Digital Commons Network^™

The Solitary Confinement Crisis In Immigration Detention, Sabrineh Ardalan, Arevik Avedian, Philip L. Torrey

Nevada Law Journal

No abstract provided.

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

Nil Speeds Ahead While Title Ix Trails Behind: Finding Room For Title Ix In The Evolving Nil Landscape, Sophie Zelony

Vanderbilt Journal of Entertainment & Technology Law

Title IX was enacted to eliminate sex-based discrimination in educational programs receiving federal funding, including intercollegiate athletics. While the law has successfully increased female participation in sports, disparities in the treatment of male and female athletes persist, particularly in the context of publicity and promotional resources. The rise of name, image, and likeness (NIL) opportunities has further widened this gap, as universities and their affiliated collectives disproportionately promote male athletes, enhancing their marketability and NIL earning potential. Schroeder et al. v. University of Oregon presents a novel legal issue—whether Title IX applies to NIL deals when universities provide unequal publicity …

The Moving Pieces Of Corporate Disclosure: Truth, Falsity, And Half-Truths In Between, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The half-truth doctrine is made operational in the common statutory and rule-based admonitions in the securities laws (particularly Rule 10b-5) not to omit “material fact[s] necessary in order to make . . . statements made . . . not misleading . . . .” It cabins the temptation to exploit the privilege of nondisclosure through what has been called “artful paltering.” Unfortunately, the evolution of the half-truth doctrine has become more of a poor stepsister than a muscular companion. It carries less than a full load in the complex ecosystem that exists for public company disclosure today. And it is …

Bound: The Imaginative Surplus Of Contractual Intent, Elizabeth F. Emens

Faculty Scholarship

Contract law is generally understood in terms of enforcement. The legal definition of a contract is a promise that the state will enforce. Individuals are empowered by contract law to create legal arrangements that the state will step in and enforce. And yet most contracts never make it to court.

This Article inverts the conventional focus on enforcement through a study of extralegal contracts. These are formal written agreements that parties call contracts but are not intended for legal enforcement. Examples of these extralegal contracts include no-suicide contracts and contracts for sexual slavery.

Examining extralegal contracts offers multiple insights. First, …

Crip Time, Castoriadis, And Transcending The Duty To Accommodate In The Workplace, Ravi Malhotra, Jacqueline Moizer

Dalhousie Law Journal

Disabled people often experience time in a manner that is distinct from able-bodied individuals. Disabled people may have shorter careers, have difficulty maintaining full-time employment, and may be forced to work part-time due to the impact of their impairments. Many disabled people face considerable barriers every day in accessing services to participate fully in the workplace, including accessible transportation and attendant services. These underfunded services are often late if delivered at all, wreaking havoc on the ability of workers with disabilities to plan their day and make firm commitments. Yet disability scholars have attempted to reclaim this experience as one …

The Impact Of Artificial Intelligence On Access To Justice: Predictive Analytics And The Legal Services Market, Matthew Dylag

Dalhousie Law Journal

This paper examines how developers of predictive analytics—a technology using artificial intelligence (AI) to predict the outcomes of legal disputes—position their product vis-à-vis access to justice. In particular, it examines how two companies market their software to better understand how this technology is being integrated into the legal services market and to comment on the software’s potential impact on access to justice. The first part of this paper reviews the access to justice landscape and examines existing critiques of AI supported technology from an access to justice perspective. The second part briefly outlines the scope and design of the study, …

“17 Going On 23”: Sentencing Young People To Life In Canada, Debra Parkes

Dalhousie Law Journal

Canada is one of 67 countries worldwide that allows young people—those under the age of 18—to be sentenced to life imprisonment. In 2008, the Supreme Court of Canada recognized the presumption of diminished moral blameworthiness of young people as a constitutional principle of fundamental justice and invalidated a law that presumed youth should be sentenced as adults for some serious crimes, including murder. The burden is, therefore, always on the Crown to rebut the presumption and prove that a youth sentence would not be long enough to hold the young person accountable for their behaviour. Where the presumption can be …

Legal Responses To Work-Related Intimate Partner Violence In Canada: Troubling Privatization, Jennifer Koshan

Dalhousie Law Journal

Intimate partner violence and coercive control can manifest in abusers’ attempts to sabotage their partners’ participation in employment. Work-related intimate partner violence (WRIPV) also implicates employers, governments, and society more broadly, challenging the individualizing frame often applied to IPV. However, the legal recognition of WRIPV has been slow and sporadic, disproportionately impacting women experiencing intersecting inequalities, who are more vulnerable to IPV and to work-related inequalities. This article examines how governments have responded to WRIPV, situating their responses in the continuing legacy of the public/private distinction. Using a rights-based framework, I evaluate the two newest Canadian reforms concerning WRIPV: occupational …

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

Faculty Scholarship

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance — checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and …

Reigning In Rushed Recruiting, Jamie Abrams

Presentations

This presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward.

Assessing Willingness To Pay For Parking Fees Among Residents: Evidence From Malang City, Damas Dwi Anggoro, Aleyda Farihatus Shofwah

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

This study aims to investigate the willingness to pay (WTP) for user charges imposed by the local government using an extended Theory of Planned Behavior (TPB). Viewing the local government as a service provider, the construct of perceived value is incorporated to determine behavioral intention toward user charges, marking a novel contribution of this study to the literature. Specifically, this study analyzes (1) the effect of each TPB construct—attitude toward the behavior, subjective norms, and perceived behavioral control (PBC)—on WTP, (2) the effect of perceived value on WTP, and (3) the indirect effect of perceived value on WTP mediated by …

Notes From A Serf, Rachel Lu

The Journal of Contemporary Legal Issues

F. A. Hayek would have hated Obamacare. This must be distinctly understood, or nothing wonderful can come of the argument I am going to relate.

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Disguising Emotional Distress Damages: Why Permitting Recovery Of “Reasonable And Necessary” Veterinarian Expenses Creates Inconsistency In Virginia, Ethan Payne

Liberty University Law Review

Humans crave companionship. This companionship comes first from a relationship with God and second from an inferior yet ordained relationship with other humans. But what about the creatures not made in God’s image? What about the previously wild creatures we bring into our homes as pets? Many cherish these animals with a love akin to family, especially dogs and cats. But is this the proper pedestal for pets?

This is an ongoing struggle humans have debated since as far back as dogs and cats have been domesticated. As time progressed, select cultures of various geographical backgrounds have subjugated animals, using …

The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison

Liberty University Law Review

A pregnancy that results from a rape is referred to as a rape-related pregnancy (RRP). One of the primary issues surrounding RRP is that, unless terminated by a state family court, the rapist maintains the same parental rights over the child conceived through the rape as any parent would have over their child. Allowing a rapist to keep any level of parental rights is extremely problematic. It forces the rape victim to interact regularly with the rapist, exposes the conceived child to the dangers of a rapist parent, and creates an opportunity for the rapist to weaponize those rights in …

A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton

Liberty University Law Review

Imagine a United States without the Fourth Amendment. The People have no protection against warrantless searches of their homes, belongings, or communications, and the government may invade the privacy of whomever or whatever at its pleasure. This is the exact situation the Founding Fathers designed the Fourth Amendment to protect against. Imagine instead a United States with the Fourth Amendment. The People have protection against warrantless searches of their homes, belongings, and communications, and the government may not invade the privacy of whomever or whatever at its pleasure. But then imagine that these protections are disrupted—jeopardized. Congress passes an act …

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …

United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen

Liberty University Law Review

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child …

The Ethics Of Exploitation: How Social Media Profits From Attention, Addiction, And Data Manipulation, Laeila Scott

NSU Undergraduate Law Journal

The pervasive influence of social media platforms extends far beyond digital interaction, shaping human behavior, manipulating democratic processes, and exploiting user data with minimal oversight. Through the attention economy, these platforms employ algorithms designed to maximize engagement at the expense of users’ autonomy, fostering addiction and cognitive dependency. Manipulative terms and conditions further entrench corporate control, binding users to contracts with the very companies that obscure the extent of data collection and limit legal recourse. The Cambridge Analytica scandal laid bare the dangers of unregulated data harvesting, demonstrating how personal information can be weaponized for political and economic gain.

Beyond …

Discussing The Unconstitutionality Of The Dual Sovereign Doctrine, Kaden Collorafi

NSU Undergraduate Law Journal

This paper critically examines the United States Supreme Court’s long-standing endorsement of the Dual Sovereignty Doctrine, which permits successive prosecutions by both state and federal governments for the same underlying conduct. Rooted in dicta from Moore v. Illinois and formally adopted in United States v. Lanza, the doctrine, in the author’s opinion, has repeatedly undermined the Double Jeopardy Clause of the Fifth Amendment. Despite the incorporation of this clause to the states through the Fourteenth Amendment in Benton v. Maryland, the Court has maintained the doctrine on grounds of judicial practicality and sovereign independence.

Through an in-depth review …

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …

A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar

Publications and Research

This review article is on the psychological effects of ongoing violence on children living in Gaza through a trauma-informed approach to bring together research from academic articles, clinical studies, and journalistic reports published between 2023 and 2025. Based on the sources selected, their focus is on children’s mental health and whether they came from trusted and credible platforms. Rather than just summarizing the research, the paper uses relevant sources to understand how distress shows up in children with mental health struggles such as post-traumatic stress disorder (PTSD), dissociative amnesia, and obsessive-compulsive disorder (OCD). Questions like how they are related to …

Culpable Kids, Cara H. Drinan

Texas A&M Law Review

When a child commits a crime, how do states determine if that child is culpable? There are procedural rules that determine the forum for a minor’s trial and doctrines that limit children’s exposure to the most severe sentencing. But when it comes to culpability, states employ the same substantive law whether the defendant is 50 or 15. As this Article explains, that approach is profoundly flawed. In the early 21st century, in a series of cases known as the Miller trilogy, the United States Supreme Court established that youth are fundamentally different from adults and state sentencing practices must recognize …

The National Bioengineered Foods Disclosure Standard & Absence Claims: The Cost Of The Butterfly, Cahlen Cheatham

Texas A&M Law Review

The National Bioengineered Foods Disclosure Standard (“NBFDS”) is a step in the right direction in providing a uniform labeling standard for genetically engineered organisms (“GEOs”) that meet the statutory definition of “bioengineered.” Importantly, the law provides a consensus that GEOs are safe and that labeling standards should be uniform across the United States. However, the law largely fails to settle the broader debate and the issues associated with GEO labeling. Namely, the NBFDS’s use of the term “bioengineered” causes additional confusion, and terms like “genetic modification” and “genetic engineering” remain ambiguous. Furthermore, the Final Rule promulgated by the U.S. Department …

How Experts View The Legal System's Use Of Scientific Evidence, Shari Seidman Diamond, Richard Lempert

Articles

Legal scholars and courts frequently write about how scientific evidence is vetted and presented in legal proceedings, but the views of experts themselves have received little attention. Our research aims to fill that gap. This paper reports some of what we learned from a series of surveys we conducted, beginning with a survey in 2016 of scientists who had been elected to membership in the American Academy of Arts and Sciences.3 Subsequent surveys were directed to subscribers of the journal Science who identified as scientists and engineers and to self-identified experts who advertised their availability as experts to lawyers or …

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …

The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos

Doctoral Dissertations and Projects

The phenomenological study aimed to define the color-blind racial ideology, understand the effect of the color-blind racist ideology on people of color and determine the perception of racial disparity within the criminal justice system by male minorities within Bell County, Texas. The critical race theory, also known as CRT, explains how the white privileged maintain their standing, allowing them to subjugate others based on their social rank. The author describes the racial disparity within the criminal justice system through the CRT. The author collected data from minority males and those over 18 years old. The information was gathered using a …