphological And Syntactic Perspectives With Pedagogical Implications, Hatmi Idris

International Review of Humanities Studies

This study investigates the plural meaning and expression of countable nouns in Chinese and Indonesian from morphological and syntactic perspectives and explores implications for language pedagogy. Although both languages encode plurality, they employ distinct mechanisms, which may pose challenges for Indonesian learners of Chinese. Using a qualitative, literature-based approach, data were drawn from scholarly studies, Chinese teaching materials, and reference sources such as dictionaries. Analysis focused on morphological markers, including affixation and reduplication, as well as syntactic structures, such as numeral–classifier phrases and quantifiers constructions. The findings show that Chinese expresses plurality through the suffix –men, classifier-based syntactic patterns, …

Impact Analysis Of China's Electric Vehicle Distribution On Cultural Identity Jakarta Society, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the impact of China's electric vehicle distribution on the cultural identity of Jakartans. With increasing air pollution and congestion in the capital city, electric vehicles have emerged as a sustainable transportation solution. This study uses a qualitative approach with data collection through interviews with 5 sources of information, namely Mr. Susanto, Mr. Robert, Mrs. Astrid, Mrs. Ratna and Mrs. Jeane. This was done to understand the adoption of electric vehicles affecting social values, cultural interactions, and community mobility patterns. The results of the study show that electric vehicles are not only an alternative transportation, but also a …

The Influence Of Meme Culture On The Perception Of Japanese Music: A Survey Of Dolphin In Town-Kingo Hamada, Salsabila Alfajri, Bambang Wibawarta

International Review of Humanities Studies

The research aims to explore the influence of meme culture on the perception of Japanese music in the digital era, specifically analyzing the impact of meme culture on the song "Dolphin in Town" by Kingo Hamada. This study utilized quantitative methods, with surveys as the main technique for data collection. The results showed that meme culture plays an important role in introducing songs and artists that may not have previously received attention. The study also highlights the diverse impacts of meme culture on the perception of Japanese music, including its influence on popularizing, accepting, and interpreting music in various ways. …

The Systematics Of Online Debt Collection Speech In Indonesian, Filia Filia Dr., Muhammad Rifqi Herjoko

International Review of Humanities Studies

This study examines the discourse systematics used in the online loan collection speeches in the Indonesian language. Online loans are one of the financial services that are widely used by the people nowadays. However, the efforts to collect these loans have raised issues within the community. This study aims to elaborate on the speech acts and systematics forming the discourse of online loan collection. This study is using 50 screenshots of online loan collection messages on Instagram accounts as the data source. Research data is in the form of speeches used by the creditors to collect debt from the debtors. …

Complexities Behind The Javanese Shrounds: Unraveling Textile Symbolism For The Dead Through Mikhail Bakhtin’S Heteroglossia, Asha Kun Nayla Faizin, Ganang Dwi Kartika

International Review of Humanities Studies

The shroud, a textile used to wrap and accompany humans in death, is far from a simple object. Within Islamic traditions, the white cloth applied to the deceased's body takes on various changes, modifications, and deeper meanings when individuals contextualize their own beliefs and experiences through it. This study focuses on the shroud's role in Islamic death rituals in Java, revealing a multiplicity of meanings as theorized by Mikhail Bakhtin's concept of heteroglossia. By employing a pragmatic semiotic approach, this research interprets and analyses the symbols that emerge from the contextualization of these textiles within Javanese death rituals. The study’s …

Ame's Rebranding Strategy To Build Brand Identity And Enhance Stronger Competitiveness, Michelle Adelia Sentosa, Aniendya Christianna

International Review of Humanities Studies

This research analyses AME's rebranding process to build a strong brand identity and increase competitiveness in the fashion industry. Using a descriptive qualitative method, data was collected through in-depth interviews, observations, and documentation studies. The results showed that AME's rebranding involved visual design changes as well as adjustments to the brand's vision and mission. The new illustration and packaging elements successfully attracted consumers' attention and created a positive experience, which resulted in increased sales and positive responses from consumers. The findings provide valuable insights into rebranding strategies in the fashion industry and their implications for brand identity and business performance, …

Social Media Optimization Of Ramampa Resto & Bar As A Visual Strategy, Monique Pricilya Oei, Aniendya Christianna

International Review of Humanities Studies

In the digital era, social media has become an important marketing tool for businesses, including the culinary industry. This study examines the use of motion graphics to develop the social media presence of Rarampa Resto and Bar, a restaurant serving Manado cuisine and healthy MSG-free food, located in South Jakarta. Although the restaurant has a loyal customer base, particularly from the 40-60 age group, its social media content fails to attract younger audiences, especially millennials, who seek unique and authentic culinary experiences. This study suggests that Rarampa's social media content, which mainly focuses on event photography and the restaurant's ambiance, …

The Construction Of The Image Of The “Ideal Wife” In Intercultural Marriages: A Case Study On The Youtube Video “Younger Singapore Men Looking For Vietnam Brides, Li Jie

International Review of Humanities Studies

This study explores the process of constructing the image of the “ideal wife” in intercultural marriages, using the video Younger Singapore Men Looking for Vietnam Brides as a case study. It analyzes the economic and cultural motivations of Singaporean men in choosing Vietnamese wives. By applying Judith Butler’s theory of gender performativity and Henri Tajfel’s social identity theory, the study examines how Vietnamese brides are symbolized as the “ideal partner” and how this phenomenon reflects modern gender role conflicts and identity reconstruction. Through an analysis of interviews in the video and relevant comments, the research reveals the dynamic interaction between …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …

Exploring The Ontological Basis Of Law: Joseph Raz's Views On Normativity Within The Framework Of Legal Realism, Artha Debora Ads Silalahi, Rizal Mustansyir, Sindung Tjahyadi

International Review of Humanities Studies

This study explores the moral ontology of law within the framework of Legal Realism, contextualizing law as both a social institution and an institution of justice. Drawing on Joseph Raz's perspectives on practical reason, normativity, and the foundations of norms, the analysis examines how law, as a practical guide, inherently carries moral dimensions in regulating social interactions and pursuing justice. Legal Realism frames law as a dynamic product of human interaction within a social context, while Raz's philosophical insights illuminate the interplay between practical reasoning, normativity, and legal structures. By focusing on the moral underpinnings of legal norms, this paper …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …