Digital Commons Network^™

A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt

Dalhousie Journal of Legal Studies

In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …

The Reverse Onus At Bail For Intimate Partner Violence: An Unconstitutional And Ineffective Measure, Ella Peterson

Dalhousie Journal of Legal Studies

The recently adopted reverse onus at bail for repeat intimate partner violence is a piece of performative legislation that is ineffectual and may harm those it seeks to protect. Part I of this paper provides an overview of intimate partner violence in Canada in order to contextualize s. 515(6)(b.1) of the Criminal Code. Part II is a Charter assessment of the reverse onus provision at issue, focusing on sections 7 and 11(e). Part III concludes with a critique of the effectiveness of the reverse onus, which fails to address the root causes of intimate partner violence.

“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran

Notre Dame Journal of International & Comparative Law

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …

Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia

Notre Dame Journal of International & Comparative Law

Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …

Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur

North Carolina Law Review

No abstract provided.

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …

Will The Court Use Dobbs To Overturn Sullivan? Revisiting The Sullivan Decision In The Age Of Digital Media, Skylar Tess Ivey Detjen

University of Florida Journal of Law & Public Policy

New York Times Co. v. Sullivan is a landmark Supreme Court decision that significantly expanded protection for the press under the First Amendment by limiting public officials’ ability to sue for defamation. The ruling established the “actual malice” standard, requiring public officials to prove that defamatory statements were made with knowledge of their falsity or with reckless disregard for the truth. In recent years, Justice Thomas has repeatedly criticized Sullivan, arguing that the decision is more a product of judicial policymaking than of constitutional interpretation, with minimal grounding in the text or history of the First or Fourteenth Amendments. …

Deaf Faculty Members’ Experiences In Higher Education Institutions, Stephanie Proctor Horvath

Electronic Theses and Dissertations

Deaf faculty members bring diverse perspectives to higher education, yet their experiences remain underexplored in academic research. The critical first year of teaching can shape their career experiences, revealing both opportunities for growth and systemic barriers. The purpose of this study was to understand deaf faculty members’ experiences, focusing on their transition into academic roles, the accommodations provided in their workplaces, and the challenges they faced. This study employed a qualitative phenomenological design, utilizing semi-structured interviews with 15 Deaf faculty members, whose teaching experience ranges from 1 to 30 years. In the reflexive thematic analysis and AI-coding of this data, …

Triggering Change In Child Protection Law: A Case Study Of Firearms And Domestic Violence In Nova Scotia, Manitoba, And Ontario, Ashley Thornton

Dalhousie Journal of Legal Studies

The intertwining complexities of child protection, domestic violence, and firearms pose profound challenges for families and the legal system. This paper examines their interplay, focusing on how these issues can subject children to harm, with a specific focus on case law and relevant legislation from Nova Scotia, Manitoba, and Ontario. These three provinces have been selected due to: i) the locality and inherent relevance of Nova Scotia’s jurisdiction given the location of the Schulich School of Law, ii) the high number of reported court decisions in Ontario, and the unique protections created through amending the Child, Youth, and Family Services …

Judicial And Techno-Securitization Of Immigration: Narratives De Filosofia De Inmigracion Y Justicia, Mohammad Rubaiyat Rahman

Open Access Theses & Dissertations

In the thesis, I develop a philosophical account which is centered on immigration enforcement discrimination, surveillance and procedural justice. The thesis propounds two arguments. The first argument contends that the immigration enforcement of the United States (U.S.), including the use of surveillance technology, contributes to the structural injustice. The second argument is that the U.S. immigration surveillance and immigration enforcement should be qualified by procedural justice and constitutional democracy.

The thesis prioritizes the practice of the U.S. immigration policy, enforcement and how these promote structural injustice against non-citizens and citizens, specifically those who are Latinos living in the U.S.-Mexico borderlands. …

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …

Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur

Articles

Americans work harder than their counterparts in many other advanced economies. While many predicted that technological progress would eventually make work obsolete, Americans continue to pull long hours. Although stories of worker burnout and “quiet quitting” suggest that this situation is not a good fit for everyone, any problems are largely invisible to the conceptual frameworks that dominate the analysis of law. These frameworks normally assume the goal of maximizing production and often treat the human preference for leisure as a problem to be solved. This Article analyzes the problem of overwork. In doing so, it surfaces legal and policy …

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.

The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin

Akron Law Review

The regulation of social meaning has traditionally been subjected to rational choice theory (RCT) perspectives in an age when the internet and technology were in nascent stages of development. Today, social meaning is being regulated in much more subtle but powerful ways by digital platforms who are leveraging behavioral economic (BE) insights to control, dictate, and reshape the social meaning of a variety of social roles, conduct, objects, and events. Whilst this form of social government (or private ordering of society’s social fabric) has obvious and desirable benefits to recalibrating society as a collective and assuaging or reversing the stereotyping …

What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen

Akron Law Review

This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …

There's Not Enough Cement And Too Much Air In That Concrete: Addressing The Weakness Of The Supreme Court's Concrete Injury Analysis, Sidney Balaban

St. John's Law Review

(Excerpt)

“Zombie” debt collectors—third-party entities who purchase from creditors and attempt to collect on debts that have passed the statute of limitations periods—have become a particular nuisance and source of distress to the unsuspecting consumer. A serious problem arises in some states, such as Illinois, which allow for the limitations period to restart if the debtor began making payments again or promised to make payments, giving nefarious debt collectors the chance to trick consumers into renewed legal liability—a true zombification. Fortunately, in 1978, Congress passed the Fair Debt Collection Practices Act (“FDCPA” or “the Act”) to “eliminate abusive debt collection …

Wake Up: How Application Of Garcetti To Public Educator Speech Harms Educators And Students Through The Lens Of Florida's Individual Freedom Act, Lindsay Mccarthy

St. John's Law Review

(Excerpt)

Nearly twenty of the nation’s states have enacted some kind of law that limits the teaching of controversial topics like race, gender, and politics. Within the last three years, these laws have become more commonplace as social movements like Black Lives Matter and #MeToo have brought topics like systemic racism and gender inequality to the nation’s attention. As the country becomes more polarized, state legislatures—typically conservative ones—have resorted to these censorship laws to fight back against the perceived indoctrination of children. The state that has gained the most notoriety for such laws is Florida. In 2022, Florida passed a …

Study Of Public Space Development Based On Preservation Of Cultural Heritage Areas: Case Study Of Muara Jambi Area, Farhan Rachmanda Graha Cahyadi

Cities and Urban Development Journal

Background: The development of public spaces in cultural heritage areas has an important role in supporting the preservation of historical and cultural values, while improving the quality of life of the community around the cultural heritage.

Aims: This study aims to examine the potential for developing public spaces that are in line with efforts to preserve the Muara Jambi Cultural Heritage area.

Methods: The method used is qualitative-descriptive with conceptual-contextual orientation. Data collection techniques are carried out through systematic literature studies, document analysis, and triangulation through stakeholder statements. Data are analyzed using thematic analysis to identify relevant key elements.

Results: …

Equality Or Equity?: Weighing Prima Facie Cases In Reverse Discrimination Claims, Emerson Lawrence Allen

Helms School of Government Undergraduate Law Review

Title VII of the Civil Rights Act of 1964 protects against employment discrimination. In suits based on this protection, the plaintiff must typically be able to satisfy the four-prong McDonnell Douglas test in order to make a prima facie case and avoid summary judgment in favor of the defendant. Although Title VII fully protects all plaintiffs, the first prong of this test historically requires the plaintiff to show membership in a minority group. The United States Courts of Appeals are, however, split on what standard to require in reverse discrimination cases. There are currently four approaches: one requiring the plaintiff …

The Representation Of Indonesian National Identity In Syuhada Mosque, Kotabaru, Yogyakarta, Muthia Zahri Mardhiyah, Ali Akbar

International Review of Humanities Studies

This article examines the concept of national identity as embodied by the Syuhada Mosque, located in Kotabaru, Yogyakarta. Completed in 1952, the mosque was established as a monument to the independence of the Republic of Indonesia. This research addresses whether Syuhada Mosque genuinely represents national identity. The study aims to describe the architectural form of Syuhada Mosque and elucidate the representations of national identity embedded within its structure. The research methodology aligns with the framework proposed by Sharer and Ashmore, encompassing formulation, implementation, data collection, data processing, analysis, interpretation, and publication. Based on its historical background, the foundational ideas and …

Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur

Genocide Studies and Prevention: An International Journal

This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.

Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas

Genocide Studies and Prevention: An International Journal

In 1922, the once-cosmopolitan city of Smyrna—modern-day Izmir—was engulfed in flames, marking the end of a centuries-long Hellenic presence in Asia Minor. The catastrophe, which followed the Greco-Turkish War and occurred amidst the collapse of the Ottoman Empire, resulted in the deaths of tens of thousands and the displacement of hundreds of thousands more. In his 2022 book Salty Silk, Greek author Petros Pourliakas recounts the tragedy, focusing on the humanitarian heroism that emerged in the midst of horror. I spoke with Pourliakas about his research, the moral complexities of recounting a national trauma, and the legacy of a …

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …