Digital Commons Network^™

The Growing Divide: The Video Privacy Protection Act’S Inconsistent Subscriber Standard And The Need For Reform, Andrea Pacheco

American University Business Law Review

The Video Privacy Protection Act of 1988 (“VPPA”) has been brought into the twenty-first century due to a series of class action lawsuits surrounding consumer privacy rights in an increasingly digital world. A circuit split has emerged among the federal appellate courts on the meaning of the word “subscriber” under the VPPA and whether the statute’s protections should extend to casual users of goods and services provided by videotape service providers. The outcome of this debate carries significant implications for consumer privacy and business compliance obligations due to the escalation of business practices involving the collection of consumer data and …

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

The Tech-Nuclear Renaissance: A New Critical Juncture For American Nuclear Energy Policy, Henry P. Otte

CMC Senior Theses

Nuclear energy has re-emerged as a central priority in American energy policy. This thesis examines the Trump administration’s efforts to support nuclear energy development and plant restarts, and asks whether today’s nuclear renaissance represents a critical juncture for nuclear energy policy. By analyzing American, French, and Swedish nuclear energy history, this thesis applies a three-variable analytical framework, state autonomy and administrative structure, political permeability, and crisis influence, to identify the institutional conditions necessary for durable policy change and evaluate the structural characteristics of this new environment. The central finding is that today’s push is distinct from prior attempts at expansion, …

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

All Faculty Scholarship

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 …

Inside, Outside, And In Between: Black Homeplace As A Blueprint For Privacy Law, Nina-Simone Edwards

Library Scholarship

This essay reimagines the meaning of home and privacy for Black Americans by interrogating the legal and technological systems that routinely collapse the sanctity of the homeplace. Using the no-knock warrant as a central case study, this essay illustrates how state-sanctioned intrusions transform a space of rest, memory, and self-making into a site of violence. Although Fourth Amendment doctrine purports to guard against unreasonable searches, its prevailing binary framework–distinguishing only between “inside” and “outside” the home–renders Black domestic spaces uniquely vulnerable. Drawing from Critical Race Theory, particularly its social construction thesis, this essay shows how race, law, and technology co-produce …

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …

What Is Terrorism?, Karl T. Muth, Alice Locatelli

Journal of Air Law and Commerce

Is Gotham's Joker a terrorist? What about a school shooter? As we approach the twenty-fifth anniversary of the 9/11 attacks, the United States still lacks a monolithic legal definition of 'terrorism,' creating a dangerous 'motive gap' between federal statutes. This Article analyzes the friction between the motive-heavy definition of 'domestic terrorism' in Title 18 (which includes a mens rea aspect) and the conduct-focused definition of 'terrorist activity' in Title 8 (which focuses on overt acts). Using the hijacking of Flight 93 and the Columbine shootings as case studies, we demonstrate how Title 18's political requirement creates a coverage void for …

Not Quite Fit To Fly: A Reflection On Due Process And Agency Rulemaking In The Faa’S Approach To Pilot Certification, Emily Ryter

Journal of Air Law and Commerce

Judicial and legislative involvement in agency rulemaking is a relevant and particularly salient topic. The authority of an agency to make sound policy with flexibility and discretion often comes into conflict with the judiciary’s duty to prevent arbitrary regulations, which lack solid evidence or convincing rationale. Considering that more than three million passengers fly every day, it is no surprise that establishing a robust certification process for pilots is among the Federal Aviation Administration’s top priorities. The courts and the Legislature have also recently made notable strides to exert more control over the standards for medical certification. In July, the …

Decluttering The Orbital Commons: A Proposal For The Regulation Of Privately Created Space Debris, Rose W. Cobey

Journal of Air Law and Commerce

Space is one of the only resources shared by every person in every country at all times. The problem of space debris is therefore one that affects everyone living on our planet. Scientists and politicians have warned about crowding, collisions, and murky liability for decades, and each of these issues will only worsen without intervention. Space debris has caused damage on Earth since the Space Race, and it now endangers people and property in orbit. We are at an ever-increasing risk of building a wall around our planet and locking ourselves inside. In the last ten years, a new wrinkle …

Banking Vs. Tech: The Fight For The Future Of Money, Gopika Shah

Case Western Reserve Law Review

No abstract provided.

Keynote Address – Dei Executive Orders, Dear Colleague Letters, And The Constitution, Bryan Adamson

Case Western Reserve Law Review

No abstract provided.

Introduction – Academic Freedom And Vulnerability, Elizabeth L. Rosenblatt

Case Western Reserve Law Review

No abstract provided.

Essay – When Disability Is Different: Reasonable Accommodations And Higher Education Dei, Katherine A. Macfarlane

Case Western Reserve Law Review

No abstract provided.

Academic Freedom’S Demise, Ruth Colker

Case Western Reserve Law Review

No abstract provided.

Banned, Burned, And Bound: Increasing Protections Surrounding Students’ Right To Receive Information In K-12 Schools, Catherine A. Mcclure

Case Western Reserve Law Review

No abstract provided.

Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams

Case Western Reserve Law Review

No abstract provided.

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Unplanned Obsolescence: The Dismantling Of Inter Partes Review At The U.S. Patent And Trademark Office, And What To Do About It, Elizabeth R. Ward

Emory Law Journal

Inter Partes Review (IPR), one of a set of administrative mechanisms used to review the validity of a patent after it has been granted, was once considered a key tool for patent litigators as an alternative to district court litigation. Beginning in early 2025, the U.S. Patent and Trademark Office (USPTO) Director introduced a series of administrative rule changes involving “discretionary denial,” or the ability to deny institution of IPR proceedings. As a result, IPR has been rendered nearly unusable: the institution rate for an IPR petition has fallen from 68% in 2024 to 4% as of December 2025.

This …

Trophy Assets, Aneil Kovvali

Articles

Rich people like to own things that make them look cool. When the thing in question is a car, house, or boat, the implications are limited. But sometimes very rich people own assets that are more important. Within media, Elon Musk acquired Twitter, Jeff Bezos ac-quired the Washington Post, and Patrick Soon-Shiong acquired the Los Angeles Times. There has also been a craze for aerospace: Musk with Space X, Bezos with Blue Origin, Richard Branson with Virgin Galactic, and going back further, Howard Hughes with Hughes Aircraft Company. It is often difficult to understand the behavior in purely finan-cial terms, …

Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood

Articles

As formerly colonized states began to win their independence in the mid-twentieth century, a growing chorus of voices called on museums in London, Paris, Berlin, and other European cities to return objects taken during the colonial period. Having largely ignored these requests until recently, museums throughout Europe and the United States have begun negotiating returns of these objects to their rightful owners. There is a growing recognition among Western cultural institutions that continuing to hold cultural heritage objects taken under conditions of coercion or violence is morally untenable. More recently, some scholars have argued for a human rights approach to …

Regulating Robotaxis, Bryant Walker Smith, Matthew T. Wansley

Articles

In several sunbelt cities, commercial robotaxi service has arrived. The leading robotaxi company is providing over 400,000 trips per week. The industry claims that robotaxis will save lives and provide convenient and affordable mobility. Critics counter that they will increase congestion, undermine transit, and subject the public to ubiquitous surveillance. We argue that the social impact of robotaxis depends on how they are regulated. We emphasize two points missing from the debate. First, some of the benefits of robotaxis may be political rather than technological—some longstanding public policy goals may become viable in a robotaxi world. Second, letting one private …

How The U.S. Constitution Shapes International Tax Law: Instrument Choice In Tax Agreements, Noam Noked, Young Ran (Christine) Kim, Reuven S. Avi-Yonah

Articles

The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines the implications of Senate supermajority requirements on bilateral and multilateral tax treaties and agreements, alternative instruments, relevant international tax standards, and global tax governance.

Historically, tax treaties have been approved exclusively as Article II treaties requiring Senate approval. The difficulty of entering into treaties with the United States has influenced the instrument choice and design of U.S. and international tax standards. To address this challenge, several U.S. and international tax reforms have employed …

Binding The Visual Experience Of Law, Nicholas Mignanelli

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin

Human Movement Studies & Special Education Faculty Publications

Introduction

Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.

Aims

This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.

Methods

Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.

Results …

Beyond Exposure: Belief In Police Misinformation, Media Consumption, And Support For Policing Reform, Linda Balcarova Dietz

Electronic Theses & Dissertations (2024 - present)

In today’s post-truth era, misinformation has become a central feature of modern society. While not a new phenomenon, the 2024 Presidential election demonstrated what a serious problem it represents, as public perceptions were driven more by information they received (true or false) than by objective social conditions. Policing is one of the most debated topics in criminal justice, dividing public opinion along partisan and racial lines. Studies show that the information people receive about police shapes their attitudes, yet criminologists have largely overlooked how misinformation may influence those views. This dissertation fills that gap by experimentally testing how exposure to …

Reframing The Sec’S Disqualification Waiver Decision-Making Process To Protect The Public Interest, Kayla A. Winters

Emory Law Journal

Federal securities law aims to protect investors and the public from fraudulent securities transactions. If an actor violates these laws, the public bears the costs through investor losses, market volatility, reduced economic activity and growth, and general distrust in the market. Entities that face securities enforcement for violations bear sanctions like civil monetary penalties and disgorgement of ill-gotten gains. They also experience collateral consequences, such as disqualifications, that are automatically triggered by the imposition of sanctions or criminal conduct. The purpose of disqualifications is to enable the Securities and Exchange Commission (SEC) to safeguard investors and capital markets from issuers …

A Compulsory License Is Not Enough: How Implementing A Statutory Limit Can Reduce Costs And Increase Creativity In Music, Muntasir Ali

Emory Law Journal

Music sampling has been a staple in the hip-hop and electronic genres for decades, yet artists continue to struggle with legal and economic barriers to sampling others’ works without facing copyright infringement liability. Because copyright law recognizes two distinct types of copyrightable works for music—musical compositions and sound recordings—artists must clear both copyrights to have a legal sample. The existing sample licensing regime is prohibitively expensive, time-consuming, and convoluted, often creating a “holdout” problem where just one party can prevent the release of new, creative music. This has led to “cultural erasure” in the digital streaming era, where seminal works …

Clawbacks As Ransomware Deterrence, Samantha Blond

Oklahoma Law Review

No abstract provided.

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

Articles

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …