Digital Commons Network^™

Catching Up With The Constitution? Georgia Fixes Its Fatal Burden Of Proof For Findings Of Intellectual Disability In Capital Cases, Meagan R. Hurley

Mercer Law Review

In 1988, Georgia became the first state to prohibit the execution of individuals with intellectual disability—a landmark reform spurred by the execution of Jerome Bowden, a Black man with an IQ of 59. Yet, due to a drafting error, the statute imposed an insurmountable burden: requiring defendants to prove their intellectual disability beyond a reasonable doubt. For nearly four decades, that fatal flaw rendered Georgia’s protection illusory. Not a single capital defendant facing intentional murder charges prevailed. While nearly every other jurisdiction adopted the far more workable “preponderance of the evidence” standard, Georgia stood alone, out of step with both …

Requesting Less, Winning More: A Plaintiff Strategy To Eliminate Low-Value Anchors, Emily V. Shaw, Jade E. Larson

Mercer Law Review

Picture this: You are a plaintiffs’ lawyer representing a permanently injured client in a high-stakes lawsuit. You think you can earn millions of dollars for your client based on their injuries—but something is holding you back: your client’s past medical bills. To date, she has only had to pay around $20,000. You worry that this fact might make your request for several million dollars in non-economic damages seem excessive to a jury. So, you make a plan: on the eve of trial, you withdraw your request for economic damages and stick to only requesting non-economic damages in the millions. There …

From Phone Booths To Digital Booths: Rethinking Fourth Amendment Privacy In The Age Of Open Source Intelligence, Major Theodore H. Massey Iii

Mercer Law Review

The use of Open Source Intelligence (“OSINT”) by the U.S. intelligence community marks a paradigm shift in national security practices, leveraging vast troves of publicly available and commercially acquired data. Yet this shift raises urgent constitutional questions regarding the applicability of the Fourth Amendment’s protections in the digital age. As OSINT practices increasingly rely on sophisticated aggregation techniques and artificial intelligence tools, the line between publicly available information and constitutionally protected privacy interests begins to blur. This Article critically examines whether certain forms of OSINT collection and analysis, particularly those that aggregate digital data at scale or use predictive algorithms, …

Concurrent Regimes For The Concept Of “Common Heritage” In Seabed Mining, James Kraska, Digvijay Rewatkar

International Law Studies

This article examines the re-emergence of unilateral deep seabed mining by the United States and its implications for the concept of the common heritage of mankind. Triggered by Executive Order 14285 and the resurrection of the Deep Seabed Hard Mineral Resources Act, the U.S. approach challenges the multilateral framework established under Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Implementing Agreement. While the prevailing view holds that unilateral seabed mining is prohibited by customary international law and that only the International Seabed Authority (ISA) may lawfully operationalize the common heritage principle, …

Michigan, M. Vafa Barissi, Delainey Banks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Du Essentia Hominum: Regulating The Artificial Intelligence Crisis, Natalie K. Snodgrass

Helms School of Government Undergraduate Law Review

In May 2023, the Center for AI Safety, a nonprofit dedicated to reducing the risks of artificial intelligence misuse, held a conference to discuss a single sentence statement. This statement was signed by an international group of experts, including chief AI executives, nuclear physicists, politicians, and more. Artificial Intelligence serves as one of the modern world's greatest achievements and potentially greatest problems. Generative AI is not human, yet its creations pose problems in human copyright law and the First Amendment. This Note will address the development of AI, along with the reason why there is a need to regulate this …

The Merit Systems Protection Board And Removal Doctrine In The Second Trump Administration, Nathan A. Thomas

UC Law Constitutional Quarterly

In a federal civil service of millions, a means of adjudicating internal employment disputes objectively and efficiently is integral to the continued confidence of the federal workforce.1 This is the role occupied by the U.S. Merit Systems Protection Board.2 On February 10, 2025, President Trump fired MSPB Chairman Cathy Harris without citing any reason, in direct violation of the good cause standard needed to remove an MSPB Board member. 3 President Trump’s unjustified firing of Chairman Harris reopens the ongoing assault on removal doctrine, but this note argues that the structure of the MSPB is constitutional under current removal doctrine. …

Strategi Pencegahan Kejahatan Dan Pembangunan Nasional, Prof. Abdul Karim Nasution, S.H.

Jurnal Hukum & Pembangunan

Abstract

Penal Protection For Women In Jordan: How Compatible Are International Agreements And Jordanian Legislation?, Hasan Altarawneh, Hamzeh Abu Issa

Journal of International Women's Studies

This article analyses the degree to which Jordanian penal legislation conforms to international human rights standards regarding the protection of women from violence, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Bangkok Rules. Jordan has implemented legislative reforms targeting gender-based violence; however, these reforms are incomplete, disjointed, and frequently misaligned with international standards. This study employs a doctrinal methodology to analyse Articles 292–311 of the Jordanian Penal Code and associated procedural rules, assessing their substantive and procedural provisions in relation to international legal obligations. This analysis includes rulings from the …

Orrick On Startup Law At The Intersection Of Business + Technology, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Orrick, Herrington & Sutcliffe, Heyman Center On Corporate Governance

2025–2026 Flyers

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington and Sutcliffe to learn how top tech-focused law firms advise startups, founders and high-growth companies and how intellectual property strategy fits into corporate practice.

Join Ipls And Fame For A Conversation With Salvatore Anatasi And Jeffrey Lewis, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, American Intellectual Property Law Association

2025–2026 Flyers

Hear from two leading intellectual property attorneys as they discuss emerging issues in IP, and how AIPLA's network of 6,500 IP professionals help law students explore and build careers in the field. Lunch provided.

Orrick On Startup Law At The Intersection Of Business And Technology, Cardozo Fame Center, Cardozo Intellectual Property Law Society (Ipls), Samir Bakhru, Josh Beser

2026 Event Invitations

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington & Sutcliffe, to learn how top tech-focused law firms advise startups, founders, and high-growth companies, and how intellectual property strategy fits into corporate practice. Presented by the FAME Center and IPLS. Dinner will be provided.

Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng

Pepperdine Dispute Resolution Law Journal

This comment proposes alternative dispute resolution (ADR), specifically arbitration, as a more effective mechanism for resolving fashion copyright disputes. The fashion industry has historically received limited protection for designs—primarily trademark and patent law—resulting in widespread copying and difficulty enforcing claims. In the 2017 case Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court added copyright to the patchwork of protections. However, that protection is available only for aesthetic elements, not functional ones. The difficulty in distinguishing these components, along with the challenges of enforcing claims across borders and between parties with unequal bargaining power, as in Hian v. Louis …

The Regulatory Framework For Crowdsourced Online Dispute Resolution: Revisiting The Dispute Resolution Triangle, Yun Zhao, Zhiming Xiao

Pepperdine Dispute Resolution Law Journal

Crowdsourced Online Dispute Resolution (CODR) constitutes a transformative approach to digital-era disputes, fundamentally reconceptualizing dispute resolution through distributed participant networks rather than merely digitizing traditional alternative dispute resolution. Anchored in Katsh and Rifkin’s dispute resolution triangle (trust, convenience, expertise) and Perritt’s co-regulatory governance model, this paper analyzes CODR’s evolution from early systems such as iCourthouse to contemporary implementations. Case studies of eBay Community Court (contractual self-regulation prioritizing convenience) and Xianyu Small Court (state-aligned hybrid governance optimizing expertise through algorithmic juror specialization) demonstrate how platforms operationalize these theoretical frameworks. The legal analysis examines jurisdictional fragmentation and enforcement challenges, revealing how regulatory …

Dispute Review Boards And The Construction Industry: The Song Remains The Same—Or Does It?, Daniel Mcmillan

Pepperdine Dispute Resolution Law Journal

Dispute Review Boards (DRBs) are a unique form of alternative dispute resolution (ADR) used on large and complex construction projects across the country. Although largely ignored by legal scholars, DRBs have been highly successful in resolving costly, time-consuming disputes involving hundreds of billions of dollars’ worth of projects since their advent in 1975. DRBs are a hybrid form of ADR that combine facilitative and evaluative as well as coercive and non-coercive features of more common forms of ADR. But what actually makes DRBs so effective at dispute avoidance and resolution? This article analyzes: (i) the attributes that make DRBs an …

Pers Dan Hak Azasi Manusia Di Indonesia, Wikrama I. Abidin

Jurnal Hukum & Pembangunan

Abstract

Hak-Hak Azasi Manusiasuatu Tinjauan Ringkas Dari Segi Hukum Islam, M. Tahir Azhary, S.H.

Jurnal Hukum & Pembangunan

Abstract

Hak-Hak Azasi Manusia Menurut Pernyataan Umum Pbb Ataukah Kewajiban Azasi Manusia Berdasarkan Pancasila ?, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher

San Diego International Law Journal

Russia’s invasion of Ukraine and China’s accelerating military modernization underscore the need for the United States and its allies to reinforce their defense industrial bases to deter and prevail in future conflicts. This paper examines the historical and strategic foundations driving the need for export control reform, identifies key U.S. export control laws governing defense coproduction and co-development, and analyzes how current regulations constrain allied industrial integration. It concludes by proposing solutions to streamline export control regulations to improve the strength and resilience of the modern defense industrial base.

Beyond The Cisg: Utilizing Unidroit Principles To Synchronize International Contract Law Beyond Sales Of Goods, Noor Albandar

San Diego International Law Journal

Modern advancements have made it easier than ever for individuals and businesses to enter into cross-border transactions. Contract law in the United States employs legal instruments such as the UCC to aid contracting parties, and international law consists of tools such as the CISG supporting cross-border contracts for the sale of goods. Such tools are important because international transactions for goods occur frequently. This Comment will examine the complexities that arise in the face of international contracts, discuss tools for uniform law that are currently utilized by various governing bodies, and propose further implementation of uniform international contract law. In …

Kedudukan Grose Pertama Yang Dibuat Notaris Di Indonesia Yang Memakai Kepala "Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa" Dalam Teori Dan Praktek, Iskandar Oerip Kartawinata, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah Penahanan Dan Hukuman Adat "Ngerorod" Di Bali, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Beberapa Catatan Tentang Putusan Pengadilan Jakarta Utara No. 20/Pid/79/Ut/Tol, Arif Gosita, S.H.

Jurnal Hukum & Pembangunan

Abstract

Pandangan Terhadap Ruu Hukum Acara Pidana, Bismar Siregar, S.H.

Jurnal Hukum & Pembangunan

Abstract

Perkembangan Delik Khusus Masyarakat Yang Mengalami Modernisasi, Prof. Oemar Seno Adji, S.H.

Jurnal Hukum & Pembangunan

Abstract

Tinjauan Terhadap Perkembangan Delik-Delik Khusus Masyarakat Yang Mengalami Modernisasi, Mardjono Reksodiputro, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Masalah Peranan Dan Kedudukan Partai Politik Dan Golongan Karya Dalam Pemilihan Umum 1982: Suatu Komentar Terhadap Ruu Tentang Perubahan Atas Uu Pemilu, Budiman B. Sagala

Jurnal Hukum & Pembangunan

Abstract

Shutting Pandora's Box: A Legal, Economic, And Miscellaneous Meditation Of The Copyrightability Of Ai-Generated Music, Nathan Oddi

Akron Law Review

No abstract provided.

Inter Partes Litigation And Ex Parte Appeals Before The Trademark Trial And Appeal Board: A Primer, Theodore H. Davis Jr.

Akron Law Review

No abstract provided.