Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 421 - 450 of 25245

Full-Text Articles in Entire DC Network

Tableau Part Ii - October 2025, Rubab Shahzad Oct 2025

Tableau Part Ii - October 2025, Rubab Shahzad

Day Family Research Lab Workshop Series

Part Two of Introduction to Tableau. Learn to make cool visualizations using Tableau. A hands-on opportunity where we will go over calculated fields, hierarchies, unions, dashboards, and stories.

Prior experience with Tableau is recommended


What Is The Point Of Free Speech?, Hrishikesh Joshi Oct 2025

What Is The Point Of Free Speech?, Hrishikesh Joshi

The Journal of Contemporary Legal Issues

How might we understand the nature and importance of a right to freedom of speech? One way to go is to appeal to the rights of speakers and listeners. Individuals would then have a right against state interference in saying what they want to say. On the other hand, listeners have a right to listen to whom they please and thus also would have a right against state interference. By stopping certain things from being voiced or published, for instance, the state would also be violating individuals’ rights to hear or read these things if they so choose.

This paper …


Comment On Hurd And Moore, Richard Arneson Oct 2025

Comment On Hurd And Moore, Richard Arneson

The Journal of Contemporary Legal Issues

In their essay on “Wrongful Student Speech and Rightful Private University Responses to It,” Professors Heidi Hurd and Michael Moore (hereafter, Hurd & Moore) deepen the discussion by situating it in a general account of moral limits on freedom of expression and by noting connections to some of their own views on moral theory. The result is an excellent primer on freedom of speech, and more than just a primer. Their general views are shown to have plausible implications for tangled questions about what private university administrators ought to do in response to problematic examples of campus protest. That this …


Moving Beyond Traditional Legal Scholarship Impact Rankings, John Cannan Oct 2025

Moving Beyond Traditional Legal Scholarship Impact Rankings, John Cannan

Faculty Publications

Legal academia is likely stuck with law faculty scholarly impact rankings—that is, using citation counts to judge a law faculty’s reputation and influence. But why can’t we produce better, more useful studies? Current rankings rely on outdated methods. Moreover, these rankings—touted by their creators as objective—suffer from long-standing flaws. They are also grounded in limited understandings of legal citations as sources of information. This paper calls on law librarians to advance legal citation research by adopting methodologies from other information sciences and developing legal citation taxonomies and theories.


Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins Oct 2025

Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins

Washington Law Review

The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …


Original Public Meaning And The Rule Of Recognition, Andrew Jensen Kerr Oct 2025

Original Public Meaning And The Rule Of Recognition, Andrew Jensen Kerr

William & Mary Bill of Rights Journal

Framer intent no longer possesses the same cachet it once held. But Framer influence still matters for public meaning originalism, particularly for communications like The Federalist Papers, in which Alexander Hamilton, John Jay, and James Madison marketed the work of the Philadelphia Constitutional Convention to state ratifying conventions and the constituencies they represented. Contemporary originalists posit that what the Constitution meant to this public audience at the time of ratification is cemented in time forever (the fixation thesis). The starting point for my analysis is the prosaic observation that our Framers occasionally changed their minds about the meaning of …


Reforming Maryland’S Loss Of Chance Doctrine: Expanding Recovery For Cancer Patients With Survival Chances Below Fifty Percent, Iman Aziz Oct 2025

Reforming Maryland’S Loss Of Chance Doctrine: Expanding Recovery For Cancer Patients With Survival Chances Below Fifty Percent, Iman Aziz

University of Baltimore Law Forum

No abstract provided.


The Endorsement Test’S Early Years, 1983–1985: Notes From The O’Connor Files, Jay Wexler Oct 2025

The Endorsement Test’S Early Years, 1983–1985: Notes From The O’Connor Files, Jay Wexler

William & Mary Bill of Rights Journal

One of Justice Sandra Day O’Connor’s signature contributions to U.S. constitutional law was the endorsement test, a subtle but critically important reformulation of the Court’s then prevailing approach to applying the Establishment Clause that focused on the message sent by government action supporting religion and the potentially harmful effects of that message on religious minorities and the political community. Now that the current Court has discarded the endorsement test, leaving the government freer than ever to support religion in a variety of ways, we should expect to see the harms that Justice O’Connor cared about become increasingly widespread and prevalent. …


Agentizing Privacy Preferences Without Privatizing Data Protection Policy, Frank Pasquale, Vanna Carter Oct 2025

Agentizing Privacy Preferences Without Privatizing Data Protection Policy, Frank Pasquale, Vanna Carter

Cornell Law Faculty Publications

This essay explores how consumers might exercise newly restored agency in a digital environment increasingly shaped by generative AI. Rather than expecting consumers to read privacy-related terms of service, policymakers should encourage the emergence of Automated Consumer Agents (“ACAs”) capable of interpreting privacy provisions and acting on behalf of users according to their stated preferences. These systems could automatically reject objectionable forms of data extraction, translating consumer values into actionable decisions in online transactions.

Despite this promise, the rise of ACAs would also present new problems. Without supportive policy and legal frameworks, agentization of privacy preferences could itself reproduce or …


Not Born A Democracy: Constitutional Preconditions, Martha Minow Oct 2025

Not Born A Democracy: Constitutional Preconditions, Martha Minow

William & Mary Law Review

Beneath growing perceptions of constitutional crisis and democratic fragility in the United States lies a fundamental conundrum. Critical preconditions for effective self-government are either weak or missing in action, and our constitutional system, at least for now, stands in the way of actions to strengthen or build those preconditions. This Article focuses on three essential predicates for constitutional democracy that face jeopardy: education, reliable news, and security against lethal violence. As basic as these elements may be, repeated efforts to secure a federal constitutional right to education have failed in the courts. Because of a confluence of legal, technological, and …


Environmental Bankers: States Are Billing Fossil Fuel Companies For Extreme Weather Disasters, Kelly A. Adam Oct 2025

Environmental Bankers: States Are Billing Fossil Fuel Companies For Extreme Weather Disasters, Kelly A. Adam

William & Mary Environmental Law and Policy Review

For decades, common law has been the pathway to remediation for environmental tragedies. Victims of traditional environmental harms can pursue justice through legal challenges like nuisance, negligence, and violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). However, climate change–induced natural disasters have led to the normalization of the “Act of God” exception; a policy provision commonly used in insurance law that excludes coverage for damage caused by unforeseeable natural disasters. Even so, real cities suffer the consequences of the real harm, whether insurance accepts it or not; so, who bears the burden of funding the recovery?

Maryland, …


A Call For Canceling Compassionate Release And Restoring Federal Parole, Honorable Chief Judge C.J. Williams Oct 2025

A Call For Canceling Compassionate Release And Restoring Federal Parole, Honorable Chief Judge C.J. Williams

Washington and Lee Law Review

The current federal sentencing scheme is a patchwork quilt of provisions that grant judges virtually unfettered and unreviewable discretion imposing sentences on the front-end and in granting compassionate release on the back end. It was not designed in the beginning to be this way. The advisory-only sentencing guidelines scheme we have now resulted from the Supreme Court’s finding that mandatory guidelines violated the Constitution. The recent sentencing reform movement—of which compassionate release is a significant part—has sought to find ways of ameliorating what is seen as the draconian result of the war on drugs. The question is whether granting Article …


Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez Oct 2025

Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez

Cardozo Journal of Conflict Resolution

On March 6, 2025, the Cardozo Journal of Conflict Resolution presented the twenty-fourth annual International Advocate for Peace Award to Dr. Zafra M. Lerman. The following is a transcript of the event.


Fall 2025: Antimatter Oct 2025

Fall 2025: Antimatter

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie


Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche Oct 2025

Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Governance In The Absence Of Government, Tracy Hresko Pearl Oct 2025

Governance In The Absence Of Government, Tracy Hresko Pearl

Faculty Articles

Artificial intelligence (AI) is advancing at an unprecedented pace, with generative systems exerting growing influence over social, economic, and political life. While Al offers opportunities for innovation and efficiency, it also poses risks ranging from misinformation and job displacement to existential threats if highly autonomous systems evade human control. Across industry, government, and civil society, there is broad consensus that Al requires oversight.

Yet traditional U.S. regulatory approaches face six significant barriers: (1) technology outpacing legislation, (2) limited Al expertise among policymakers, (3) regulatory capture, (4) political gridlock, (5) outdated governance structures, and (6) the inherent complexity of Al. Combined …


Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi Oct 2025

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …


Juxtaposing Approaches To Risk-Based Ai Governance In Different ‘Rights’ Contexts: A Comparative Analysis Between Singapore And The Eu, Jane Loo, Mark Findlay Oct 2025

Juxtaposing Approaches To Risk-Based Ai Governance In Different ‘Rights’ Contexts: A Comparative Analysis Between Singapore And The Eu, Jane Loo, Mark Findlay

Research Collection Yong Pung How School Of Law

Comparative analysis of European and certain Asian approaches to governance often degenerates into simplistic dichotomies based on universal human rights assumptions. This chapter rejects such dualities, ill-informed by theory and historical reflection. The emerging argument is founded on a historical realist approach to theorising difference. Assisted by Polanyi’s double movement, the detailed substantive comparison is preceded by considerations of how recent trends in governing AI have uniformly adopted a countermovement against the dis-embedding of data and technology from the social leading to a risk/responsibility paradigm. From here, a more nuanced reflection of AI governance approaches in the EU and Singapore …


Unpacking Singapore's Leasehold Relativity Table: An Empirical And Legal Analysis, Koon Shing Kwong, Jing Rong Goh, Seng Wei, Edward Ti Oct 2025

Unpacking Singapore's Leasehold Relativity Table: An Empirical And Legal Analysis, Koon Shing Kwong, Jing Rong Goh, Seng Wei, Edward Ti

Research Collection School Of Economics

In Singapore, most land is state-owned, with the state generally issuing leasehold estates via state leases of not more than 99 years1, depending on the intended land use. Naturally, the value of a leasehold estate, which erodes over time as the lease approaches the end of its term, is a key component of the premium charged for lease renewals, or the tax imposed for permission given in relation to a development that would increase the value of the land. By law, the state valuation of leasehold land is prescribed by a leasehold relativity table colloquially known as ‘Bala’s Curve’ or …


The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh Sep 2025

The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh

St. John's Law Review

(Excerpt)

This Article will proceed in five parts. First, an important caveat. When the Article refers to Asian Americans, it refers to all Asian American subgroups except for South Asian Americans, because South Asian Americans are not perceived to be deferential in the same way as other Asian American subgroups. Consequently, their experience with leadership is unique among Asian Americans, and much of the analysis in this Article does not apply to them.

With that caveat, Part I will discuss the invisibility of Asian Americans generally, but particularly in leadership positions. Part II will discuss the concept of social status …


09.29.2025 Ored Connect, Liz Williamson Sep 2025

09.29.2025 Ored Connect, Liz Williamson

ORED Newsletter

  • Contest for Biosafety and Biosecurity Month
  • ORED Website Walk Through training
  • MIG Applications
  • Field Fest


Amicus Brief In Support Of Ross Intelligence In Ross Intelligence V. Thomson Reuters, Jess Miers, Bryan L. Frye, Mateusz Blaszczyk Sep 2025

Amicus Brief In Support Of Ross Intelligence In Ross Intelligence V. Thomson Reuters, Jess Miers, Bryan L. Frye, Mateusz Blaszczyk

Akron Law Faculty Publications

This amici curiae brief, filed in Thomson Reuters Enterprise Centre GmbH and West Publishing Corp. v. ROSS Intelligence Inc. before the U.S. Court of Appeals for the Third Circuit, argues that Thomson Reuters failed to state a viable claim for copyright infringement against ROSS Intelligence. The amici—law professors specializing in copyright and technology—contend that Westlaw’s headnotes are uncopyrightable factual summaries of judicial opinions and that the West Key Number System has long been in the public domain. The brief distinguishes between AI “pretraining” and “fine-tuning,” emphasizing that ROSS’s fine-tuning process relied on expert-created materials rather than wholesale copying. It cautions …


Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk Sep 2025

Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk

Scholarly Works

This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.


Collective Dominance Under Scrutiny: Closing The Enforcement Gap Or Complicating Eu Competition Policy?, Miroslava Marinova Sep 2025

Collective Dominance Under Scrutiny: Closing The Enforcement Gap Or Complicating Eu Competition Policy?, Miroslava Marinova

Yearbook of Antitrust and Regulatory Studies

This paper examines the European Commission’s Draft Guidelines on Article 102 TFEU, focusing on their treatment of collective dominance in oligopolistic markets. While the Guidelines adopt a structured framework derived from merger control, they fail to address a key challenge specific to Article 102: the need for clear evidentiary standards in retrospective enforcement. The paper argues that parallel conduct by independent firms can, in certain cases, serve as evidence of collective dominance where such behaviour is not rational absent joint market power. However, the Draft Guidelines offer little guidance on how to integrate such conduct into the dominance analysis. This …


Wmu Maritime Affairs Conference 2025 : Transforming A Maritime Future : Digitalization And Decarbonization, World Maritime University Sep 2025

Wmu Maritime Affairs Conference 2025 : Transforming A Maritime Future : Digitalization And Decarbonization, World Maritime University

Books

No abstract provided.


Chacahoula 2025, Volume 92, Alayna Pellegrin Sep 2025

Chacahoula 2025, Volume 92, Alayna Pellegrin

Chacahoula

The 2025 issue of Chacahoula includes December 2024 and May 2025 graduating classes, as well as stunning photography student life on the banks of Bayou Desiard. With features covering students, faculty, and staff, this year's time capsule preserves an academic year in the life of the University of Louisiana at Monroe.


Ncti Is The New Gilti, And States Should Still Conform, David Gamage, Darien Shanske Sep 2025

Ncti Is The New Gilti, And States Should Still Conform, David Gamage, Darien Shanske

Faculty Publications

This essay continues our series on corporate profit shifting by analyzing how states should respond to the federal One Big Beautiful Bill Act, which transformed GILTI into the new Net Controlled Foreign Corporation Tested Income (NCTI) regime. We argue that states should conform to this new federal provision as a reasonable and legally sound approach to combatting the persistent profit shifting that erodes state tax bases. The 60 percent inclusion rate for NCTI effectively serves as a practical, "rough justice" estimate of income that was economically generated domestically but improperly shifted offshore — an estimate supported by empirical research. We …


Profiting From Disaster: How Rising Climate Risk Is Reducing Insurance Coverage And Paving The Way For Predatory Lending, Samuel Tunnell Sep 2025

Profiting From Disaster: How Rising Climate Risk Is Reducing Insurance Coverage And Paving The Way For Predatory Lending, Samuel Tunnell

St. Mary's Law Journal

No abstract provided.


Financial Inducements In Gambling Marketing: An Information Disclosure Proposal To Inform Gamblers Of Their True Economic Value, Philip Newall, Dominic Cortis, Jamie Torrance Sep 2025

Financial Inducements In Gambling Marketing: An Information Disclosure Proposal To Inform Gamblers Of Their True Economic Value, Philip Newall, Dominic Cortis, Jamie Torrance

UNLV Gaming Research & Review Journal

Financial inducements such as free bets are frequently-used gambling marketing offers which temporarily improve a gambler’s usual pattern of risk and potential return. Previous research has shown that there are up to 15 distinct types of financial inducements in common use, and that gamblers frequently misunderstand inducements’ play-through requirements and other complex terms and conditions. The Australian government has therefore recently banned play-through requirements for inducements shown to new customers, and the Great British regulator the Gambling Commission has recently announced a maximum play-through requirement of 10 times. The present work describes an alternative and yet potentially complementary approach based …


#Falseflag: Exploring Themes In Conspiracy Theory Tweets Regarding The Robb Elementary School Active Shooter Event, Madison K. Doyle, Carolyn Willis Sep 2025

#Falseflag: Exploring Themes In Conspiracy Theory Tweets Regarding The Robb Elementary School Active Shooter Event, Madison K. Doyle, Carolyn Willis

Qualitative Criminology (QC)

"Little is known about the content of conspiratorial posts on social media, specifically regarding active shooter events. This study explores the content of conspiracy theory tweets during the six months following the active shooter event at Robb Elementary School in Uvalde, Texas. 194 tweets were analyzed. The analysis resulted in two main themes: False Flag and Hypothesized Reasoning. These themes represent the similarities and variations in content among the tweets. In line with research suggesting that people are most vulnerable to conspiratorial thinking when trying to explain unusual and unsettling events, results indicate that many posts were attempting to provide …