Digital Commons Network^™

Genocidal Occupation And The Occupier’S Dilemma: From Lemkin’S Axis Rule To 21st Century Palestine, Martin Shaw

Genocide Studies and Prevention: An International Journal

Following Israel’s campaign in Gaza after October 7, 2023, which was widely recognized as a genocide, the “ceasefire” of late 2025 introduced the prospect of a new occupation of the territory by the USA and Israel, leading to its redevelopment by them rather than the restoration of the pre-2023 Palestinian society. Together with the parallel accentuation of Palestinian dispossession under Israeli occupation in the West Bank, this development calls for a theorization of the relationship between occupation and genocide. Yet, although the concept of genocide was introduced by Raphael Lemkin in his analysis of the German occupations of European countries, …

Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap

Journal of Cybersecurity Education, Research and Practice

 Abstract -This conceptual essay addresses the need for systemic and systematic transdisciplinary analytical techniques within cybersecurity and technical security. This conceptual essay is contingent upon recognition that cybersecurity is not simply technical in nature, it does not need an adversary, and more importantly it is based upon systems engineering and systems thinking.  The essay contributes a socio-technical attribution chain and field-specific ontology/taxonomy which distinguish user-triggered events from root causes, latent conditions, technical debt, validation failures, governance failures, and attribution bias before assigning responsibility to end users. It systematically defines an ontology inclusive of developer technical debt, organizational debt arising from …

Looking Inwards, Turning Away: A Review Of Rehan Abeyratne’S ‘Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment’, Jwalika Balaji

Socio-Legal Review

This review engages with Rehan Abeyratne's book Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment, which examines judicial responses to LGBTQ+ claims over the past two decades across three jurisdictions — the United States, India, and Hong Kong. Abeyratne argues that the apex courts in these countries have grown more inward-looking and have enabled the rise of illiberal and authoritarian forces; however, LGBTQ+ rights have emerged as an exceptional site where these courts continue to extend minimal remedies and adopt a tone of empathy, positioning themselves as the last bastion of liberal constitutionalism. Focusing on recent developments …

The Possibilities Of Constitutional Education, Mark Jia

Georgetown Law Faculty Publications and Other Works

Constitutional scholarship has traditionally focused on formal constitutional actors: courts, legislatures, and executives. These actors are often regarded as primary sources of constitutional law, or in some cases, as final arbiters of constitutional meaning. More peripheral in this literature are actors thought to transmit what courts and high officials have established. These constitutional educators, including law professors, legal journalists, and civics planners, are often overlooked for defensible reasons: They lack the normative authorities of formal institutional actors, and they do not exercise power as it is often understood in public law.

This Article advances a general theory of constitutional education …

Judges, Speaking Of Death: Criminal Sentencing As A Socio-Cultural Practice In India’S Trial Courts, Ashna Devaprasad

Socio-Legal Review

What role does language play in legitimising the exercise of judicial discretion during sentencing? And what can a judge’s linguistic choices tell us about the wider sentencing culture of a criminal justice system? Sentencing outcomes have long attracted considerable attention in criminal law scholarship, but the process of sentencing – the logics judges use, the narratives they construct, and the audiences they seek to persuade – has received much less empirical scrutiny. Building on ideas from “law and culture” and organisational sociology literature, this Article proposes studying sentencing as a “socio-cultural” practice; one that qualitatively examines the judicial function of …

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …

Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia

Jurnal Hukum & Pembangunan

Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …

Problematika Penegakan Kode Etik Di Dpr Ri, Mayda Dewinta Putri, Deniza Saqina Utami, Gamaliel Basamido Sinaga, Mohammad Ramadhana Hasan, Kezia Eliora Zacharias

Jurnal Hukum & Pembangunan

The enforcement of the code of ethics in the House of Representatives (DPR) plays an important role in maintaining the dignity and accountability of the legislative body. However, in practice, this enforcement effort still faces various structural and cultural obstacles. This study aims to analyze the legal framework and mechanisms for enforcing the code of ethics in the DPR, as well as to identify the challenges that hinder its effectiveness. Using a descriptive juridical method, it was found that the Honorary Council of the House (MKD) and the Honorary Board (BK) as internal ethics enforcers are often constrained by political …

Pelanggaran Pemberian Hak Atas Tanah Pada Wilayah Perairan Pesisir, Chikita Handriana

Jurnal Hukum & Pembangunan

The construction of sea barriers in several coastal waters has revealed the issuance of land titles within certain areas designated for such development, which were subsequently annulled due to procedural and substantive defects in their issuance. This phenomenon reflects administrative disorder in the management of coastal areas and poses a potential risk of state losses. The issue warrants thorough examination, as violations in the granting of land rights not only affect governance and administrative order but may also escalate into corruption offenses where abuse of authority or financial loss to the state is involved. The primary objective of this research …

L'Opinion Dissidente Du Juge Et Le Secret Du Délibéré, Nasri Diab

Proche-Orient, Études juridiques

No abstract provided.

The Hidden Strategy Behind Trump’S Latest Canada Tariffs, Marc L. Busch, Barry Appleton

Other Publications

No abstract provided.

Regulatory Innovation Through Authority: An Analysis Of India’S Central Consumer Protection Authority’S Functioning (2020–2025), Gaurav Pathak, Mohit Yadav, Anush Ganesh

International Journal on Consumer Law and Practice

This article presents the first comprehensive empirical analysis of India’s Central Consumer Protection Authority (CCPA), since its establishment in 2020, based on an examination of 165 orders across 118 cases through 2025. The study fills a critical research gap by systematically analysing CCPA’s enforcement patterns, procedural efficiency, and regulatory evolution. The unique dataset reveals that CCPA has fundamentally transformed India’s consumer protection landscape through a distinctive dual approach that combines reactive enforcement with proactive regulation. This study finds that 72 per cent of cases were initiated suo moto, indicating a paradigm shift from complaint-driven to preventive market surveillance and that …

Redefining Authorship And Licensing In The Age Of Generative Ai: Navigating The Future Of Copyright Law, Sara Sabri

DePaul Law Review

No abstract provided.

Riding The Waves Of Bipa Litigation: Illinois Courts' Rulings On Insurers' Duty To Defend, Tetyana Kasiyan

DePaul Law Review

No abstract provided.

Kidfluencer Protection Laws: The Good, The Bad, And The Best Fit Legislative Safeguards Against The Harms Of Monetized Sharenting, Emma Lee

DePaul Law Review

No abstract provided.

The Role Of Online Disinhibition On Social Media Users' Privacy Concerns And Behaviors, Lisa Thompson, Sinyong Choi

Faculty Articles

As social media platforms become central to digital interactions, concerns about both privacy and the disclosure of personal information have evolved. Online disinhibition—the psychological detachment users experience in digital spaces that distance their online behaviors from offline consequences—may shape perceptions of privacy risks, particularly on social media platforms like TikTok. This study examines the relationships between online disinhibition and users’ privacy concerns and protective behaviors while accounting for individuals’ sense of gratification, media awareness, identity, and experience. By exploring dimensions such as anonymity and invisibility, we investigate how these factors are linked to self-disclosure and diminished privacy caution. Findings from …

Procedural Justice And Body Worn Cameras, Yael Granot

DePaul Law Review

The extensive and rapid roll out of body cameras across

American police forces in the past decades was intended to improve

issues of accountability and transparency in policing. Trust and

perceptions of fairness of police are shaped, in large part, by how

one is treated by officers and departments—the fundamental

interpersonal work of procedural justice. This Article reviews

findings on public and police support for body cameras, as well as

research connecting body cameras to perceptions of procedural

justice. It then elaborates on past research with a vignette

experiment, aimed at isolating the unique and interactive effects of

just policies, …

Reconstructing Reasonableness With Social Science, Kevin Tobia

DePaul Law Review

The social science of legal decision making often emphasizes

judgment bias. That empirical project reflects the legacy of legal

realism and grows in the shadow of law and economics, both of

which embody skepticism about legal concepts. These theoretical

influences encourage empiricists to “deconstruct” legal concepts by

identifying illicit, improper, or pernicious influences on judgment.

For example, empiricists demonstrate hindsight bias in judgments

of reasonableness and recommend interventions to remove that

bias. Identifying legal biases, their sources and remedies are

critically important. But these are not the only social scientific

questions one could ask of legal concepts. This Essay poses …

Reflections On Danny Kahneman's Influence On Legal Scholarship, Jennifer K. Robbennolt

DePaul Law Review

No abstract provided.

Procedural Justice And Trial By Jury, Valerie P. Hans

DePaul Law Review

No abstract provided.

Probabilistic Injury And Presumptions Of Prejudicial Preferences, Erik J. Girvan

DePaul Law Review

No abstract provided.

Noneconomic Tort Damages And Biased Beliefs About Vulnerability To Harm, Roseanna Sommers, Nathan Cheek

DePaul Law Review

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a fiveyear- old from a high-SES family more severely than one from a low- SES family. This Essay examines …

The White Hat Hacker's Approach: A Vulnerability Analysis Of U.S. Cyber Laws, Carlissa R. Carson

Montana Law Review

No abstract provided.

Strategic Surveillance Against Newsgathering, Courtney C. Douglas

Montana Law Review

No abstract provided.

The Seven Deadly Sins Of Ai Policy, Kevin Frazier

Montana Law Review

No abstract provided.

How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg

Northwestern Journal of Human Rights

May international human rights mechanisms close their doors to individuals who insult their members or Member States? Several do so, but the basis, scope, and impact of such rejections remain mostly unexamined. This article maps the relevant practices of regional and United Nations human rights bodies and compares them to other courts’ responses to contempt of court or vexatious litigation, to understand whether this admissibility criterion is a proper application of the prohibition on abuse of the right of petition or a legitimate exercise of a human rights body’s inherent powers. Three approaches emerge: ignore, balance, and punish. While the …

Period-Proofing Your Data, Sofia Makepeace

Washington Journal of Law, Technology & Arts

Menstrual cycle tracking apps and their accompanying wearables, collectively known as FemTech, promise women health insights in a healthcare system that often fails to treat problems that primarily affect women. FemTech lets users map their cycles, recognize symptoms, experience non-hormonal birth control, and contribute to long-overdue research on conditions like endometriosis, PCOS, and perimenopause. But after Dobbs v. Jackson Women’s Health Organization, the same datasets that empower users have also become valuable in criminalizing abortion-related crimes. Because most FemTech privacy policies fall outside HIPAA, intimate logs of bleeding, sex, mood, and biometric signals can now be criminal evidence in …

Stacking The Deck: Ai, Jury Selection, And The New Batson Problem, Alexandria Serra

Washington Journal of Law, Technology & Arts

Generative artificial intelligence has infiltrated jury selection right under our noses. What began as a passive data mining experiment has evolved into AI-powered jury selection tools that profile potential jurors by scoring, ranking, and recommending which citizens to exclude from jury service. Although these tools promise objectivity, they risk encoding the same racial and gender biases that Batson v. Kentucky sought to eliminate. Courtroom AI is here to stay. But when lawyers delegate peremptory strikes to statistical models trained on biased data, Batson becomes obsolete. No court can detect algorithmic bias that lacks discernible intent. No judge can analyze whether …

The Data Broker Loophole: Medicare’S Version, Ana Wacker

Washington Journal of Law, Technology & Arts

U.S. consumers participate in the exchange of less data privacy for the benefit of cheaper pricing, innovative services, and the illusion of choice. However, consumer choice at the expense of minimal data privacy has encouraged data broker markets to thrive on pure profit incentives. Seniors participating in Medicare enrollment feel the impact of these profit motives acutely. The Medicare enrollment process is littered with Third Party Marketing Organizations (TPMOs) who use lead generators to target seniors. With no consent, lead generators target Medicare eligible individuals and forward their personal information to insurance agents for a fee. The lead generators operate …

Masthead

Washington Journal of Law, Technology & Arts

No abstract provided.