Digital Commons Network^™

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 …

Fundamental Rights Betrayed: How Pregnancy Exclusions In Advance Directive Statutes Silence Pregnant People’S Wishes, Molly Hill

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: In 2013, Marlise Muñoz collapsed at her home and was rushed to the hospital, where the doctors informed her family that she had suffered a pulmonary embolism and was now brain-dead. Marlise had previously expressed to her family that she never wished to be kept on life support if she was left brain-dead, so her family wanted to honor her wishes. However, despite her irreversible brain death, because Marlise was fourteen weeks pregnant, Texas law required that her body remain on life-sustaining treatment until her fetus became viable. Her body lay in the hospital hooked up to machines against …

Cedaw's General Recommendation No. 37: A Sweeping Reconceptualization Of Women’S Rights In The Climate Crisis And A Tool To Assess State’S Compliance With Them, Ingrid Nifosi-Sutton

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: Climate change is one of the most formidable challenges of our time that threatens our way of life and the very existence of humankind. While climate change has negative impacts on all persons, it affects women and girls disproportionately. During floods and severe storms fueled by climate change, for example, women are more likely to die than men because they lack access to essential information on how to survive in these emergencies. In certain regions of the world—such as Sub-Saharan Africa—women smallholder farmers are bearing the brunt of climate change because, in the aftermath of droughts, these women have …

In Its Right Mind - Governance Of Social Superintelligence, David Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

This Comment argues that a broad presumption of public access to court  documents is essential to preserving the legitimacy and constitutional values  of the American legal system. Although the principle of public access is  rooted in common law and constitutional tradition, individual states differ in  how they approach transparency in the context of court documents. These  jurisdictional inconsistencies continue to gain significance, as the digital age  has completely transformed the way people consume information. The  increasing digitization of court records has heightened the need for consistent  and constitutionally grounded standards that preserve transparency while  adequately protecting legitimate privacy interests. Florida’s …

The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman

Scripps Senior Theses

Trauma can profoundly influence behavioral presentation, yet jurors often rely on demeanor as a diagnostic cue for guilt, credibility, and remorse. Such reliance poses risks within a legal system that seldom equips jurors to interpret trauma related behaviors accurately. The proposed study will examine how two trauma-linked affective presentations– overemotionality and flat affect– shape juror perceptions of credibility and guilt, and whether expert psychological testimony about trauma-related affect can mitigate these biases. Online survey participants will read one of five trial vignettes with varying defendant conditions (flat affect vs. overemotional) and varying expert testimony conditions (present or not present) and …

Values Primacy & Total Governance Through Activism, Carliss N. Chatman, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

In the aftermath of George Floyd’s murder, public companies swiftly pledged sweeping equity commitments—only to abandon them under political and market pressure. These reversals were not aberrations. They were opportunistic, performative, and reactionary marketing responses. They expose a governance regime in which stakeholder interests are structurally reversible because they remain doctrinally optional, lacking the institutional interlock needed to create binding accountability across stakeholder roles.

This Article explores how stakeholder power is already embedded in corporate governance through interlocking initiatives grounded in shared values. Stake-holder activism—boycotts, proxy votes, viral campaigns—is not merely expressive; it is an overlooked form of governance. Drawing …

American Loopholes: What Are They, And How Do We Close Them?, Tanner L. Martin

Wyoming Law Review

This Comment examines the existence and impact of alleged loopholes within American gun control laws and explores how these gaps may affect Constitutional rights, legal enforcement, and public safety. In addition to identifying trends in American gun ownership, including patterns of purchasing, possession, and regulatory compliance, this Comment analyzes the current legal standards that determine who is disqualified from owning or possessing a firearm under federal law. These categories include individuals with certain criminal convictions, domestic violence restrictions, or mental health adjudications, and how those legal standards are applied in practice.

Beyond the legal framework, this Comment also considers the …