Digital Commons Network^™

Tiktok, The First Amendment, And Regulating Speech On The Internet, Marriah Binek

Roger Williams University Law Review

No abstract provided.

The Ten Commandments, Stripped Of Slavery, Exodus & Jubilee, Christopher D. Hampson

UF Law Faculty Publications

The Ten Commandments are back on public classroom walls and in federal court, after several states passed new laws requiring school districts to post the text. As attorneys, judges, and amici debate whether First Amendment law has changed enough since Stone v. Graham in 1980 to allow the posting of the ancient religious text, this Essay comes at the situation from an entirely different angle. The precise text proposed by the states might be a good example of “ceremonial deism,” but it removes biblical law from biblical narrative – and, in doing so, unsets the Ten Commandments from their original …

Child Exploitation Through Online Sharing: “Sharenting” And The Role Of The Pediatric Provider, Stacey Steinberg, Cameron Rosenthal

UF Law Faculty Publications

The alarming trend of “sharenting” highlights the need for increased vigilance in protecting children from online exploitation. When parents share intimate details about children’s lives on social media, they may inadvertently expose them to danger. Pediatricians are equipped to safeguard children from parental abuse and neglect; however, they are less prepared to protect children from harm caused by parents online.

When parents exploit children on social media, pediatricians face challenges in protecting patients while also following laws that maintain parental autonomy. Using a child welfare framework, this article defines these online harms and proposes strategies for protecting children from exploitative …

Environmental Monitoring Plan: For Work To Be Performed: July 1, 2026, Through June 30, 2027, Tennessee. Department Of Environment And Conservation

Environmental Monitoring Plans

The Tennessee Department of Enviornment and Conservation, Division of Remediation, Oak Ridge (TDEC DoR-OR), provides the annual Fiscal Year 2026 EMP for the period of July 1, 2026, through June 30, 2027. This report is submitted as a comprehensive plan for TDEC DoR-OR monitoring and assessment activities across the Oak Ridge Reservation, Oak Ridge, Tennessee, (ORR) in accordance with terms of both the Environmental Surveillance and Oversight Agreement (ESOA), as well as in support of activities being conducted under the Federal Facilities Agreement (FFA).

Grown-Ups, Grown-Downs, And Pan-Generationality, In Parents, Children, And The Ripples Of Transitional Justice (Kirsten J. Fisher & Caitlin Mollica Eds., 2026), Mark A. Drumbl

Books and Chapters

Until one becomes a grown-up, one perhaps remains a ‘grown-down’. Indeed, a refrain among concerns that have been raised about demobilization programmes for former child soldiers is that they treat former child soldiers as grown-downs, often even as infants, notwithstanding the experiences of these young people in terms of fighting and foraging and fending and fleecing which, indeed, surpass the kinds of challenges that many grown-ups ever face. In the end, then, as Grace Akello has poignantly demonstrated, many decommissioned child soldiers remain grown-downs who end up going down paths on which they shift from armed conflict to drift into …

From "Amateurs" To Employees: How Nil Has Reshaped The Employment Status Of College Athletes, Joey Griesinger

Wyoming Law Review

The emergence of Name, Image, and Likeness (NIL) compensation has fundamentally reshaped college athletics, exposing a growing disconnect between the National Collegiate Athletic Association’s (NCAA) “student-athlete” model and the economic reality of modern-day college athletics. While courts have historically deferred to the principle of amateurism, this Comment argues that NIL has eroded the factual and legal foundations underlying that deference.

This Comment reframes the employment-status inquiry through the Fair Labor Standards Act’s (FLSA) economic-reality test, arguing that many college athletes today meet the statutory definition of “employees.” Drawing on Johnson v. NCAA as a structured articulation of longstanding FLSA principles, …

The "Open" Door: A Comparative Analysis Of Gender Bias In Arbitration Within The Spanish And United States Women's National Soccer Teams, Madison Hausmann

Marquette Sports Law Review

No abstract provided.

House Rules: Arbitrating Nil In College Athletics, Kristen M. Blankley

Marquette Sports Law Review

No abstract provided.

Court Of Arbitration For Sport Under Scrutiny: Institutional Compromise Or Sports Justice?, Farqaleet Khokhar

Marquette Sports Law Review

No abstract provided.

Loper Bright Enterprises V. Raimondo's Effect On The Authority Of The National Labor Relations Board To Designate College Student-Athletes As Employees, Sophie E. Butler

Marquette Sports Law Review

No abstract provided.

The Price Of Secularism: Marginalization Of French Athletes And International Human Rights In Olympic Participation, Elizabeth M. Murphy

Marquette Sports Law Review

No abstract provided.

With Great Power Comes Great Vulnerability: The Impact Student-Athlete Employment Status Has On College Head Coaches' Nlra Coverage, Matt R. Gearheart

Marquette Sports Law Review

No abstract provided.

Could Nbcuniversal's Peacock Streaming Of Nfl Games Be Heading Towards Antitrust Violations Like Those Facing Live Nation And Ticketmaster?, Pamela B. Urlacher

Marquette Sports Law Review

No abstract provided.

Index, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Coming Out, Eliot T. Tracz

Minnesota Journal of Law & Inequality

No abstract provided.

High Expectations? Minnesota’S Cannabis Social Equity Statute Falters, Claire Cavanagh

Minnesota Journal of Law & Inequality

No abstract provided.

The Law’S Failure To Protect Our Drinking Water From Pfas, Emily Levine

Indiana Law Journal

How did per- and polyfluoroalkyl substances (PFAS), the forever chemicals known to harm human health and appear in most Americans’ blood, spread so widely in drinking water? Why didn’t someone with the power and knowledge to stop this crisis step in sooner? Simply imposing limits on PFAS levels in public water systems is the bare minimum to protect American drinking water—a necessary step but only the starting point of a long path toward creating a regulatory framework that can withstand the whims of changing presidential administrations and political influences.

     It is too easy for the EPA Administrator, either out of …

Shifting Structural Power: The Tech Energy Transition, Amy L. Stein

Indiana Law Journal

For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …

Interrogating The Facts Of The Case, Anna Roberts

Indiana Law Journal

Buried within many criminal judicial opinions is the origin of their “facts”—the interrogation room. Criminal law pedagogy should expose this origin. If we treat the alleged product of interrogation as “what happened,” as criminal cases (and professors) sometimes do, we obscure the ways in which interrogators are trained to incriminate and to co-create confessions. We also risk obscuring subsequent layers of reporting by police, prosecutors, or judges.

Recent scholarly literature urges criminal law professors to teach differently, warning that we distort, sanitize, and bolster the carceral state when we erase governmental agents and bypass procedure. Treating the “facts of the …

Misinformation And The Jury, Gustavo Ribeiro

Indiana Law Journal

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

Rooted In Family Unity: Advocating For U.S. Citizen Children As Qualifying Relatives, Kevin J. Henriquez

University of the District of Columbia Law Review

This paper advocates for expanding the scope of unlawful presence waivers under § 212(a)(9)(B)(v) of the Immigration and Nationality Act (“INA”) to include U.S. citizen offspring as “qualifying relatives.” Under current law, the waiver only recognizes hardship to U.S. citizens or lawful permanent resident spouses or parents, excluding offsprings entirely despite their central role in family life. This exclusion undermines decades of immigration policy prioritizing family unity and creates devastating consequences for mixed-status families, particularly where U.S. citizens, minors, or adults depend on undocumented parents for financial, emotional, or medical support. This paper traces the statutory and legislative history of …

Silos, Gaps, And Bridges: A Call To Action For Law Schools To Facilitate Collaboration Across The Curriculum At The Dawn Of The Nextgen Bar, Elizabeth Usman, Andrea Gemignani

University of the District of Columbia Law Review

Now is a time for action. With the advent of the NextGen bar exam and the recent changes to the ABA accreditation standards for law schools, which both focus on valuing practical legal skills, law schools have a unique opportunity. By coordinating practical and doctrinal content across the curriculum, law schools can ensure that all graduates are proficient in fundamental lawyering skills and prepared for both the bar exam and practice success. ...

Part I of this article examines the foundations of American legal education from apprenticeships to the emergence of the case study method. It then explores the calls …

Criminalizing The Platform: Fosta-Sesta, Internet Governance, And The Erosion Of Online Speech, Fenny Gandhi

University of the District of Columbia Law Review

For decades, sex work operated in the shadows—negotiated in alleyways, mediated by third parties, and shaped by constant risk. Today, much of it happens online, where a screen can mean the difference between autonomy and danger. But, when the law pushes an industry underground, it does not eliminate it; rather, it reshapes how it operates, often in ways that increase vulnerability and reduce accountability. Sex work is the exchange of specific sexual services for money. The experiences of people who engage in sex work are diverse and influenced by social structures and economic realities. The internet provides consensual sex workers …

Beyond Hipaa: The Ftc’S Expanding Role In Digital Health Privacy Enforcement, Sandhya Srinivasa

SMU Science and Technology Law Review

Consumer digital health platforms have become an increasingly prominent feature of modern health care, collecting and storing sensitive health information directly from users. Yet most of these applications operate outside the scope of the Health Insurance Portability and Accountability Act (HIPAA), creating a significant regulatory gap in the protection of personal health data. This case note examines how the Federal Trade Commission (FTC) has stepped into that gap by leveraging Section 5 of the FTC Act and the Health Breach Notification Rule (HBNR) to police privacy and data security practices among non-HIPAA-covered digital health platforms. Focusing on three landmark enforcement …

But Who Are The Victims? Reassessing The 568 Higher Education Cartel, James V. Koch

Economics Faculty Publications

Thirty prestigious independent American institutions of higher education were at some time members of the 568 higher education group (often labeled a cartel). Seventeen of them were sued by the U.S. Government and representative students who alleged that their meetings and deliberations resulted in collusion that caused students to pay higher prices. Twelve of the seventeen institutions subsequently settled their cases and by 2024 collectively had paid $284 million to do so. However, an inspection of these institutions' pricing reveals that the median 568 Group institution lowered its average real net annual cost to its undergraduate students by 19.07% between …

What Constitution? The Dual State Theory In Immigration Law & Practice, Elizabeth Keyes

SMU Law Review

Immigration law in the second Trump Administration has created profound disorientation and dissonance, where some legal matters proceed in largely familiar ways, and others seem to occur in an entirely new dimension. This Article avails itself of Ernst Fraenkel’s Dual State theory to examine this dissonance. It argues that a duality exists in U.S. immigration law today between the federal courts and the administrative immigration system. In Fraenkel’s terms, constitutional challenges to immigration policies and individual habeas cases demonstrate important features of the Normative State, one that is consistent with the Rule of Law. By contrast, the administrative system—comprising the …

When Planes Fall And People Die: An International And Domestic Overview Of Disaster In The Sky, Clayton Rainey

Journal of Air Law and Commerce

Commercial aviation disasters expose catastrophic breakdowns in engineering, regulatory oversight, corporate governance, and human systems. From the Boeing 737 MAX tragedies involving Lion Air Flight 610 and Ethiopian Airlines Flight 302 to the recent domestic crash of American Airlines Flight 5342, modern aviation disasters have become defining legal events that test the boundaries of product liability, federal preemption, sovereign immunity, and transnational treaty law. This Article examines how aviation mass-casualty events evolve into complex litigation involving aircraft manufacturers, airlines, regulatory agencies, and governmental entities, and how those legal frameworks differ in international versus domestic contexts.

Beyond legal doctrine, this Article …

Ai Can't Adlib: Theorizing An Improvisation Carveout In The Work For Hire Doctrine, Audrey Pope

IP Theory

AI-generated actors and digital replicas are an increasingly pressing concern in the filmmaking industry. While this technology is only one of the myriad ways that generative AI is set to change Hollywood, debates about its use reflect a throughline in debates about AI generally: Can this technology do a convincing, much less desirable, job of what humans have done before? This Article argues that, at least in one particular context, the answer is no. It focuses on the art of adlibbing. It explains the unique position of improvisation within copyright law and proposes one mechanism—a carveout in the work for …

Recentering Creativity In Copyright Law Discourse, Joshua Yuvaraj

IP Theory

Copyright discourse often centers around creativity; as a rationale for copyright, and as a threshold for copyright to subsist in songs, books, art and other creative works. Yet creativity remains an ethereal concept: if we do not know what it means, we cannot evaluate whether copyright law is promoting it, nor can we properly understand what it means for a work to be "creative" where that is required for copyright to subsist. An emerging strand of copyright discourse seeks to respond by examining scientific insights into the cognitive process of creativity to highlight how copyright law should be reshaped to …

Regulating Drone Delivery Networks, Ramsay Eyre

Journal of Law and Mobility

For over a decade, drone delivery has been heralded as the next frontier of commercial transportation and logistics. However, drone delivery companies have been unable to scale their operations. Part of the problem, from the perspective of the companies invested in drone delivery, were federal regulations that in effect prohibited drones from making deliveries. In 2025, following years of effort by industry and allies in Congress to create new rules governing drones, the second Trump Administration proposed a new set of drone regulations pursuant to the FAA Reauthorization Act of 2024. These rules are intended to significantly expand the number …