Digital Commons Network^™

The Fallacies Of Originalism: Why Treating History And Tradition Alone As Dispositive Is Not Superior To The Tiers Of Scrutiny, Gage A. Johnson

Cleveland State Law Review

The goal of this Article is to develop the current history and tradition standard. I argue that the Bruen use of history and tradition is not a more principled or better way of interpreting the Constitution than the infamous tiers of scrutiny. This argument is supported by analyzing the way the Court has used history and tradition in reviewing restrictions on the Second Amendment and the push for it to be used under the First Amendment. I argue that Justice Thomas’s rigid application of history and tradition is essentially an ends-justifying-the-means analysis that is no different than the so called …

Take It To The Court: The Legal Tightrope Of The Nba’S Promise Of Players, Madeline M. Law

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Unprotected: The Lack Of Legal Safeguards For Child Entertainers, Paul Simpson

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Politics Of Territorial Resistance To Federal Authority: Distinctiveness, Partisanship, And Outbidding In Texas And Alberta, André Lecours, Alexandre Couture Gagnon, Daniel Béland

School of Political Science, Public Affairs, Legal and Security Studies Faculty Publications

Federalism involves political struggles around the territorial division of powers. Typically, these struggles tend to occur when the federal government seeks to act in areas of constituent unit jurisdiction. Yet, recent political developments in Texas (Operation Lone Star) and Alberta (Alberta Sovereignty in a United Canada Act) have showcased state/provincial governments seeking to reject federal legislation within seemingly federal jurisdictions. This article develops an explanation for these initiatives that emphasizes regionalism as a form of territorial politics, the partisan dynamics between the state/provincial government and its federal counterpart, and the internal competition within the dominant political …

Authentication Of Art, Herbert I. Lazerow

Cleveland State Law Review

The authentication of items permeates our law and our markets. While it is important for many consumer goods, authentication is crucial for artworks and artifacts where the value difference between the authentic and the inauthentic is huge. The question is raised most frequently in conflicts between buyer and seller of art where it is claimed that a warranty was breached, or between the owner of artwork and an authenticator where the claim sounds in tort. It also arises in any situation where the value of the art is important, such as tax or antitrust. Authentication of artwork can be difficult …

Hands Off Mahmoud Khalil: Why The State Department Can't Lawfully Revoke Green Cards, Enforce Immigration Law, Or End Status, Nicolas Garon

Et Cetera

In recent months, the Trump Administration has revived a controversial legal strategy aimed at stretching immigration law to enable aggressive enforcement. Among these efforts is a troubling misconception, exemplified by the case of Mahmoud Khalil, that the U.S. Department of State holds authority to revoke the legal status of individuals inside the country, deport them, or cancel lawful permanent resident (LPR) status. This claim directly contradicts longstanding immigration law, which limits the State Department’s role to visa issuance abroad and grants no domestic enforcement authority. Even visa revocations do not terminate lawful status once an individual is admitted. Despite this …

Decentralized, But Not Above The Law: Analyzing Dao Governance And Regulation, Nathan Cline

Et Cetera

Decentralized autonomous organizations (DAOs) are transforming how people collaborate and manage collective ventures, yet the law has lagged behind this innovative form of organization. Because DAOs rely on smart contracts rather than conventional organizational infrastructure, it is often unclear how they fit into existing laws. This paper defines DAOs, outlines the current regulatory frameworks governing them, and demonstrates where those frameworks fall short. It argues that DAOs should be recognized as a distinct form of corporate entity and that a tailored exemption from federal securities laws is necessary for them to operate effectively. The proposed model offers a practical path …

“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik

International Law Studies

This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can be maintained even in iterative situations featuring a prior civilian casualty event. It demonstrates this theorem through illustrative targeting scenarios, before formalizing the argument through a model showing the evolution of an AWS-user’s mens rea as they receive notice of a prior incident, and choose to pursue—or not pursue—an inquiry. This analysis reveals a perverse incentive structure, …

"The Persistent And Muddy Dispute": How The Facial/As-Applied Distinction Creates Problems For Constitutional Litigants, Sean P. Wilson

Duke Law Journal

The distinction between facial and as-applied challenges continues to play a central role in constitutional litigation, including at the Supreme Court. Yet, the distinction and its related rules have long suffered from a lack of doctrinal clarity and consistency. This Note sets out a descriptive taxonomy of three problems facing constitutional litigants because of the murkiness surrounding the facial/as-applied distinction.

First, the “Doctrinal-Test Problem” refers to the fact that many constitutional doctrines appear to require the courts to engage in facial adjudication, even if a litigant wishes to bring an as-applied claim. Thus, as-applied litigants are forced into facial challenges, …

Supervising The Omnipresent Casino: Evaluating The Role Of State And Local Regulation In Stemming Youth Addiction To Sports Gambling, Matthew Connor Flink

Duke Law Journal

Since 2018, state legalization of sports betting and the industry’s corresponding proliferation has driven an epidemic of youth addiction. Current state legislation and regulations do little to combat youth addiction. Many legal scholars emphasize the value that a federal regulatory regime would provide to reign in youth sports betting. This Note explores the value that state and local government can have in the sports gambling space. To illustrate the unique importance of state and local legislation and regulation of sports betting, this Note analogizes to another addictive product with a history of youth addiction: nicotine.

Nicotine has been a regulatory …

Design Patents: Protecting Creativity In The Marketplace, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Cardozo Fashion Law Society

2025–2026 Flyers

Join IPLS, FLS, and FAME to learn how design patents safeguard innovative visual creations in fashion and technology and how attorneys use it to protect brand identity and creative expression.

Wednesday, February11th at 12:40pm, Room 423 Sign up using the QR code to reserve your spot!

Who Gets A Seat At The Table? Stakeholder Participation In Sec Rulemaking, Yuliya Guseva, Irena Hutton, Adam C. Pritchard, Joseph Grundfest

Law & Economics Working Papers

We study how public participation shapes financial regulation using a novel dataset of 453 SEC rules proposed between 1995 and 2024. We collect over 81,000 public comments and 5,600 meetings between regulators and stakeholders related to those rules. Using large language models, we identify participants and extract structured measures of comment content and tone. We document asymmetries in stakeholder participation: retail investors dominate comment volume with shorter submissions, while institutional actors engage primarily through detailed comments and meetings with the SEC officials. Input from sophisticated stakeholders is more likely to be incorporated into the final rule release and informs rule …

Effects Of The Reverse Charge Mechanism On Vat Gaps, Albrecht Bohne, James R. Hines Jr., Antonios Koumpias, Annalisa Tassi

Law & Economics Working Papers

The purpose of this paper is to evaluate the effect of reverse-charge mechanism (RCM) implementation on VAT compliance using an overall, countrylevel measure of VAT compliance, the VAT gap. The VAT gap is defined as the overall difference between expected and realized VAT revenues and is a broader measure than outcomes employed in previous research, incorporating all types of VAT evasion. Exploiting the staggered adoption of RCM across Europe and the size of industries targeted by RCM, we compare changes in the VAT gap before and after RCM implementation. Evidence from difference-in-differences, event study, and heterogeneous treatment effects estimators indicates …

Protecting Journalism From National Security In Contemporary India, Manish .

National Law School of India Review

Freedom of the press is an important element of a robust democracy. In India, press freedom lacks statutory protection, leaving constitutional protection under Article 19(1)(a) as the only remedy. In recent years, the use of anti-terror laws against journalists investigating alleged lapses or excesses by the state has posed a particular threat to press freedom, given the largely minimalist and statist interpretation that the Supreme Court of India has given to these laws. This has been compounded by the election and re-election of an autocratic populist government to Parliament, which has sought to use law as a means of ensuring …

Vol. 70, No. 5 (February 9, 2026)

Indiana Law Annotated

No abstract provided.

The Impact Of Central Bank Digital Currencies News On Bank Stability: Evidence From Asean-5 Countries, Firman Hidayat, Raditya Sukmana, Masrizal Masrizal, Rahmat Heru Setianto

Bulletin of Monetary Economics and Banking

This study constructs an index reflecting Central Bank Digital Currency (CBDC) news coverage and evaluates its impact on bank stability. The CBDC Attention Index (CBDCAI) is formulated based on more than 533 Reuters Digital News Report articles from 2019 to 2023. Employing the System Generalized Method of Moments (GMM) approach with data from 92 banks across ASEAN-5 nations, and implementing quantile regression for robustness checks, the findings demonstrate a significant relationship between the CBDCAI and bank stability, alongside variables such as bank size and capitalization. These results offer valuable guidance for central banks, especially within the ASEAN-5 region, as they …

Mediateart Training, Kukin Program For Conflict Resolution, Cardozo Fame Center, Volunteer Lawyers For The Arts

2026 Event Invitations

VLA's MediateArt Training Program is a two-day intensive workshop of basic mediation training for attorneys, artists, arts administrators, and other professionals with an interest or background in the arts.

Participants will learn effective mediation skills, particularly as they relate to art-related issues, through observing mock-mediations, engaging in mediation simulations, and receiving feedback from program faculty. The workshop will focus on "deal mediation" negotiation, facilitative leadership skills, and resolution of disputes without resorting to litigation.

Following completion of the program, participants will be eligible to take part as mediators in VLA's MediateArt Program as matters arise.

Season 2 Episode 9: Dark Patterns Dark Intentions, Sara Gras

Season 02

This episode features an interview with James Barton, a Seton Hall Law School student and member of the Seton Hall Law Review. We discuss his work-in-progress which focuses on the use of dark patterns and other manipulative design practices in the online sports betting industry.

In The Belly Of The Beast:The Struggle For Abortion Rights And Reproductive Freedom In El Salvador, Cho, Karen Hyunbee

Santa Clara Journal of International Law

El Salvador maintains one of the most restrictive abortion regimes globally. Abortion is prohibited in all circumstances, and women who undergo the procedure may face prosecution for aggravated homicide, punishable by sentences of up to fifty years’ imprisonment. Healthcare professionals who assist with such procedures can likewise face criminal liability, with penalties of up to twelve years of imprisonment. This article concerns the case of a woman named Beatriz (surname unlisted) in El Salvador who sought an abortion in 2013 when she was medically diagnosed with a high-risk condition and an anencephalic fetus during her pregnancy. She was denied her …

Regulating Reader(S): Book People V. Wong, Compelled Speech, And Sexually Explicit Library Materials In The Fifth Circuit, Gray Wood

Texas A&M Law Review

This Note analyzes the Fifth Circuit Court of Appeals’ recent holding in Book People, Inc. v. Wong, which struck down Texas Education Code Chapter 35. Passed under the 88th Texas Legislature’s READER Act in 2023, Chapter 35 instituted a mandatory rating system that required Texas book vendors to review the books they sold to district schools and open-enrollment charter schools for sexually explicit material. Book vendors banded together to oppose the law, arguing that it constituted compelled speech, a legal doctrine that has come to the forefront of First Amendment fights since the Supreme Court’s 2023 decision in 303 …

Three Economist’S Tools For Antitrust And Merger Analysis: Case Applications, Russell W. Pittman

Yearbook of Antitrust and Regulatory Studies

This paper presents a non-technical introduction to three economic tools that have in recent years become widespread in competition law enforcement in general and in the analysis of proposed mergers in particular: critical loss analysis, upward pricing pressure, and the vertical arithmetic. In addition, for each tool, its use in a recent U.S. merger case is illustrated: for critical loss analysis, the Novelis/Aleris merger; for upward pricing pressure, the GE/Electrolux merger; and for the vertical arithmetic, the Comcast/NBCU joint venture.

Digital-Era Dawn Raids And Proportional Enforcement Approach, Ahmed Saim Pehlivanli, Zeki Emre Kurt

Yearbook of Antitrust and Regulatory Studies

Dawn raids remain a cornerstone of competition law enforcement, yet their execution has grown complex in the digital era. Messaging platforms and remote devices increase the risk of on-site deletions, prompting authorities in Türkiye and the EU to adopt a strict-liability stance: any deletion after inspections begin is treated as obstruction per se, regardless of intent, recoverability or probative loss. While this maximises deterrence, it raises concerns of proportionality, privacy and legal certainty. This article argues that enforcement can remain effective and proportionate by shifting towards a harm-sensitive model. Drawing on Turkish and EU decisions, it highlights outlier cases in …

Genai And Repowereu: A Legal Framework For The Digital Transformation Of The Eu Energy Systems, Francesco Spera

Yearbook of Antitrust and Regulatory Studies

This contribution examines the potential and challenges of utilising AI, particularly generative AI, to accelerate the energy transition. To achieve this, the study considers the application of GenAI within the REPowerEU framework. The plan highlights the transformative role of digital technologies such as AI, IoT, data analytics, and cloud computing in orchestrating energy assets and improving grid management. In this context, GenAI has emerged as a revolutionary paradigm, enhancing system intelligence and efficiency. The paper assesses the deployment of GenAI under the REPowerEU legal framework, including the AI Act and sector-specific energy legislation. The contribution identifies the dual legal basis …

Doctrinal Intent Versus Institutional Reality: The Gulf Countries' Antitrust Objectives, Nora Memeti

Yearbook of Antitrust and Regulatory Studies

This paper examines the intriguing contrast between the ambitious goals of antitrust laws in the Gulf countries and the reality of their enforcement. While this region seeks to protect competition and curb monopolistic practices, only Kuwait and the Kingdom of Saudi Arabia (KSA) have made significant strides in achieving these ideals.

Through a comparative legal analysis, this paper examines how the statutory objectives of competition law in Qatar, Bahrain, Oman, and the UAE often remain more rhetorical than substantive, with enforcement primarily symbolic. In contrast, Saudi Arabia demonstrates some enforcement activity, although its alignment with legislative objectives remains uncertain. Kuwait's …

Lights, Camera, Algorithm: Ai's Intersection With Entertainment Law, Cardozo Entertainment Law Society, Cardozo Fame Center, Ai And The Law Society

2025–2026 Flyers

This panel brings together leading practitioners at the forefront of AI-driven change in the entertainment industry. Hosted in collaboration by the FAME Center, the Entertainment Law Society, and the AI & the Law Society, this panel explores how courts, contracts, and collective bargaining are shaping the rules for AI in music, film, television, and digital media—often in the absence of clear legislation.

Panelists:

• Len Egert '91 (Egert Law)

• Tal Dickstein '04 (Loeb & Loeb)

Seeing Beyond The Words: What Interdisciplinary Methodologies Reveal About International Law, Matthew S. Erie, Mark Pollack, Wolfgang Alschner, Beth Simmons, Katerina Linos

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: On April 24, 2025, the International Law and Social Science Interest Group debuted at the ASIL Annual Meeting with a panel that posed a deceptively simple question: how can social science tools advance the work of international lawyers? Chaired by Chantal Thomas, the session brought together Matthew Erie, Wolfgang Alschner, Beth Simmons, and Katerina Linos— scholars who bridge doctrinal and empirical inquiry—to show how ethnography, computational text analysis, counterfactual inference, and mixed-method design can illuminate legal puzzles that doctrine alone cannot solve. The four short essays in this symposium provide parallel illustrations of this core theme: Erie’s ethnographic approach …

Lights, Camera, Algorithm: Ai’S Intersection With Entertainment Law, Cardozo Entertainment Law Society, Cardozo Fame Center, Ai & The Law Society

2026 Event Invitations

This panel brings together leading practitioners at the forefront of AI-driven change in the entertainment industry. Hosted in collaboration by the FAME Center, the Entertainment Law Society, and the AI & the Law Society, this panel explores how courts, contracts, and collective bargaining are shaping the rules for AI in music, film, television, and digital media—often in the absence of clear legislation.

Panelists:

• Len Egert '91 (Egert Law)

• Tal Dickstein '04 (Loeb & Loeb)

Emergency War Arrangements In Asean: A Comparative Analysis, Ardi Susanto, Qurrata Ayuni

Indonesian Journal of International Law

The Hague Conventions include a general participation clause and is regarded as customary international law, meaning that ASEAN countries are considered bound by the norms contained within the convention. The declaration of war as stated in the Hague Convention III of 1907 was adopted in Article 11 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which, to date, has not provided further regulations governing the implementation of legislative and executive powers concerning the declaration of war. Therefore, it is necessary to look at the constitutional arrangements for the state of war in ASEAN countries through comparative law …

The Structural Obligations Approach To Human Rights, David Birchall

Indonesian Journal of International Law

This paper starts from the observations that access to socio-economic rights is retrogressing in many wealthy states and that human rights argumentation is failing to address the causes of this retrogression. The paper locates a core reason for this failure in an imbalance between narrow but forceful claim rights and inclusive but imprecise structural approaches. It builds a form of rights practice that merges the strength of each approach. It is predicated on five key principles: structural obligations should identify discrete rights-based problems that engender specific obligations upon feasibly obligated duty-bearers to make practicable changes to conduct to realise rights …

When Steamboat Willie Drifts Into Public Waters: Disney’S New Character Dilemma And What It Can And Cannot Do When Classic Characters Go Public, Logan D. Marx

Journal of Business & Technology Law

No abstract provided.