Digital Commons Network^™

Who’S In Charge Here?: Collegiate Athletics After The House Settlement, Pamela Ko

Touro Law Review

The House v. NCAA settlement, which was approved in June 2025, paved the way for groundbreaking changes to the National Collegiate Athletic Association (NCAA) and the implementation of its rules and regulations related to athlete rights, including transformative levels and types of student-athlete compensation that have never been permitted in the history of college sports. These changes fundamentally altered the relationship between many Division I student-athletes, educational institutions, athletic conferences, and the NCAA. This Article will discuss both the short and long-term impacts of the House settlement while analyzing both the continuing role of the NCAA and the role of …

Higher Education’S Legal Reckoning: The Institutional Lawyer—More Than A Trend, Jenean Taranto

Touro Law Review

Higher education institutions (IHEs) operate in an increasingly complex legal and regulatory environment that has transformed institutional governance, administration, and leadership. Since the enactment of the Higher Education Act of 1965, colleges and universities have experienced growing federal, state, and quasi-regulatory oversight, a phenomenon commonly described as the “lawyerization” of higher education. This process has resulted in expanded compliance obligations, increased litigation risks, and greater reliance on legal expertise within institutional operations. Recent federal actions following the inauguration of President Donald Trump in January 2025— including executive orders, agency guidance, policy memoranda, and related litigation—have intensified regulatory uncertainty and further …

Kilka Uwag O Efekcie Zachęty W Ramach Rozporządzenia W Sprawie Wyłączeń Blokowych, Bartosz Wojtaczka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Efekt zachęty stanowi jeden z kluczowych warunków udzielania pomocy publicznej w ramach Rozporządzenia 651/2014. Praktyka stosowania przepisów dotyczących efektu zachęty, pomimo braku zmian normatywnych, podlega ewolucji, co niekoniecznie znajduje odzwierciedlenie w praktyce krajowej. Celem artykułu jest zwrócenie uwagi na te aspekty efektu zachęty, które przeszły ewolucję w ciągu ostatnich 10 lat. Ich dostrzeżenie i zastosowanie przez organy krajowe będzie miało znaczenie także z perspektywy nowego rozporządzenia w sprawie wyłączeń blokowych. Opublikowany przez Komisję Europejską projekt zakłada bowiem utrzymanie w mocy części dotychczasowych rozwiązań prawnych.

Relevance Between Strict Liability Theory And Banking Crimes In The Transfer Of Customer Funds: Negligence And Intent, Astrid Athina Indradewi, Evi Kongres, Ananda Chrisna D. Panjaitan, Evelyn Hutami Gunawarman

Research Collection Yong Pung How School Of Law

This article discusses the relevance of the Strict Liability theory to banking crimes in the transfer of customer funds involving elements of negligence as well as intent committed by bank managers. Strict liability places responsibility on the perpetrator without the need to prove fault, but rather by establishing a causal relationship between the act and the harm. In the context of civil law, Articles 1365 and 1367 of the Indonesian Civil Code recognize a form of liability resembling this concept through the mechanism of vicarious liability, whereby the bank as employer may be held liable for the unlawful acts of …

Dental Professionalism In A Changing World: Challenges & Opportunities, Robert P. Iovino, Dds, Ma Dds, Ma

Journal of the American College of Dentists

This manuscript examines the erosion of traditional dental professionalism amid rising educational costs, declining membership in professional associations, and the growing influence of corporate ownership and private equity in dentistry. Drawing perspectives from economics, sociology, philosophy, law, and ethics, it traces the historical development of professional licensure and its role in safeguarding clinical autonomy, ethical integrity, and public trust. The analysis highlights how deregulation and profit-driven practice models challenge the profession’s social contract. The manuscript argues that preserving strong civic institutions, restrictive licensure standards, and humanities-informed education is essential to sustaining dentistry as a learned profession rather than a commodified …

Accountability For Lawyers And Lawyer-Bashers: Reflections On Wendel's Canceling Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This article is part of a symposium on W. Bradley Wendel’s Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. I agree with Wendel’s two fundamental claims: first, and contrary to the reigning conception, lawyers can be held accountable for choosing to represent a particular client (assuming they have a choice), and therefore that they cannot use their professional role as a “magic shield or force field” (Wendel’s term) to deflect all criticism. Second, however, there is also an ethics of blaming, and critics who blame lawyers irresponsibly can themselves be blamed. One of Wendel’s examples is lawyers who …

Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling

Georgetown Law Faculty Publications and Other Works

Since the emergence of modern clinical legal education, law school clinics have periodically faced political interference in their selection of clients and cases, interference that threatens clinics’ essential dual missions of training practice-ready lawyers and providing legal services to marginalized clients who would otherwise lack representation. While such pressure is not new, contemporary threats differ in scale and institutional form. Today, funding, oversight, and enforcement mechanisms are weaponized in an attempt to discipline universities, heightening institutional anxiety and prompting some universities to contemplate preemptive constraints on clinic autonomy in the name of risk management and reputational protection. This shift to …

Trolling The Rule Of Law: Presidential Lawfare, The Stalingrad Defense, And The Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This paper, part of a symposium on presidential lawfare, examines the so-called “Stalingrad Defense”—a strategy of total procedural obstruction—within the broader phenomenon of rule-of-law backsliding facilitated by legal professionals. By exhausting judicial resources and weaponizing procedural delays on behalf of political leaders, such lawyers do not merely defend a client; they actively participate in subverting the institutional foundations of democracy. I argue that the standard conception of legal ethics, which emphasizes neutral partisanship and zealous advocacy, is fundamentally inadequate to capture the wrongfulness of lawyers who use legal tools to dismantle the legal system itself. In its place, I propose …

Between Borders - The Realities Of Immigration Limbo, Jennifer C. Valenzuela

Honors Undergraduate Theses

In this research, I looked into different immigration pathways in the United States and determined different characteristics from those pathways that might be leading the Latino population into a limbo status. With the Latino population being the largest minority group in the United States, and the continuously growing number of Latino immigrants, I decided to do this research to spread awareness of possible barriers and struggles that Latinos might face when applying for an immigration pathway. I researched the different immigration pathways, focusing on Asylum, TPS, and Family Reunification, to understand the requirements that each requires to apply and the …

A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson

American Indian Law Review

No abstract provided.

With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck

American Indian Law Review

No abstract provided.

Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime

American Indian Law Review

No abstract provided.

Native Gifts In An Electric Universe: Exploring Tribal Sovereignty Through Digital Data, Spectrum, And Technological Imaginings, Michael Johnson

American Indian Law Review

No abstract provided.

A First Amendment Right To Know, David S. Ardia

Faculty Publications

This Article tackles an increasingly important question: Can police round up people on American streets and keep secret the names of those they detain without violating the First Amendment? Alarmingly, the government made this very argument in the summer of 2020 when it sought to break up Black Lives Matter protests occurring in cities across the country. Based in part on a Supreme Court decision from the 1970s involving access to prisons, the government argued that the First Amendment imposes no constraints on government secrecy. If it is true that the government can shield its exercise of police power from …

Psychometric Properties Of The Digital Psychological Competence Scale For University Students In The Kingdom Of Saudi Arabia, Mona Saad Falih Alamri

University of Tabuk Journal for Humanities and Social Sciences

Higher education has undergone a rapid digital transformation, requiring students to navigate technology-rich learning environments that demand integrated cognitive and psychological competencies. This study aimed to develop and validate a Psychodigital Competence Scale for university students in the western region of Saudi Arabia, using a sample of 523 students. The initial version included 21 items, which were revised through expert judgment (agreement >= 80%) to produce a final 16-item, four-factor scale. Construct validity was assessed using a pilot sample, and Pearson correlations demonstrated statistically significant item-scale relationships at the 0.05 and 0.01 levels. Reliability indicators showed significant split-half reliability (p < 0.01) and a high Cronbach's alpha coefficient (0.908). Exploratory factor analysis supported data suitability (KMO = 0.85, Bartlett's test p < 0.01, determinant = 0.011), and confirmatory factor analysis validated the four-factor model. These findings confirm strong psychometric properties, establishing the scale as a reliable tool for psychological and educational research.

Religious Riders And The Sherman Act, Bailey Sanders

Faculty Scholarship

Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have essentially argued that there is no harm in providing such exemptions to businesses because a competitive market will ensure consumers who might be denied services or goods by a religious firm can still obtain those goods and services elsewhere. But what if religiously minded businesses act in ways that are specifically designed to limit …

Ai And Courts: An International Human Rights Perspective, Veronika Fikfak, Laurence R. Helfer

Faculty Scholarship

International human rights courts and treaty bodies are increasingly turning to automated decision-making (ADM) technologies to expedite and improve their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This chapter offers an initial assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We weigh up the benefits of introducing these tools to improve international human rights adjudication – which include greater speed and efficiency in processing and sorting cases, identifying patterns in …

Crypto Litigation And Market Efficiency, Robert E. Bishop, Bradford Levy, Frank Partnoy, Daniel Taylor, Andrew Yeh

Faculty Scholarship

This paper investigates, for the first time in the literature, the factors that should matter to courts in determining whether a crypto  market is “efficient,” meaning that prices are sufficiently responsive to information. Based on new empirical evidence and a series of event studies, we recommend a new judicial framework for assessing market  efficiency in crypto litigation.

Market efficiency tests based on event studies have played an important role in other areas of litigation, particularly securities litigation, where courts frequently rely on what have become known as the “Cammer factors.” Academics have not yet assessed the extent to which market …

The Eighth Amendment And Prison Staff-To-Sentenced Prisoner Sexual Violence, Matthew Lyskawa

Faculty Scholarship

In this Article, I provide the first comprehensive account of lower federal courts’ Eighth Amendment prison conditions jurisprudence regarding prison staff-to-sentenced prisoner sexual violence. I show that lower federal courts are systematically misunderstanding and misapplying Supreme Court case law in this context. The result is that sexually victimized prisoners must meet extremely burdensome doctrinal standards unique to sexual violence claims. Lower federal courts would faithfully follow Supreme Court precedent if they applied the excessive force standard to sexual assault claims and the conditions of confinement standard to sexual harassment claims. However, a faithful application of Supreme Court case law does …

Confession Contamination And Dna Exonerations, 1989-2025, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Regulatory Design Choices For Ai: The What, The Who And The How, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter identifies three common design choices that must be made in the course of an effort to regulate artificial intelligence “AI”). By isolating the way in which those different sovereign regulators approach these choices in respect to AI, it is possible to evaluate more clearly the likely effects of regulation, and to better understand aspects of regulatory design that to date have been overlooked. First, the “what” of AI regulation is not just a matter of how “AI” is defined, but also which element of the technology stack is targeted by law: compute, data, or models. Second, the “who” …

Why Are Executions Becoming Crueler?, Deborah W. Denno

Faculty Scholarship

Since the modern death penalty era, this country’s six execution methods have become crueler over time. This article details the execution procedures adopted across death penalty states up to the end of 2025, analyzing their societal and cultural underpinnings and explaining how they were implemented, including their shared flaws, unscientific origins and protocols, and reliance on untrained, unqualified, or unknown executioners. While legislatures and courts claim that states move from one technique to the next to enhance greater humaneness, history shows that such switches are primarily propelled by constitutional challenges to a state’s particular technique. In theory, rendering a state’s …

The Surveillance Of System-Adjacent Individuals, Mariam A. Hinds

Faculty Scholarship

Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed the Fourth Amendment privacy rights of individuals under probation or parole supervision. In this line of cases, the Court concluded that the government’s interest in monitoring supervisees, reducing recidivism, and promoting public safety outweighed their reasonable expectation of privacy.

However, surveillance mechanisms like probation and parole extend the criminal legal system’s carceral gaze beyond the supervisees and peer into the bedrooms and digital lives of their families, roommates, and communities, or who this Article calls system-adjacent …

Untangling Ai Openness, Parth Nobel, Alan Z. Rozenshtein, Chinmayi Sharma

Faculty Scholarship

The debate over AI openness—whether to make components of an artificial intelligence system available for public inspection and modification—forces policymakers to balance innovation, democratized access, safety and national security. By inviting startups and researchers into the fold, it enables independent oversight and inclusive collaboration. But technology giants can also use it to entrench their own power, while adversaries can use it to shortcut years and billions of dollars in building systems, like China’s Deepseek-R1, that rival our own. How we govern AI openness today will shape the future of AI and America’s role in it.   Policymakers and scholars grasp the …

The International Order, International Law, And The Definition Of Security, Harlan G. Cohen

Faculty Scholarship

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

The One-Stop-Shop Is One Step In The Right Direction, Olivier Sylvain

Faculty Scholarship

In Brokering Safety, Sharma, Kadri, and Adler urge federal policymakers to impose on data brokers the greater duty of policing and stemming online stalking, harassment, and related abuse; that burden should not fall to victims, they argue. Their proposal would close the unevenness among state laws, shift the burden of oversight away from victims, and, importantly, ensure accountability at a systemic level, addressing gaps in enforcement that allow brokers to evade meaningful consequences. Yet, the one-stop-shop solution that Brokering Safety proposes also accedes to the core neoliberal presumption insofar as it individualizes harm. Online abuse, like dark patterns and …

Book Review Of Political And Social Control In China: The Consolidation Of Single-Party Rule, Carl F. Minzner

Faculty Scholarship

No abstract provided.

Forum Shopping, Statutes Of Limitations, And Borrowing Statutes, John F. Coyle

Faculty Publications

When a claim is stale in one state but timely in another, a rational plaintiff will always file a lawsuit in the latter jurisdiction. To discourage plaintiffs from shopping around for the longest statute of limitations, thirty-six states have enacted laws known as borrowing statutes. A borrowing statute directs the state’s courts to apply the shorter statute of limitations of another state—typically the one where the cause of action arose—to bar the plaintiff’s claim.

The conventional wisdom holds that borrowing statutes merely restrain plaintiffs from filing lawsuits in out-of-the-way jurisdictions with no connection to the lawsuit. This Article reveals that, …

Distillation Laundering: Regulatory Arbitrage And A Potential Beijing Effect In Ai, Laura Edelson, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This essay introduces distillation laundering, a new form of regulatory arbitrage. Distillation, a technique for training large language models based on the outputs of other models instead of from scratch, is generally prohibited by the terms of service of closed-weight frontier models. However, it is economically efficient and has been key to the success of the cheap, distilled (largely Chinese) open-weight models, which have reshaped the global political economy of AI regulation. US companies have now begun to re-import the effects of distillation through various means—a process we call distillation laundering. We also discuss how attempts to lobby these models …

Crowd Discrimination In The Digital Workplace: How Ai And Platforms Translate Public Bias Into Employment Practices, Tammy Katsabian

SMU Law Review

In today’s digital workplace, employment decisions are increasingly shaped by artificial intelligence (AI) and social media platforms, embedding societal biases into managerial practices and undermining traditional legal safeguards. This Article introduces the concept of crowd discrimination, which arises when biases originating from customers, algorithms, or online communities influence employment outcomes, thus threatening workers’ right to equality. Specifically, it argues that platform-based work, AI-driven management tools, and online shaming systematically transform crowd biases into employment decisions regarding hiring, dismissal, wages, and working conditions.

Crowd discrimination is not incidental. It results from both technological design and the limitations of existing laws, which …