Digital Commons Network^™

Game Changer: College Athletes’ Employee Status In Light Of Johnson And The Changing Ncaa Landscape, Emily C. Bracht

Journal of Business & Technology Law

No abstract provided.

Put Your Money Where Your Vote Is: An Analysis Of Election Betting In The United States, Ellelyshia Ardo

Journal of Business & Technology Law

No abstract provided.

Antara Idealisme Dan Pragmatisme: Hukum Yang Efisien Sebagai Sarana Pembangunan, Reynaldi S. Prayoga

Jurnal Hukum & Pembangunan

This articles aims to analyze the Development Law Theory through the lens of efficiency in Economic Analysis of Law (EAL), particularly by employing the concept of welfare maximization and offering legal criteria as a means of development. The Development Law Theory formulated by Mochtar Kusumaatmadja emphasizes the function of law as an instrument of social reform to support national development. In practice, however, the will of those in power claimed to be part of the development agenda has often been justified through the use of legal instruments, thereby riskingthe obscuring of social objectives of development itself. This is due to …

Pills, Powders, And Proprietary Blends: The Ip And Regulatory Battle Over Dietary Supplement Transparency, Anna Marie Saunders

Journal of Intellectual Property Law

Available in the form of pills, powders, gummies, bars, and countless other options, dietary supplements have become a cornerstone of the health and wellness industry and a popular product amongst health-conscious consumers. Fueled by the rise of social media influencers and a surge in health-awareness following the COVID-19 pandemic, the supplement industry has experienced rapid growth, evolving into a multi-billion-dollar market.  While widely embraced, these products often face criticism due to labeling and marketing practices that leave  consumers with an incomplete understanding of exactly they are consuming.  This tension arises from the unique legal intersection governing dietary supplements.  These products …

A Shareholder’S Guide To Blowing Up 100 Years Of Delaware Corporate Law: Intellectual Property And Corporate Governance After Delaware Senate Bill No. 313, Avery C. Hill

Journal of Intellectual Property Law

This note examines the intersection between shareholders agreements and intellectual property ownership in Delaware corporations after Delaware Senate Bill No. 313. Delaware corporate governance law has created extensive statutory and case law balancing the competing interests of corporate actors. The board of directors maintains an exclusive right to manage the affairs of a corporation, unless otherwise provided in the certificate of incorporation. Delaware law defers to director’s management authority through the business judgement rule, but fiduciary duties govern a director’s responsibly to shareholders. Shareholders maintain rights such as voting for the board of directors, receiving distributions, and selling shares, but …

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Journal of Intellectual Property Law

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

The Free Content Illusion, Jonathan M. Barnett

Journal of Intellectual Property Law

Conventional scholarly wisdom tends to discount the importance of copyright as a tool for delivering remuneration to the artists that sustain the digital creative ecosystem or as an enabling mechanism that facilitates the licensing, distribution, and financing transactions that constitute the economic infrastructure of the media and entertainment industries. This position runs counter to the evolution of digital content markets, which have experienced renewed investment and growth concurrently with the development of technological tools that have enabled content owners to correct for the “copyright deficit,” regulate access, and extract payment from platforms and users. This result conforms to standard economic …

Debt’S Dominion: A New Epilogue, David Skeel

BYU Law Review

This Essay, written for the “Who Governs Debt’s Dominion” symposium, looks back on Debt’s Dominion: A History of Bankruptcy Law in America as the twenty-fifth anniversary of the book’s publication nears. The Essay begins, in Part I, by briefly describing how Debt’s Dominion came about. Part II identifies and seeks to explain a striking decline in optimism about American bankruptcy law since Debt’s Dominion was first published. Part III explores a few of the major recent developments in consumer bankruptcy, small business bankruptcy, and large-scale corporate reorganization that I would have analyzed in the book if it were written today. …

Green Rules, Fragmented Fields: Member-State Approaches To Sustainability In Eu Competition Law, Niccolò Galli, Armando Santoni

Yearbook of Antitrust and Regulatory Studies

This article provides a comparative, normative-evaluative examination of how sustainability is being incorporated into European competition law. Combining doctrinal legal analysis with economic reasoning, it clarifies competing definitions of sustainability, maps the contest between the consumer-welfare paradigm and sustainability proponents, and evaluates the legal and institutional implications of the Commission’s 2023 Horizontal Cooperation Guidelines. Drawing on national initiatives across Member States plus the UK, the study highlights contrasting instruments, from Austria’s statutory environmental exemption to the Dutch soft-law safe harbour and Greece’s experimental sustainability sandbox, and shows how these divergent approaches produce fragmentation and legal uncertainty for cross-border cooperative initiatives. …

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Vacancies Filled By Voters’ Voices: A Call For Open Special Elections With Ranked Choice Voting In New York, Fordham Law School Rule Of Law Clinic, Dani D'Annunzio, Dawn Edelman, David Zwick

Rule of Law Clinic

New York’s special election system for filling vacancies in the U.S. House of Representatives and the State Legislature excludes voters from the candidate selection process. Instead of voters selecting nominees, political party leaders designate their parties’ respective candidates. In this report, the Fordham Law School Rule of Law Clinic recommends reforming this system by implementing open special elections using ranked choice voting. All candidates who meet petition signature requirements, regardless of party affiliation, would compete in a single election. This reform would improve participation, representation, and accountability without sacrificing efficiency.

Deepfake Liability, Ayelet Gordon-Tapiero, Yotam Kaplan, Gideon Parchomovsky

North Carolina Law Review

No abstract provided.

International Arbitration & Artificial Intelligence: Opportunities,Challenges,And Evolving Regulations, Martínez Quintanilla, Javier Antonio

Santa Clara Journal of International Law

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in …

Trade, Tariffs, Sanctions, And Security: A Framework For Judicial Review, Cory Alexander Evans

UF Law Faculty Publications

National security and international trade, and their intersections, have become critical focuses for recent administrative action. It was once rare to invoke national security as a justification for tariffs and restriction on foreign investment, but it has now become increasingly common. Courts reviewing these measures have largely defaulted to deferential approaches developed in an earlier era—one in which such actions were infrequent and rarely litigated. But in an era where assertions of national security are more common, this dogmatic jurisprudential approach lacks coherence. A new framework is needed to better guide judicial review.

This Article proposes that new framework. It …

The Free Exercise Of Religion As A Privilege, Kyron Huigens

Georgia State University Law Review

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

Regulating Foreign Political Advocacy, John J. Martin

North Carolina Law Review

No abstract provided.

The 107 Longest Supreme Court Cases, Benjamin H. Barton

North Carolina Law Review

No abstract provided.

The Poly Problem In Zoning: Redefining "Family" For A Changing Society, Aric K. Short, Tanya Pierce

Faculty Scholarship

Single-family zoning has long dictated not only where people may live but also with whom. Although extensively critiqued for perpetuating racial and economic exclusion, these laws also privilege relationships defined by blood, marriage, or adoption and marginalize nontraditional families. This Article focuses on a particularly overlooked group: polyamorous families who often face legal uncertainty, social exclusion, and housing discrimination due to restrictive zoning definitions of “family.”

As polyamory gains cultural visibility and increasing legal recognition—through West 49th Street, LLC v. O’Neill and municipal reforms in cities like Somerville and Cambridge—now is the time to examine zoningÊs role in reinforcing outdated …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Transforming Blood Management Systems In Developing Countries Through Technological And Artificial Intelligence-Driven Innovations, Sandeep Bhargava, Shaun Aaron Abram, Srividhya Ragavan

Faculty Scholarship

It is critical to ensure the safe and quality supply of blood among various stakeholders; however, this remains a significant challenge in today’s world, especially in developing countries. These countries face severe problems, including blood shortages, fragmented regulatory frameworks, and inconsistent quality control measures. To tackle these challenges, countries like India are trying to implement the use of artificial intelligence (AI) and its derivative platforms to transform blood collection, testing, storage, and distribution by enabling interoperability, real-time compliance monitoring, automated donor screening, optimized inventory management, and advanced component separation. The article argues that developing countries must adopt both regulatory reform …

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Conditions Of Vulnerability: Interpreting Social Condition Discrimination, Colleen Sheppard, Geneviève Plumptre, Hannah Reaburn

Dalhousie Law Journal

At a time of deepening structural inequality, it is important to develop human rights categories that respond to the needs of diverse social groups living in conditions of vulnerability. One source of protection, aimed at countering the exclusion and maltreatment of people who are socially or economically disadvantaged, is the addition of “social condition” as a prohibited ground of discrimination. Québec, the Northwest Territories, and New Brunswick have such protection in their anti-discrimination laws. In this article, we argue that the social condition ground is an important tool for redressing intersectional, group-based vulnerabilities that do not fit readily into traditional …

Empowering The Energy Transition In Rural Electric Cooperatives, Katrina Smith

North Carolina Law Review

No abstract provided.

Publicity Rights After Warhol, Mark Bartholomew

Journal Articles

Andy Warhol has been proclaimed the most important artist of the twentieth century, but his influence extends farther than the art world. Given his renown, judges have cited his work, including his reworkings of celebrity photographs, as quintessentially protected expression. But this may be changing with the Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith, which curtails the ability of creators to claim “transformative” fair use when they borrow aspects of a copyrighted work for commercial purposes. Moving beyond the decision’s copyright implications, this Article explores its potential ripple effect on publicity rights law. Although publicity rights …

Crypto-Influencer Liability, Nicole Pecharsky, Moin A. Yahya

William & Mary Business Law Review

The growth of celebrities endorsing cryptocurrencies over the past few years has resulted in many lawsuits and regulatory actions against them. This Article examines some of these recent actions using Google Trends as well as insights from scholarly marketing literature. We suggest that while celebrities can have an influence on the public in terms of searches and interest in cryptocurrencies, such influence is more nuanced. The impact of celebrity endorsements depends on how the public perceives the celebrity both in terms of their fame and their expertise. As such, any legal or regulatory actions will have to account for these …

Changing Duress: Giving Heirs Of Holocaust Victims An Easier Path To Recover Their Predecessors' Property, Jonathan M. Woolston

William & Mary Business Law Review

As claimants continue to come forth asserting claims for artworks their predecessors owned before the Holocaust, they run up against difficulties in trying to reclaim the property. While oftentimes it is not difficult to negotiate an informal return of property due to the immense public pressure and stigma on Nazi-looted works, more complex cases arise when artworks were sold to finance escape from the impending horrors of the Holocaust. In these situations, claimants face much greater difficulties in reclaiming the artworks. For one, the doctrine of duress prevents contracts from being voided if that duress was not applied by a …

From Care To Capital: Rethinking Resilience In The Philippine Labor Export System, Alexa J. Abendano

Senior Theses

Global migration has been a defining feature of the neoliberal world economy due to its ability to transform how nations manage care, labor and survival across borders. Within this system, the Philippines stands out as a country that has institutionalized labor migration as a development strategy since the 1970s. This paper examines how the Philippines states labor export policy shapes the vulnerability and resilience of migrant care workers, specifically those employed as domestic helpers in Hong Kong. By drawing on scholarship about global care economies, remittances, precarity, neoliberalism and resilience, this paper analyzes how emotional and reproductive labor are commodified …

Law Library Blog (February 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Priority Without Progress: The Fda's Neglected Tropical Disease Voucher Program After 18 Years, Maple Goh, Kevin Outterson, Aaron Kesselheim

Faculty Scholarship

Introduction: To incentivize drug and vaccine development for neglected tropical diseases (NTDs), US Congress created the Priority Review Voucher (PRV) program in 2007. Sponsors that obtain Food and Drug Administration (FDA) approval for an eligible product receive a voucher redeemable to accelerate review of another product.

Methods: We reviewed the program’s public health impact by examining all 14 vouchers awarded for NTD products between 2007 and 2024, including the timing of FDA approval relative to World Health Organization (WHO) Prequalification, Essential Medicines List inclusion, first use in endemic countries, and voucher disposition.

Results: Eight (57%) achieved WHO …