Digital Commons Network^™

Vol. 69, No. 06 (September 29, 2025)

Indiana Law Annotated

No abstract provided.

Accounting For Fetal Personhood: Confronting The Implications Of Fetal Personhood On Vital Statistics Law, Alix Rogers

San Diego Law Review

In February 2024, in LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that embryos created through in-vitro fertilization (IVF) were legal persons. The national conversation about this ruling focused on the implications for IVF treatment. The impact of fetal personhood on the realm of vital records law has, to date, gone unnoticed. Vital records laws in the United States mandate the registration and collection of data for legislatively determined vital events. Vital records law influenced by fetal personhood, as well as broader trends to criminalize pregnancy, has profound and troubling implications for individuals experiencing spontaneous abortion …

การใช้อำนาจเหนือตลาดโดยมิชอบในลักษณะการเอาเปรียบด้านการคุ้มครองข้อมูลและการคุ้มครองสิทธิส่วนบุคคลในสหรัฐอเมริกา: ปัจจัยขับเคลื่อนและท่าทีของ Ftc (ตอนที่ 1: ปัจจัยสภาพความเป็นจริงของตลาดและปัจจัยภายนอกจากสหภาพยุโรป) (Data Abuse And Exploitation As Abuse Of Dominance? The Driving Forces And The Position Of Ftc (Part I: Market Realities And European Influence As External Factor)), Pulawit Wanichsetakul

Chulalongkorn University Law Journal

ปัจจัยเรื่องสภาพความเป็นจริงของตลาดดิจิทัลที่เป็นตลาดที่ขับเคลื่อนโดยข้อมูลซึ่งทำให้ตลาดดิจิทัลมีความเสี่ยงต่อการถูกผูกขาดโดยแพลตฟอร์มรายใหญ่ และทำให้การคุ้มครองข้อมูลส่วนบุคคลเข้ามามีบทบาทสำคัญอย่างหลีกเลี่ยงไม่ได้ และปัจจัยภายนอกจากอิทธิพลการบังคับใช้กฎหมายการแข่งขันทางการค้าในสหภาพยุโรป เป็นปัจจัยสองประการแรกที่ผลักดันให้คณะกรรมาธิการการค้าของสหรัฐอเมริกา (FTC) มองความเกี่ยวพันระหว่างการคุ้มครองข้อมูลส่วนบุคคลกับการป้องกันการผูกขาดในแบบบูรณาการมากขึ้นและรับเอาแนวคิดการใช้อำนาจเหนือตลาดโดยมิชอบในลักษณะการเอาเปรียบด้านการคุ้มครองข้อมูลส่วนบุคคลและการคุ้มครองสิทธิส่วนบุคคลมาเป็นส่วนหนึ่งของนโยบายการบังคับใช้กฎหมายป้องกันการผูกขาดของตน ซึ่งนำไปสู่การดำเนินคดีป้องกันการผูกขาดกับดิจิทัลแพลตฟอร์มรายใหญ่ในระลอกล่าสุดนับแต่ปี 2020 เป็นต้นมา รวมถึงการดำเนินคดีกับ Facebook ของ FTC

Children’S Rights At The United States-Mexico Border: Is The United States Of America Breaking International Laws?, Avery Anderson

Immigration and Human Rights Law Review

The treatment of migrant children at the United States-Mexico border has become a contentious issue worldwide. International human rights frameworks set certain standards for the treatment of migrant children, and there are growing allegations that the United States has violated international legal obligations due to its inadequate detention conditions. This article argues that while the United States is not explicitly violating international treaties due to specific reservations, its border policies are in direct contradiction with global norms for the humane treatment of children. Through a review of the legal obligations under customary international law and international treaties, this article highlights …

When Love Is Not Enough: The Muñoz Decision And The Erosion Of Family Unity In U.S. Immigration Law, Katerina Fernandez

Immigration and Human Rights Law Review

The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, …

Protecting Children's Rights In The National Climate Policies In Greece, Elpis Rerra

COP30

This paper aims to address the question, “How can we ensure that children’s rights are protected in national climate policies?” Ιn the broader field of climate justice, ecocide, and security, the theme of this study is children’s rights in the context of climate change and how the government can truly include them in the climate policies. This paper begins by highlighting the importance of addressing the issue of protecting children's rights from the impact of climate change. Moreover, it underlines the critical and urgent nature of children’s vulnerability to climate change. The paper also examines Greek climate policies and whether …

Collective Dominance Under Scrutiny: Closing The Enforcement Gap Or Complicating Eu Competition Policy?, Miroslava Marinova

Yearbook of Antitrust and Regulatory Studies

This paper examines the European Commission’s Draft Guidelines on Article 102 TFEU, focusing on their treatment of collective dominance in oligopolistic markets. While the Guidelines adopt a structured framework derived from merger control, they fail to address a key challenge specific to Article 102: the need for clear evidentiary standards in retrospective enforcement. The paper argues that parallel conduct by independent firms can, in certain cases, serve as evidence of collective dominance where such behaviour is not rational absent joint market power. However, the Draft Guidelines offer little guidance on how to integrate such conduct into the dominance analysis. This …

You Are What You Eat: Using Trademark Law To Address Consumer Confusion In Food Labeling, Brooke Raniere

Journal of Intellectual Property Law

America is experiencing a health crisis. Our grocery store promulgates illusions of endless food choices; however, this abundance is sustained by only a handful of dominating food conglomerates. With the increased centralization of power in the food supply system, foods have generally become ultra-processed and unhealthier. Companies often use strategic marketing through packaging design, labeling, and food names to capture additional consumers through health claims that often do not reflect these foods' contents. As American citizens' average health continues to decline, large food conglomerates have increasingly pushed the boundaries of what they can claim, creating vast confusion and mislabeling in …

The First Sale Doctrine For The Digital Age, Ethan Thomas

Journal of Intellectual Property Law

For well over a century consumers have long enjoyed the ability to resell, gift, lend, or otherwise transfer their legally purchased copyrighted media. First established in common law and later codified into the Copyright Act of 1976 the first sale doctrine granted the right of transfer to consumers. In 2013, a district court held that the first sale doctrine does not let consumers transfer digital media through file sharing. Instead, a consumer must sell the object the media was downloaded onto. This decision effectively gutted the first sale doctrine’s application to digital media. Further reducing the reach of the first …

You Can’T Handle The Obvious: Lkq And Testing For Nonobviousness In Design Patents, Frank Easterlin

Journal of Intellectual Property Law

This Note traces the change from the rigid Rosen-Durling test for obviousness in design patents, to the Graham analysis in light of KSR v. Teleflex. The history of obviousness inquiries supported a more flexible approach and thus made Rosen-Durling unsupportable as anomalous. However, in abandoning a functional, if stiff, test for obviousness, the Federal Circuit both clarifies and clutters the law around obviousness. This Note follows that change, makes sense of what it can, and humorously criticizes the ambiguities and circularity of the court’s opinion. Ultimately, the new test opens up design patents to a wider array of attacks. This …

Paws Off My Image: Why Rights Of Publicity Should Be Expanded, Lauren Didelot

Journal of Intellectual Property Law

In our increasingly digital world, exposure to fame and fortune has become more accessible than ever, and many pet owners have taken advantage of this. The rise of “petfluencers” has called into question the extent of available rights of these celebrity animals’ owners to protect and maintain their pet’s commercial value, thus preventing instances of unfair enrichment from other’s exploitation of their beloved animals. This Note argues for the acceptance of an animal’s right of publicity. We begin with an exploration of the right of publicity itself and its current applications. Next, we will discuss the intellectual property rights currently …

You Wanted The Best? You Got The Best! If You Can Pay For It... Antitrust Considerations And Artist-Based Solutions For Lower Concert Ticket Prices, Jake Farbman

Journal of Intellectual Property Law

The live music industry has become increasingly inaccessible to fans as ticket prices continue to rise under the dominance of Live Nation Entertainment and Ticketmaster. Since their controversial 2010 merger, the two companies have consolidated control over both the primary and secondary ticketing markets, fostering anticompetitive practices that allegedly include exclusive venue agreements, coercive bundling of promotion and ticketing services, and dynamic pricing schemes. These practices have drawn widespread scrutiny from lawmakers, regulators, artists, and consumers alike, culminating in the Department of Justice’s 2024 antitrust lawsuit seeking to break up the conglomerate.

This Article traces the historical development of the …

Controlling Private Economic Power: Lessons Learned From The Us Experience In The First Decades Of The 20th Century, Thierry Kirat, Frédéric Marty

Yearbook of Antitrust and Regulatory Studies

Concerns related to Big Techs have led to a proliferation of legislative initiatives to complete competition rules with regulatory devices that would lead gatekeepers to be subject to obligations to preserve an equality of opportunities on the market. Within this context, this contribution revisits American decision-making practice from the end of the 19th century and the beginning of the 20th century to show how regulatory-type interventions and the enforcement of competition rules have been activated to control the strategies of firms acting as gatekeepers. What we can learn from this experience is that a big firm having private regulatory power …

Panel 2 - Tax Sovereignty: Legitimate Authority And Boundaries, Geoffrey Loomer, Tsilly Dagan, Jennifer Farrell

A. Cockfield Memorial Symposium

Chair: Geoffrey Loomer (University of Victoria)

Tsilly Dagan (University of Oxford), Rethinking Tax Sovereignty: Between Power and Legitimate Authority

Jennifer Farrell (Western University), Tax implications of the new EU Foreign Subsidies Regulation Rules

Commentators: Stephen Shay (Boston College); Cees Peters (Tilburg University)

Wmu Maritime Affairs Conference 2025 : Transforming A Maritime Future : Digitalization And Decarbonization, World Maritime University

Books

No abstract provided.

The Perceptions And Receptiveness To Responsible Gambling By College Men Who Sports Bet: A Focus Group Study, Chance V. Dow, Matthew D. Andersland, Emily A. Velandia, Rory A. Pfund, James P. Whelan

UNLV Gaming Research & Review Journal

Responsible Gambling (RG) includes prevention messages aimed at mitigating harms. Research examining the experiences of college students who sports bet is lacking, hindering efforts to tailor messaging to college students. This qualitative study explored how college men who sports bet perceive and respond to existing RG messages, gathering their feedback on the characteristics of messages they find effective. Online focus groups were conducted with college men who sports bet (N = 12) using a semi-structured interview guide. The discussions were recorded, transcribed, and analyzed using an open coding Thematic Analysis approach. Codes were independently identified and analyzed resulting in …

Accelerating Localized Climate Innovation Through South-South Peer-Learning Platforms, Nayantara K. Arora

COP30

South-South knowledge exchange is a powerful but underutilized driver of localized climate innovation in the Global South. As climate change disproportionately affects low- and middle-income countries (LMICs), mechanisms for mutual learning, indigenous knowledge-sharing, and context-appropriate technology diffusion are vital. South-South peer-learning platforms offer a scalable pathway to empower communities in the Global South to co-create and adopt effective climate innovations, particularly in the systems of human health, livelihoods, and youth inclusion emphasized by Egypt’s Sharm El-Sheikh Adaptation Agenda (SAA). This policy paper argues that integrating these platforms into national Action for Climate Empowerment (ACE) and Capacity Building strategies can accelerate …

Operationalising Blue Carbon: Australia's Framework As A Model For Global Nature-Based Climate Mitigation, Chelsea Golding

COP30

Blue carbon ecosystems offer a critical solution to nature-based climate change mitigation. These habitats not only sequester significant amounts of carbon per hectare but also support biodiversity and increase climate resilience for coastal communities. Yet, despite the widespread recognition of these benefits in global climate discussions, most existing carbon sequestration and crediting frameworks remain focused on terrestrial ecosystems and fail to account for the greater variability in marine and costal habitats. This policy gap creates a significant barrier in the capacity for costal carbon sequestration projects to be scaled globally. Australia has addressed this implementation gap at a national level …

Will Systematic Stewardship Save The Planet?, Zohar Goshen, Assaf Hamdani

Villanova Law Review (1956 - )

No abstract provided.

Overriding Overtime In Decentralized Work, Arianne Renan Barzilay

Villanova Law Review (1956 - )

No abstract provided.

A Different Form Of Post-Op: Healing Survivors Of Domestic Violence Through Prosecutorial Anatomy, Elizabeth Ellick

Villanova Law Review (1956 - )

No abstract provided.

Chacahoula 2025, Volume 92, Alayna Pellegrin

Chacahoula

The 2025 issue of Chacahoula includes December 2024 and May 2025 graduating classes, as well as stunning photography student life on the banks of Bayou Desiard. With features covering students, faculty, and staff, this year's time capsule preserves an academic year in the life of the University of Louisiana at Monroe.

The Section 32(1) Analysis: Clarifying Eldridge In Light Of York Region District School Board, Kate Glover Berger

All Papers

The Eldridge framework, a stable feature of Canadian Charter jurisprudence for decades, sets out part of the framework for determining when entities or activities qualify as “government” under section 32(1), the Charter’s application section. In light of this stability, the Supreme Court of Canada’s analysis of the section 32(1) issue in York Region District School Board v Elementary Teachers Federation of Ontario was surprising. It raised the question: Why did the Court in York Region deviate from well-settled law on the Eldridge framework and, in the process, seemingly change the framework’s thresholds? This question arises because the Court in …

Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey

Contributions to Books

Government protection against systemic harm to human well-being is stymied by the liberal idea that power is most legitimately wielded by autonomous individuals taking personal responsibility for their substantive well-being. Instead, a robust vision of democracy and socioeconomic justice requires grounding legitimate power in institutional responsibility, replacing the formal individual actor of liberal theory with the universally embodied, embedded human subject developed in Martha Fineman’s Vulnerability Theory. This chapter connects the message of personal responsibility in neoliberal US welfare reform policies to rationales defending the government’s failure to alleviate systemic human harm in the 2008 financial crisis and the accelerating …

Introduction To Roots Of Justice: A History Of Race And Racism In Nebraska, M. Dewayne Mays, Paul Olson

Truth and Reconciliation History Project

Nebraska has made racism a way of life through most of its history. It is still the way of life for many. In 2020, a Nebraska columnist wrote the following about Nebraska: “[T]he issues stemming from racism can seem like foreign concepts, confined to the larger cities (or the American South) and relics of a distant past.”2 The column goes on to show that these issues were not confined to large cities or to the South; they rested on our back door in Nebraska. Yet, one often heard back as far as one could remember that Nebraska is not and …

Vol. 69, No. 05 (September 22, 2025)

Indiana Law Annotated

No abstract provided.

A History Of African Americans In Nebraska, Preston Love Jr., Adam Fletcher Sasse, Le Clara Gilreath, Portia Love, Heather Fryer

Truth and Reconciliation History Project

Black people have been present in Nebraska from its earliest days as a U.S. territory. The first U.S. Census of Nebraska, conducted in 1860, counted eighty-one Black people who, together, formed .28 percent of the young territory’s 28,841 residents. That number grew to 3,443 Black residents in 1900, representing 3.5 percent of the 102,555 residents of the state of Nebraska. The number and location of Black Nebraskans varied greatly through the twentieth century, comprising 13.7 percent of the state’s population in 1940 and 11.8 percent in 2020. Although African Americans have been relatively small in numbers, the historical record reflects …

Recent Arrivals: Refugee Resettlement In Nebraska, Emira Ibrahimpašić, Julia Reilly

Truth and Reconciliation History Project

One of the stories Nebraskans tell themselves is that the story of Nebraska is a story of immigration. One of the most recent versions of this story is that Nebraska is one of the best and most welcoming places in the country to be a resettled refugee. In many respects, this narrative is true, but as with all narratives, reality is more complicated. This chapter attempts to paint a fuller picture by providing a detailed history of the foundation of Nebraska’s refugee resettlement program, and an overview of five of the most populous refugee communities in Nebraska. First, we survey …

Exclusion From The Good Life: The Impact Of Anti-Asian Racism On Asian Nebraskans, Heather Fryer, Sharon Ishii-Jordan

Truth and Reconciliation History Project

To understand how Americans of Asian descent experienced, adjusted, and overcame negative experiences in Nebraska, recognizing the external forces on their lives is paramount. The experiences of Asians in their diaspora across the U.S. and Nebraska during a 150-year span have been shaped by both external (global and domestic) and internal (personality and resilience) factors. The presence of stereotypes specifically targeted toward Asian Americans due to exotic imaginings, pseudoscience, and economic fears, in addition to the images created by national media, gave rise to society’s acceptance of stereotypes. These external factors contributed to a belief that continues to this day …

Unvaccinated By Doubt: How Covid-19 Governance Sparked A Measles Outbreak, Ellen Black

Law Faculty Scholarship

This Article examines how the erosion of public trust in government and public health institutions during the COVID-19 pandemic has contributed to the resurgence of measles in the United States. It argues that pandemic-era governance—marked by inconsistent scientific messaging, politically charged public health mandates, and the federal government’s coordination with social media platforms to suppress dissenting viewpoints—generated widespread skepticism that continues to undermine vaccination uptake. Through a detailed analysis of lockdown policies, vaccine and mask mandates, and the subsequent revelations regarding governmental influence over online content moderation, the Article demonstrates how conflicting guidance and perceived censorship fostered long-lasting public doubt. …