Digital Commons Network^™

Visual Arts Are The Only Arts With Morals: Generative Ai And Aural Arts, Megan Pilege

UMKC Law Review

No abstract provided.

Changing The Definition Of Medical Expenses To Include Preventative Health: The Phit Act, Amy Bantham, Tom Richards, Mike Goscinski

UMKC Law Review

No abstract provided.

Should All Entry Points To Wellness Be Regulated Equally? What Mapping Existing And Emerging Entry Points Reveals, Tanya E. Karwaki

UMKC Law Review

No abstract provided.

Illness/Wellness, Ableism & Perfectibility In The Tax Code, Diane Klein Kemper

UMKC Law Review

No abstract provided.

The Wellness Data Conundrum: Privacy, Power, And Regulation Beyond Hipaa, Gary Hsuanyu Liu

UMKC Law Review

No abstract provided.

Wellness Influencer Scienceploitation: An American Medicine Show Revival, Jennifer D. Oliva

UMKC Law Review

No abstract provided.

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Regulating Psychological Wellness Grifters, Jennifer D. Oliva

Georgia State University Law Review

The rapid expansion of social media has transformed the delivery of psychological wellness advice, shifting mental health guidance from licensed professionals to digital influencers operating outside of traditional regulatory frameworks. As the global wellness industry surpasses $2 trillion, millions of Americans—particularly adolescents and young adults—consume mental health content from uncredentialed creators who often monetize psychological distress without professional oversight. Documented harms include misinformation about psychiatric medications, improper management of suicidality, unqualified diagnostic claims, and the migration of disciplined clinicians into unregulated “life coaching” roles.

This Article argues that state professional licensing regimes—governing psychologists, clinical social workers, professional counselors, and marriage …

Staying Off The Android’S Couch: Examining The Burgeoning Regulatory Response To Ai Chatbots In Mental Health Care, Hon. John G. Browning

Georgia State University Law Review

In 2023, the National Eating Disorders Association (NEDA) was forced to remove its AI chatbot “Tessa” from its help hotline after observations of the chatbot providing harmful advice to callers about eating disorders. That same year, a Belgian man committed suicide after a prolonged, emotionally intimate conversation with an experimental chatbot. Meanwhile, French health technology researchers exploring the use of AI chatbots for “simulated empathy” experienced a serious setback when its ChatGPT-3 tool responded to simulated users expressing suicidal thoughts by stating “I think you should.” Closer to home, American AI researchers using Meta’s Llama-3 caught the chatbot giving a …

Bodies In The Beds: How Reits, Private Equity Firms, And County Hospitals Monetize Nursing Home Residents As Real Estate Acquisitions, Daniel L. Hatcher

Georgia State University Law Review

Nursing home residents have become monetized targets of real estate acquisitions. Established in 1960, Real Estate Investment Trusts (REITs) were envisioned as allowing individuals to invest in commercial real estate without owning properties. That seemingly innocuous investment idea has led to the growth of a behind-the-scenes empire of little-understood conglomerates of REITs buying up nursing homes and other healthcare facilities across the country. Capitalizing on tax-exempt income incentives, exploiting “triple-net” leasebacks, funneling profits through subsidiaries, and shielding ownership and assets from the liability of operations, the corporatized owners extract cash from facilities and leave harm in their wake. And to …

A Social Prescription For Loneliness: How Regulation Can Help Prevent A Tsunami Of Health Problems Through Social Connection, Laura C. Hoffman

Georgia State University Law Review

In May 2023, the U.S. Surgeon General declared loneliness a public health crisis. Despite the impact of the Covid-19 pandemic, research has demonstrated that historically, social isolation and loneliness have been long-term influencers of negative health consequences prior to the pandemic. Even in our post-pandemic world, things have not improved and in fact, worsened. The significance of social connection to an individual’s health and overall well-being is evident and more frequently being recognized through the social determinants of health (SDoH).

One of the more recent developments in this area has been doctors routinely evaluating their patients for social isolation and …

How The President’S Lawyers Use Law To Weaken The Rule Of Law, Scott L. Cummings

University of the Pacific Law Review

No abstract provided.

Beyond The Veil Of Modernity: René Guénon, Prophet Of The Metapolitical Imaginary, Frederic Colier

Dissertations, Theses, and Capstone Projects

Heralded by some as one of the greatest intellectuals of the 20th century, French metaphysician René Guénon (1886-1951) is also the controversial father of Primordial Tradition, a metaphysics designed to remedy the decline of Western civilization. Guénon viewed the West in the grip of a prolonged cycle of degeneration. He sought to implement a pseudo-authoritarian spiritual reset that required a total rejection of its Western intellectual heritage and an embrace of Eastern doctrines.

Focusing on his landmark book The Crisis of the Modern World (1927), the dissertation examines how Guénon implemented his controversial reset. After outlining the religious, cultural, and …

Sexual Communications, Digital Intimacy, And The Extremely Limited Admissibility Of Evidence Of A Complainant’S Intention To Consent, Elaine Craig

Dalhousie Law Journal

Research indicates that women are less likely than men to have any intention of actually engaging in the sexual activities they communicate about digitally, and men are more likely than women to assume that sexual text messages indicate an intention to engage in sex “in real life.” Sexting often reflects a highly stylized, performance-based, uninhibited and sometimes disinhibited form of discourse that distinguishes it from in-person communications. It is frequently open to interpretation and only rarely can these communications reasonably be said to reveal a reliable and non-discriminatory inference about a complainant’s actual sexual intentions for the future, let alone …

Enforcing The First Amendment In An Era Of Jawboning, Genevieve Lakier

University of Chicago Law Review

First Amendment law tends to focus on the exercise of formal government power. Nevertheless, for over six decades now, it has been black letter law that the informal exercise of government power can violate the First Amendment when it creates what the Court described in Bantam Books v. Sullivan as an “informal system of censorship,” outside the reach of the formal system. Lower courts have been deeply divided, however, about what kinds of government actions create this kind of informal system. The Court’s recent decision in NRA v. Vullo should end this division. In Vullo, the Court held that officials …

Owning Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

Line Warming: Improperly Influencing Voters Or Mitigating The Effects Of Voter Suppression?, Elizabeth Ellen Gordon

Nevada Law Journal

No abstract provided.

Of, By, And For, Steven L. Winter

Nevada Law Journal

No abstract provided.

Sex On Trial, Nathalie Greenfield, Sandra L. Babcock

Cornell Law Faculty Publications

On January 21, 2025, the U.S. Supreme Court recognized in Andrew v. White that the State’s introduction of sexualizing evidence in a woman’s capital trial may violate due process. In Brenda Andrew’s case, prosecutors presented evidence about her sexual relationships, clothing, and style of underwear as proof that she was guilty of capital murder. Our research, supported by a grant from the National Science Foundation, reveals for the first time that the prosecution’s tactics in Brenda Andrew’s case were far from unique. Based on a systematic review of the trial transcripts of every woman currently on death row in the …

To Lecture Capture Or Not To Lecture Capture? The Answer For Legal Education Appears To Be A “Regulated Yes”, Nikos Harris Kc

Dalhousie Law Journal

The debate over the use of technology in the law classroom is often framed as the necessary use of modern forms of information sharing versus the creation of distractions which undermine deeper learning. One subject of significant debate in law faculties is whether students should have regular access to taped lectures from their courses, often referred to as “lecture capture.” Most universities have systems that can routinely record classes, and there are a number of pedagogical benefits which flow from student use of taped lectures. However, the issue of providing broad access to lecture capture is a complex one which …

Nothing Runs Like A Deere, Except When Deere Doesn’T Run: Why Illinois Should Enact Right-To-Repair Legislation For Its Farmers, John Aird

Northern Illinois University Law Review

Since 1971, John Deere has been using the popular slogan “Nothing Runs Like a Deere,” symbolizing the strength and self-reliance long associated with American farming. Yet as modern agricultural equipment has become more computerized and complex, manufacturers such as John Deere have restricted farmers’ ability to independently repair the equipment they own, through the use of unattainable software, licensing agreements, digital locks, and warranty limitations. The modern right-to-repair movement challenges this shift. At its core, the movement asserts that ownership should include the ability to repair the product that a consumer owns. This article argues that Illinois should enact a …

‘Insistent’ Objectors: The (Ab)Use Of Procedural Defenses Before The International Court Of Justice, Damian A. Gonzalez-Salzberg, Eoin Campbell

Michigan Journal of International Law

Procedural defenses refer to tactical devices that object to either a court’s jurisdiction or to the admissibility of an application, aimed at stopping a court from deciding on the merits of a case or, at least, at limiting the scope of its decision. From its creation in June 1945 and up to the end of 2024, the International Court of Justice (“ICJ”) has adjudicated 101 cases, with almost 80% of them featuring procedural defenses raised by states. These defenses have not only been plentiful, but have been extremely effective, leading to the ICJ’s refusal to decide on the merits of …

Public Perceptions Of Family Caregiving Of Children Versus Older Adults, Elizabeth S. Scott, Tamar Kricheli-Katz

Faculty Scholarship

The population of older adults in the United States is growing at a rapid rate, both because people are living longer lives and because older adults are an increasingly large share of the population as baby boomers age. It is predicted that by 2030, one in ¿ve adults in the United States will be of retirement age, and one in six people worldwide will be age 60 or older. By 2034 there will be more adults age 65 and older in this country than minor children under age 18.

Among the important consequences of this demographic trend will be a …

Understanding Victim Experiences Within The Criminal Justice System, Carmen Hardin, Caron Lott

Journal of Criminal Justice and Law

This study explores crime victims’ perceptions of participation in criminal justice proceedings. In all, eight (8) interviews and 314 surveys of crime victims were conducted in Arkansas.  Among crime victims, 92% reported the crime to the police, 76% felt the case’s outcome served justice, 78% would be okay attending court again, 45% felt very safe in court, and 38% strongly agreed that their needs and wishes were considered in court.   Three main themes emerged from the interviews: 1) impact of crime victimization on individual needs, 2) perceived access to mental and physical well-being support, and 3) perceptions of crime victims …

A Blind Eye To Justice: Blind Pleas In The American Courtroom, Meghan Koza, Makayla Nolen, Stuti Kokkalera

Journal of Criminal Justice and Law

Over 90% of criminal court cases are decided through plea negotiations, rather than through a jury or bench trial. Within the broader context of plea negotiations is the use of a “blind” or “open” plea, where defendants consent to the court’s decision without a chance to participate in the bargaining process. In entering blind pleas, defendants must waive constitutional trial rights with the hope that they will be given a more lenient sentence but are largely left in the dark during the process. This study aims to provide a national overview of the utilization of blind pleas in the United …

Calvip Cohort 4 Local Evaluation Report: Peace And Justice Law Center’S Legal Services To Support Gang Desistance, Nyla Baxter-Williamson Ma, Kirsten Chaplin Ma, Tori Luna Ma, Topher Mcdougal Phd

Kroc IPJ Research and Resources

This Local Evaluation Report assesses the implementation and outcomes of the Peace and Justice Law Center’s Legal Services to Support Gang Desistance (LSSGD) project, funded by the California Board of State and Community Correction’s California Violence Intervention and Prevention Program (CalVIP) Grant, Cohort 4. Through LSSGD, PJLC sought to provide direct legal services to current or formerly gang-involved individuals, as well as those treated by law enforcement as gang-involved, to reduce legal obstacles to desistance, expand access to lawful employment, promote family stability, and improve trust in legal institutions. The Joan B. Kroc Institute for Peace and Justice (Kroc IPJ) …

Schools Without Borders: Ending The Containment, Jade A. Craig

Michigan Law Review

A review of The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North. By Michelle Adams.

Reflections And Revisionism: Rethinking The U.S. Response To Covid-19, Wendy E. Parmet

Michigan Law Review

A review of In Covid’s Wake: How Our Politics Failed Us. By Stephen Macedo and Frances Lee.

Fourth Amendment Anti-Theory, Matthew Tokson

Michigan Law Review

A review of The Digital Fourth Amendment: Privacy and Policing in Our Online World. By Orin Kerr.