Digital Commons Network^™

Non-State Actors And The Due Diligence Obligation To Protect Healthcare Facilities In Cyberspace: Is The World Prepared For The Next Pandemic?, Dr. Ardit Memeti

Pace International Law Review

This article presents a novel approach by developing a lex specialis due diligence framework based on the elements identified in the ICJ Advisory Opinion on Climate Change, which by analogy, establishes sector-specific elements to protect healthcare facilities from cyberattacks by Non-State Actors (NSAs). Cyberattacks by NSAs during the COVID-19 pandemic exposed the risks, including the disruption of essential healthcare services and hindrance of positive obligations to ensure the rights to health, life, and privacy, among others. Existing instruments, including the Budapest Convention, the Tallinn Manuals, and the Oxford Statements, offer an important but incomplete framework. Meanwhile, the recent UN Convention …

Manual Alignment—A Comparison Of The Law Of Armed Conflict Manuals Of The United States And Its Allies: How Reading Manuals Helps Military Lawyers Speak The Same Language When Planning Combined Operations, Jacob M. Fisch

Pace International Law Review

This article helps military lawyers work with allies.  By comparing the Law of Armed Conflict (LOAC) Manuals printed by the United States, the United Kingdom, France, Germany, and Australia, this article identifies consequential differences in the interpretation of LOAC between these five countries.  The article discusses four such differences: definitions of foundational principles, incursion into a neutral or nonparticipating State during a conflict, the role of doubt in making targeting decisions, and the degree of protection accorded to the environment from the effects of attacks.  While these differences point to possible challenges for cooperation between the United States and its …

The Intersection Of Sport Betting And Consumer Behavior: A Systematic Review, Jackson Sears, Beth Cianfrone

UNLV Gaming Research & Review Journal

Sport betting is a popular and lucrative entertainment segment of the sport industry. As such, understanding consumer behavior across the betting experiences is critical for the many stakeholders involved. The current study is a systematic quantitative literature review which assesses the current state of literature that intersects sport betting and consumer behavior literature, specifically cognitive, affective, conative, and consumption behavior of the sport bettors. The purpose of the systematic review is to (1) identify the most recent sport betting consumer behavior research, (2) compile and examine theoretical frameworks guiding sport gambling consumer research, (3) provide a descriptive summary of findings …

The End-Of-Life Option Most People Don’T Know About: Is It Legal?, Pamela Bucy Pierson

Idaho Law Review

This article is about an end-of-life option that many people have not heard of: Voluntary Stopping Eating and Drinking (VSED). With VSED, a person deliberately ceases intake of food and fluid to hasten their death. VSED is a peaceful, pain-free end-of-life option chosen by an increasing number of individuals in their last chapter of life who are suffering from chronic, incurable, progressively debilitating diseases. While there is considerable scholarship on the lawfulness of VSED, there is confusion in the existing literature on whether VSED is suicide, and on the related question whether individuals who provide comfort and care to VSED …

Great Crypto Vanishing Act: Illusory Contracts And The Economic Loss Rule, Henry H. Perritt Jr.

Idaho Law Review

Cryptocurrencies have gained respectability with enactment of the federal GENIUS Act, which lays a regulatory foundation for the safest type of cryptocurrency, stablecoins, while leaving significant uncertainty with respect to unbacked crypto assets like Bitcoin and other cryptomoney and crypto investments that do not come within the GENUIS Act’s scope. The vulnerability of cryptocurrencies to wild fluctuations in value and to outright collapse are legion. The GENIUS Act may tame some actors who choose to operate within its framework, but many questions remain.

Legal remedies available to victims of cryptocurrency mishaps, from exchange collapses to issuer fraud, depend heavily on …

Child Protection Across Cultural Borders: Is Child Neglect Culture-Specific? Should It Be?, David Pimentel, Meeka C. Woods

Idaho Law Review

No abstract provided.

Intercountry Adoptions In South Africa And Uganda: Do Different Contracting Statuses Relative To The Hague Convention Matter?, Joseph Isanga

Idaho Law Review

No abstract provided.

Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026), Tristen Fleig

Nevada Supreme Court Summaries

In Davis v. Dist. Ct., the Supreme Court upheld the court's authority to issue orders and impose sanctions during discovery, after Petitioner claimed NAC 641.234(3) limited the court's authority to order disclosure of psychologist data.

Liberty As Entitlement In The Common Law, Joshua C. Tate

San Diego Law Review

In recent decades, some Justices of the U.S. Supreme Court have questioned the broad definition of liberty that is the basis for the doctrine of substantive due process.  In his dissenting opinion in Obergefell v. Hodges, for example, Justice Thomas argued that liberty in the common-law tradition “has long been understood as individual freedom from governmental action, not as a right to a particular governmental entitlement.”  This Article will argue that such a narrow definition excludes many instances in which the common law used “liberty” as a synonym for “privilege” or “entitlement.”  Treatises that were well-known to the Framers …

The Gleneagles Communique Climate Change, Energy And Sustainable Development

Law and Business Review of the Americas

No abstract provided.

Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González

Seattle University Law Review

This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.

Most of the Survey cases involve the Washington …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Are Individual Mental Health Issues Treated Fairly By The Criminal Justice System?, Taylor Anderson

Master of Arts in Human Services

The intersection of mental health and the criminal justice system is a critical area of inquiry that highlights the complexities of addressing psychological disorders within our legal frameworks. This paper explores the prevalence of mental health issues among incarcerated individuals and examines how systemic deficiencies contribute to a cycle of recidivism and inadequate treatment. By analyzing the existing literature, the research aims to illuminate the pressing need for a reform in the handling of mentally ill offenders, advocating for a shift towards more rehabilitative approaches rather than punitive measures. The implications of those findings extend beyond individual cases to societal …

An Exceptional Model At Sea: Functionalist Targeting And The Legal Vulnerability Of Maritime Civil Defense In Japan, Kentaro Furuya

International Law Studies

The intensifying security competition in East Asia, characterized by persistent territorial disputes and the potential for major regional contingencies, has placed the Japan Coast Guard (JCG) at a strategic crossroads. The 2023 Control Guideline, which outlines the JCG’s role during armed attacks, has further heightened interest in the agency’s legal status. This article examines the critical gap between Japan’s domestic legal framework and the international law of naval warfare, specifically addressing how the potential classification of JCG assets as military objectives undermines the safety of maritime civil defense operations.

While the Japanese government firmly maintains the JCG’s status as a …

When Childcare Becomes A Crime Space In Contemporary Indonesia, Isyana Kurniasari Konoras, Dr. Dra. Vinita Susanti, M.Si

Jurnal Kriminologi Indonesia

Abstract. The increasing incidence of violence against children in daycare institutions reflects a structural crisis in contemporary child protection systems. This study examines the violence case at Little Aresha Daycare in Yogyakarta to identify the criminogenic factors underlying abuse in institutional childcare settings. The research applies a normative-empirical qualitative method through media-based case studies, legal analysis, and criminological interpretation. The findings demonstrate that violence emerged from the convergence of three major factors: structural strain experienced by caregivers, weak capable guardianship within daycare institutions, and the normalization of abusive disciplinary practices. Robert K. Merton’s Strain Theory explains how economic and occupational …

Methamphetamine Trafficking In Indonesia: A Routine Activity And Situational Crime Prevention Perspectives, M Fadli Makarim

Jurnal Kriminologi Indonesia

Abstract. Methamphetamine trafficking represents one of the most significant forms of transnational organised crime affecting Indonesia and appears to be facilitated by Indonesia’s strategic position within global maritime trade networks. Existing explanations have emphasised law enforcement capacity and policy responses, while less attention has been given to the opportunity structures that may facilitate trafficking activities. This study examines how Routine Activity Theory may contribute to explaining methamphetamine trafficking in Indonesia and considers its implications for Situational Crime Prevention. This study employed a structured literature review based on a systematic semantic search of publications indexed in Semantic Scholar and OpenAlex. The …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Periodic Adjustments — The Dialogue Continues, Reuven S. Avi-Yonah, Jeffery M. Kadet

Articles

Michael McDonald has continued an important dialogue that requires more attention from both taxpayers and the government. In reply to our recent article, McDonald has expressed his disagreement with a number of issues that each of us has adequately covered. We'll just have to agree to disagree on those matters, some of which will eventually play out in the courts. In this article, we will cover a few issues that McDonald has raised that we believe will be useful to this ongoing dialogue.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Behind Prison Walls: Unmasking The Victimization Experience Of A Transgender Inmate: A Narrative Study, Kevin E. Hemminger

Electronic Theses and Dissertations

Transgender individuals experience disproportionately high rates of victimization within the U.S. criminal justice system, at rates some studies estimate as four times greater than those of cisgender individuals (Marchi et al., 2025). Victimization may occur at the hands of correctional officers, institutional staff, or fellow inmates. This narrative study focuses on the life story of a formerly incarcerated transgender woman, tracing her experiences before incarceration, throughout her time at two different correctional facilities in two different states, and her life following release. While Community Based Research (CBR) was not adopted as a formal methodological framework, its principles — centering lived …

Promoting Developmentally Informed Justice: A Developmental Assessment Referral Framework For Juvenile Transfer Decisions, Carly F. Colman

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The transfer of youth between juvenile courts and adult courts is one of the most consequential decisions made in the American legal system, as it will influence the youth’s legal outcomes, developmental trajectories, and long-term well-being. Advances in adolescent brain science show that there are many factors associated with youthful offending, including developmental immaturity, susceptibility to external influences, and ongoing neurobiological development—all of which are related to age, rather than being fixed criminal traits. Despite this growing body of evidence, legal decision-making in juvenile transfer and sentencing does not consistently incorporate individualized developmental data. This paper examines the important role …

"Compromise With Lawlessness": The Relationship Between Lynching And The Death Penalty In Arkansas, 1895-1925, Michael Lynch

The Ozark Historical Review

“Compromise with Lawlessness”: The Relationship between Lynching and the Death Penalty in Arkansas, 1895–1925 examines the complex relationship between extralegal lynching and state-sanctioned capital punishment in Arkansas during the late nineteenth and early twentieth centuries. While existing scholarship often characterizes the decline of lynching and expansion of capital punishment as a straightforward substitution, this article argues that the Arkansas experience was more dynamic, with lynching and legal execution functioning as competing and sometimes complementary mechanisms for satisfying demands for racialized justice and social control. Through an examination of the 1898 lynching of Bud Hayden in Texarkana and the 1901 execution …

Brief Amici Curiae Of New Ways Ministry, Et Al., St. Mary Catholic Parish V. Roy, Leslie C. Griffin, Marci A. Hamilton

Court Briefs

No abstract provided.

Digital Forensic Skill Gaps Among Law Enforcement And Implications For Modern Criminal Investigations, Chip Thornsburg

Doctoral Dissertations and Projects

Digital evidence has become a routine component of modern criminal investigations; however, many law enforcement agencies face challenges in developing the personnel, training, and resources needed to manage increasingly complex digital evidence. The purpose of this explanatory sequential mixed-methods study was to examine digital forensic skill gaps among Texas local law enforcement agencies and their implications for modern criminal investigations. Guided by Human Capital Theory and Routine Activities Theory, Phase I employed a statewide survey of agencies to assess digital forensic resources, training, competency, and digital evidence usage. Quantitative data were analyzed using descriptive statistics, Kruskal–Wallis tests, chi-square tests of …

Deamicis V. State Of Nevada, 142 Nev. Adv. Op. 53 (August 20, 2026), Khadija Bhatti

Nevada Supreme Court Summaries

Under NRS 200.471(1)(a)(2), a defendant may be convicted of assault for each person the defendant intentionally places in reasonable apprehension of immediate bodily harm.

Book Review: After Apprendi And Erlinger, The Jury - Not The Judge - Determines Whether Or Not The Defendant Is A Habitual Traffic Offender, Harvey Gee

ConLawNOW

This book review discusses Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration by Rachel Barkow. The review concludes that the book persuasively argues that from the 1960s through the 1980s, the Supreme Court repeatedly departed from constitutional text, history, and precedent in expanding the government’s power to arrest, prosecute, and detain. And contends that these trends both curtailed individual liberty and worsened racial inequality. The review then builds on Barkow’s important scholarship to extend her conversation to cover criminal litigation in general jurisdiction state courts—where people are compelled to go when they are cited or …

U.S. Service Member To Counseling Student, Nicole Marie Arcuri Sanders, Kellie Forziat-Pytel

Journal of Counselor Preparation and Supervision

This qualitative descriptive study examines the absence of military career pathways for licensed mental health counselors (MHCs) and the impact of this structural limitation on service members' career transitions. Findings indicate that both combat and non-combat veterans pursued mental health counseling due to personal service-related mental health experiences and dissatisfaction with available care while in service. Despite these challenges, many participants expressed a strong desire to continue serving their country as professional counselors. Over half of the participants reported separating from the military because no occupational role existed for licensed MHCs. At the same time, most indicated they would have …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

Review Essay: Human Security And Civilian Protection During Violent Conflict, Lauren Spink

The Journal of Social Encounters

No abstract provided.

Operation Metro Surge In Central Minnesota: A Personal Perspective, Pedro A. G. Dos Santos

The Journal of Social Encounters

This essay provides a personal account, grounded in social science intellectual traditions and methods, of Operation Metro Surge and its aftermath in Central Minnesota. Emphasizing the differences between what happened in Central Minnesota (and other rural areas in the state) and what happened in the Twin Cities Metro area, this essay focuses on two events to contextualize the ways in which Operation Metro Surge disrupted the lives of immigrants and of the Minnesotans trying to protect their neighbors.