Digital Commons Network^™

Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Although the global movement towards abolition of the death penalty has been supported by an increasing number of countries in the world, the number of persons executed for drug offences actually increased in the last few years. Known executions for drug offences now account for more than 40 per cent of all global executions. Most such executions take place in Asia. Of the 34 countries in the world that still retain the death penalty for drug offenders, all nine of those identified as “high application states” (China, Indonesia, Iran, Kuwait, Malaysia, North Korea, Saudi Arabia, Singapore and Vietnam) are found …

Crazy Rich Asians At What Cost? The Role Of Target Marketing In Perpetuating Problem Gambling In Asian Communities, Jana Marquez

UNLV Gaming Law Journal

No abstract provided.

The House Always Learns: Integrating Ai Into Las Vegas Casino Surveillance And The Laws Behind The Lens, Taylor Dixon

UNLV Gaming Law Journal

No abstract provided.

The Normalization Of Sexual Exploitation, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Empirical Methods In Contract Law, Monika Leszczynska

Faculty Scholarship

Researchers employ various empirical methods to provide insights into contractual legal issues. For instance, systematic content analysis has been used to examine the terms of contracts or court judgments in contractual disputes. This approach, though different from doctrinal methods, enhances our understanding of legal content. Surveys and experimental methods, on the other hand, provide evidence on people's perceptions of contract terms or contractual behavior such as consent, misrepresentation, or breach. The findings from these studies inform contract law theories, which are based on assumptions about behavior in contractual relationships. Empirical studies also strengthen arguments in normative research by providing evidence …

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes

Faculty Scholarship

The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.² A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.³ Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

Initial Coin Offerings As An Alternative Method For Raising Capital: Legal Considerations And Regulatory Solutions In Indonesia, Juwita Patty Pasaribu, Febby Mutiara Nelson, Topo Santoso, Fransiska Ari

Indonesia Law Review

Blockchain technology has been used in various sectors, notably in facilitating crypto asset transactions, specifically for processing an Initial Coin Offering (ICO) or token sales that were first introduced in 2013. In Indonesia, it can be observed that there are several legal issues in the execution that expose them to potential misuse in the ICO transaction, leading to criminal activities. Additionally, Indonesia was ranked as the second-highest country in the world to experience crypto asset fraud schemes in 2019. To address legal issues related to ICO, this study aims to provide a comprehensive legal assessment of ICO as a modern …

Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer

Indonesia Law Review

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …

Managing Crowdfunding Risks In Terrorism Financing: A Mediated Analysis Of Government Intervention And Donation Intentions, Fithriadi Muslim, Eva Achjani Zulfa, Muhamad Syauqillah

Indonesia Law Review

Crowdfunding has emerged as a popular platform for collective funding of social, charitable, and commercial projects. However, its increasing use has raised concerns over potential misuse, including as a source of terrorism financing. This study investigates the relationship between donation intentions using crowdfunding and the risk of crowdfunding being used as a source of terrorism financing. Furthermore, it explores the mediating role of government intervention in this relationship. Using a Structural Equation Modeling-Partial Least Squares (SEM-PLS) second-order approach, the research evaluates the interaction between donor intentions, crowdfunding risks, and government regulations. Findings reveal that while donor intentions significantly impact the …

Legal Perspectives On Information Asymmetry In Investor Selection For Public-Private Partnership Projects Under O&M Contract, Nhu Thi Thuy Cao, An Quoc Chau, Sang Minh Luu, Thao Minh Phuong Ngo, Ha Loc Pham, Anh Phuong Nguyen

Indonesia Law Review

Information asymmetry is a common barrier in selecting investors in the form of Public-Private Partnerships (PPPs), especially in the Operation and Maintenance (O&M) contracts. This issue arises from the natural information advantage of the construction contractor and the incumbent investor in construction and operation. Although it does not stem from misconduct, such asymmetry still affects competitiveness and selection efficiency. The article analyzes the causes and legal consequences of this phenomenon through a comparative review of Vietnamese and Canadian legal frameworks while also assessing selected projects. The research methodology includes theoretical analysis, legal comparison, and a review of practical literature. The …

Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan

Northwestern University Law Review

In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …

Crisis Convergence, Sarah Medina Camiscoli

Northwestern University Law Review

Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …

Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke

Northwestern University Law Review

Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …

Constitutional Futurisms, Jeremiah Chin

Northwestern University Law Review

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Comparative Approaches To Parliamentary Thresholds In Selected Countries: Lesson Learn For Indonesia, Deni Angela, Mohammad Novrizal

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research aims to analyze the changes in the threshold number of votes obtained from general elections as a condition to be included in determining the acquisition of parliamentary seats, or from now on abbreviated as `Parliamentary Threshold,' which occurred in several countries that adhere to the democratic system, namely Indonesia, Turkey, Kazakhstan, Ukraine and Serbia. This article employs a normative legal research method, utilizing legal principles, history, and regulations as primary references, and then making comparisons. This research found that although the numbers of Parliamentary Thresholds in these countries vary, and the changes are some by increasing and some …

Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines how the Constitutional Court of the Republic of Indonesia (the Court) constructs its argumentation regarding the limitation and derogation of human rights. The primary issue is how the Court interprets and operationalises the limitation clause under the Constitution of the Republic of Indonesia to derogate from and limit human rights. This article also illustrates how the Court applies the derogation and limitation clauses to freedom of religion, the right against retroactive prosecution and the death penalty, the right of women to stand for election, and the right to freedom of expression. The Court has never ruled on …

The Change The Ncaa Does Not Know It Needs: A Promotion/Relegation Structure For College Football, Jack Noonan

Denver Sports & Entertainment Law Journal

After each college football season, the talking heads debate which team missed out on the College Football Playoffs. Each year it is a different school who everyone says should have made the playoffs. There are a multitude of reasons for or against each team every year, but the main point remains that the NCAA will always have this problem on their hands. This article proposes the solution of a promotion/relegation style structure which will completely change the dynamic of the conference layout. It will give an opportunity to the best teams outside of the 'Power 5' or FBS to make …

Have Universities Sold Their Souls To The Devil: The Unacceptable Costs Of Prioritizing Athletics Over Academics, David E. Missirian

Denver Sports & Entertainment Law Journal

The article will examine what it means “to win” in today’s university sporting world and what the prize to be won is. In examining how the meaning of winning has changed over time, the article will look particularly at some of the indirect or hidden costs of achieving athletic excellence in today’s highly competitive college sports. Ultimately, this article poses and attempts to answer the question: at what point does the cost to student athletes’ health and safety become too high to justify the prize of “winning”?

Ventura V. Kyle And American Sniper: The Anatomy Of A Public Figure's Lawsuit, Mike Steenson

Denver Sports & Entertainment Law Journal

Chris Kyle’s book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a “Mr. Scruff Face” in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS.” Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …

Healthy Mind, Healthy Body: An Examination Of The Duty A University Owes To Its Student-Athletes Regarding Mental Health Treatment, Sara Kirtley

Denver Sports & Entertainment Law Journal

With more and more university students in general, but studentathletes in particular, suffering from mental health issues, ranging from eating disorders to depression to serious anxiety, it seems like universities should have to provide some kind of mental health treatment for their student-athletes, especially considering their duty to provide physical health treatment for sports related injuries. However, the question is whether student-athletes would actually have an actionable right to mental health treatment, that they could turn into a successful claim against a university if the university failed to provide them with mental-health treatment.

Vol. 22, No. 1: Full Issue, University Of Denver Sports & Entertainment Law Journal

Denver Sports & Entertainment Law Journal

No abstract provided.

Navigating Legal Constraints: A Phenomenological Study On Black Educators’ Experiences With Integrating Race-Related Topics In K-12 Education In North Central Texas, Christa H. Hicks

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to explore the lived experiences of Black educators in North Central Texas as they navigated the legislative restrictions placed on teaching race-related topics in public schools. The theory guiding this study was the critical race theory framework, which provided insights into how societal structures contribute to inequalities and shape the professional experiences of Black educators working within the constraints of laws that limit the teaching of race-related topics. The central research question was: What are the lived experiences of Black educators in North Central Texas on navigating the legislative restrictions of teaching race-related …

Autopsy Of A Doctrine: Loper Bright’S Implications On Inevitable Artificial Intelligence Regulation And Congressional Considerations For An Organic Statute, Jack T. Edmond

San Diego Law Review

Because AI is sufficiently unique from other regulated technologies, Congress should ensure that a federal agency regulating AI retains authority to interpret and effectuate its organic statute by incorporating Chevron-like deference into the statute, thus insulating the agency from judicial challenge. Part II of this Case Note introduces fundamental background on the Administrative Procedure Act (APA) and the Chevron doctrine, both of which are necessary to contextualize Loper Bright and the present argument. Part III reviews Loper Bright’s majority, dissenting, and concurring opinions, and describes how experts predict the decision will fundamentally change agency statutory interpretation and operations. …

Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards

SMU Journal of Undergraduate Research

This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …

An Alternate History Of Chevron, With A Lesson For Today, Michael Herz

Fordham Environmental Law Review

It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …

Hydrosocial Ocean Commons: Offshore Wind Energy In Oregon, Bryce Ashlyn Sprauer

Dissertations and Theses

The ocean has been culturally and legally conceptualized as a commons, a space of subsistence inherited by all. Enclosure or privatization creates overlapping jurisdictions of ocean space. The ocean is also the world's most significant carbon capture, absorbing billions of tons of anthropogenic carbon dioxide since the Industrial Revolution. Now, the ocean offers an additional opportunity to decarbonize energy production and reduce greenhouse gas emissions through 'new frontiers' of offshore wind technology; however, this potential is entangled within neoliberalism. Offshore wind is entering a fragmented legal landscape where the social-legal process of ocean jurisdiction remains contested. As the "new frontier" …

Testimonios: The Experiences Of An Undocumented Student In California Post-Daca Rescindment, Isabel Rangel

McNair Research Journal SJSU

After Deferred Action for Childhood Arrival (DACA, 2012) was rescinded

by the Trump Administration in 2017, many students were left in “limbo

legality” (Gonzalez 2012) This study addresses the question, “What are the

experiences of undocumented students regarding their academic motivation

toward graduation now that DACA has been rescinded at San Jos. State

University (SJSU)?” Grounded in a Chicana Feminist Epistemology

approach, the methodology of testimonio is used to capture the experiences

of the author alongside an undocumented graduate student. Findings

suggest that college campuses should incorporate faculty knowledgeable in

policies that affect undocumented students, Undocumented Ally trainings

in college …