Digital Commons Network^™

Discrimination That Requires A Remedy: The Case Of Mothers Of Children With Disabilities, Ewa Rejman

Mercer Law Review

International human rights law devotes particular attention to the protection of vulnerable groups owing to their special needs and distinctive challenges which should be adequately considered. Building upon this premise and stressing the importance of gender approach, the Article describes particular vulnerabilities that mothers of children with disabilities face and explains how addressing them remains contingent upon safeguarding, in particular, the right to the highest attainable standard of health, the right to social security, the right to an adequate standard of living and the right to family life. Through the analysis of the responsibility for the omission in international law, …

Beyond Politics: Rethinking The Conversation On Gender-Affirming Care For Youth, Olivia Sanders

Mercer Law Review

According to a study conducted in June of 2022 by the Williams Institute School of Law, nearly 300,000 youth members in the United States identify as transgender. According to these calculations, this statistic indicates that “[t]he number of young people who identify as transgender has nearly doubled in recent years.” Gender‑affirming healthcare is usually administered to treat gender dysphoria, which is defined as “a state of distress or discomfort that may be experienced because a person’s gender identity differs from that which is physically and/or socially attributed to their sex assigned at birth.” A 2021 study conducted by Reuters exposed …

Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry

SACAD: Scholarly Activities

The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)

Christopher Tapp, Haley Schoenberger

SACAD: Scholarly Activities

Christopher Tapp was wrongfully convicted for the murder and rape of 18-year-old Angie Dodge and the use of a deadly weapon in Idaho. This took place in 1996. This highlights the damages and dangers of coerced confessions and failures within the criminal justice system. Tapp was convicted even though there was no physical evidence linking him to the crime. He was sentenced to 30 years to life because of a confession extracted by the police’s interrogation and a false witness statement. The DNA at the scene did not match Chris but he was still imprisoned for 20 years. In 2019, …

Are Technology And The Law On The Same “Wavelength”?: Examining The New Frontier Of Brainwaves And Data Privacy, John G. Browning

North Carolina Journal of Law & Technology

No abstract provided.

Property And Prejudice, Fatma E. Marouf, Vanessa Casado Pérez

Faculty Scholarship

“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food …

Too Much Time Alone: Disciplinary Segregation As A Cruel And Unusual Punishment, Elijah Swolgaard, Spencer Schlag

Brigham Young University Prelaw Review

Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

The Harms Of Expanding Physician-Assisted Suicide, Katherine Drabiak

Health Matrix: The Journal of Law-Medicine

Currently, nine states and the District of Columbia have passed laws in the U.S. to legalize and regulate the practice of physicianassisted suicide (“PAS”). Proponents initially garnered public support by portraying PAS as distinct from suicide, framing it as a rare mechanism for patients with terminal illness to achieve a peaceful death, enhance autonomy, and reduce suffering. Original state laws contained numerous eligibility requirements designed as safeguards to provide stringent limits. However, over the past few years proponents of PAS have systematically worked to expand PAS and erase these limits by increasing eligible providers, reducing waiting periods, and eliminating residency …

Medical Necessity And Prior Authorization: The Unregulated Power Of Insurers, Virginia Lefever

Health Matrix: The Journal of Law-Medicine

The absence of a uniform federal definition of “medical necessity” in employer-sponsored health plans has allowed insurers to create their own coverage standards, often resulting in inconsistent and opaque determinations that limit access to essential care. This Note argues that ERISA’s silence on medical necessity grants insurers excessive discretion, enabling restrictive prior authorization policies that disadvantage patients and providers alike. By analyzing judicial interpretations, regulatory gaps, and the disparate standards imposed by insurers, this Note makes the case for a federally mandated definition of medical necessity applicable to all employer-sponsored plans. A standardized definition would promote transparency, reduce litigation, and …

Holding Ground In The Cerulean Tide: Minority Party Legislators' Strategies For Advancing Climate Policies In Landslide States, Sukjae Lee

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

This dissertation addresses a key puzzle: Why do states sometimes adopt nationally polarized policies, such as climate change legislation, even when doing so does not align with strict partisan interests? The analysis focuses on “landslide states,” where a single party overwhelmingly dominates, and the minority party cannot realistically expect to gain a majority. In these environments, reduced partisan conflict allows minority party legislators to break from traditional partisan paths. As a result, I argue that electoral motivations drive them to signal moderation by advancing liberal policy agendas or incorporating provisions that minimize backlash from their core constituents in landslide states. …

Lockdown Lessons: How Remote Proctoring Continues To Discriminate Against Disabled Students In A Post-Covid Era, Abigail Johanson

The Journal of Law and Education

No abstract provided.

The Impact Of The National Teacher Shortage On The Right To An Adequate Education, Anslee Wood

The Journal of Law and Education

No abstract provided.

Censorship As A Cure For The Youth Mental Health Crisis In The United States: Utah's Social Media Ban For Minors, Lora M. Singh

William & Mary Journal of Race, Gender, and Social Justice

On October 1, 2024, Utah’s Social Media Regulation Act was scheduled to go into effect, regulating minors’ access and relationship to social media platforms. The Act will, in part, require minor account holders to obtain parent or guardian consent to maintain a social media account, limit the hours minors can be on social media, and prohibit social media platforms from using “addictive” features with minors’ social media accounts. Utah’s Legislature enacted the Social Media Regulation Act in response to the current mental health crisis among Utah minors, which is part of a larger mental health crisis among youth across the …

New Jersey And Guardians: Perfect Together? Suggested Improvements To Guardianship Laws In New Jersey For Adults With Developmental Disabilities, Caroline H. Osborne

William & Mary Journal of Race, Gender, and Social Justice

New Jersey has a large population of adults with developmental disabilities, and many family members of adults with developmental disabilities will seek guardianship. Guardianships and conservatorships have been gaining widespread media attention and awareness. With celebrities coming forward to discuss their experiences and movies being made about their potential for abuse, there has been a new focus on reforming the systems that are in place to improve outcomes for those being placed under guardianships.

Guardians and conservators have been identifying several problems with the current system, including that it is too difficult to secure guardianship over their loved ones, and …

The Waiting Is The Hardest Part: The Constitutionality Of Firearm Waiting Periods, F. Lee Francis

Dickinson Law Review (2017-Present)

This Article examines the constitutionality of firearm waiting period laws through the lens of the Supreme Court’s evolving Second Amendment jurisprudence. Although such laws are frequently defended as prudent public safety measures, their validity turns not on legislative purpose but on constitutional principle, particularly as framed in District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen.

Under those decisions, the scope of the Second Amendment is determined not by judicial balancing of contemporary interests, but by reference to the Nation’s historical tradition of firearm regulation. The Article surveys that tradition and finds no …

Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson

Dickinson Law Review (2017-Present)

In the United States, states universally may consider the child’s wishes when determining their custody placement. While their decision or preference is not binding for the judge, it allows the child meaningful participation in decisions that directly affect them. There are many ways courts can ensure a child’s voice is heard: through an interview with the judge, professional evaluations, child advocates, and even child-inclusive mediation. Yet state laws give judges broad discretion when determining how to weigh the child’s wishes.

This discretion will inevitably leave some children behind without having their voices heard. Allowing children meaningful participation in their custody …

The Misfortune Of Attending School While Black In A Fifth Circuit State, Shelley Ward Bennett

Washington and Lee Law Review

Tens of thousands of children, including disproportionate numbers of Black children, are hit in school every year. More than 50 percent of these students live in the Fifth Circuit states of Mississippi, Louisiana, and Texas. Decades of government data, including the Department of Education’s most recent reports, reveal that Black students receive alarmingly inequitable rates of corporal punishment, demonstrating this education practice to be a legal form of institutionalized racism.

This Article uniquely focuses on the archaic discipline practice’s effects on Black students in Fifth Circuit states. Fifth Circuit law addressing students’ rights in corporal punishment cases has developed into …

Preserving Pixels: The Dmca And The Quest To Preserve Video Gaming’S Legacy, Samantha Ennis

Washington and Lee Law Review

Video games have fundamentally transformed how humans learn, play, and connect, becoming essential cultural artifacts that warrant careful preservation for present and future study. Yet, video game preservation has emerged as a critical challenge for cultural institutions as the medium rapidly evolves and early works become inaccessible due to technological obsolescence and legal barriers. Without immediate action to address the limitations of current Digital Millennium Copyright Act (“DMCA”) exemptions for video game preservation, libraries, archives, and museums risk permanently losing access to historically significant games, with studies showing 87% of pre-2010 video games are already inaccessible. Congress should amend the …

Assessing The Accelerated Threat Of Bioterrorism In The Age Of Ai, Janelle Radcliffe

William & Mary Environmental Law and Policy Review

This Note argues that the accelerated use and growth of easily accessible artificial intelligence systems will result in malicious individuals using artificial intelligence to engage in acts of bioterrorism. Part I will discuss how artificial intelligence works generally. Part II will discuss how AI can be used in carrying out attacks of bioterrorism. Part III will discuss suggested governmental regulations, including the creation of a new Data Privacy, Cybersecurity, and Artificial Intelligence Regulating Department that can conduct the evaluation and limitation of publicly available information, use threat modeling to strengthen biosecurity measures, make artificial intelligence use in terrorism a criminal …

Torture And The Yemen Civil War, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

No abstract provided.

Making Super Soldiers: Command Authority And The Implications Of “Getting To Yes”, Christopher J. Lin

Health Matrix: The Journal of Law-Medicine

The capability and will to enhance soldiers’ minds and bodies for warfare have existed throughout the centuries and across nations, from Ancient Greek hoplites partaking in wine before battle to calm nerves, to American servicemembers consuming amphetamines to remain awake during long-range reconnaissance missions in the Vietnam War. With advancements in biomedical technology, certain types of enhancements entail modifications with varying degrees of permanence to enhance battlefield performance. This Article explores the historical context and contemporary developments of biomedical enhancements, with a focus on the longstanding deference to military command authority regarding issues of individual autonomy. By examining the impacts …

From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham

Senior Honors Projects

The Criminal Element is an innovative, victim-centered podcast that bridges the gap between criminological theory and real-world criminal cases. The podcast is designed as an educational resource for undergraduate Criminology and Criminal Justice students, alongside general audience members interested in learning more about criminological theory. Through the lens of true crime, this podcast is an engaging exploration of foundational and advanced theories while avoiding sensationalism and exploitation, a prevalent problem among true crime media. Each episode connects criminological theoretical concepts – such as strain, social learning, and social disorganization – to contemporary and historical cases, providing listeners with accessible and …

Gold & Blue Law Edition, Spring 2025, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Spring 2025 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Just To Be Safe, Let’S Keep Ignoring What “Arms” Meant In 1791, Jack Thorlin

Dickinson Law Review (2017-Present)

The Supreme Court held in District of Columbia v. Heller and reaffirmed in New York State Rifle & Pistol Ass’n v. Bruen that “arms,” referred to in the Second Amendment, are common weapons useful for lawful purposes. The majority argued that militiamen fought with whatever common weapons they had on hand for civilian purposes, such as self-defense and hunting. Therefore, under Heller, only those weapons are covered by the Second Amendment. However, Heller did little to ground the “self-defense” theory of “arms” in original public meaning or even actual history. Commonality and lawful purpose have proved difficult for lower …

Navigating The Legal Risk Universities' Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes' Future Nil Income While Following The Ncaa's Mental Health Best Practices, Kenneth D. Ferguson

Faculty Works

This Essay is written to address a series of questions encompassing name, image, and likeness (NIL) opportunities available to collegiate athletes in sports where the potential is high for head and other career-ending injuries. Sports performance can produce significant economic value through NIL. Decisions made by team physicians, athletic trainers, or other healthcare professionals may affect a collegiate athlete's potential for financial gains expected through NIL. These physicians, athletic trainers, and other healthcare professionals will have to consider whether they could be held personally liable for health care-related decisions affecting financial gains collegiate athletes could potentially experience from NIL.

Part …

From Peeping Toms To Pixel Tracking: Privacy In The Digital Age, Francesca Faugno

UC Law Business Journal

No abstract provided.

Truth, Fiction, And Abolition, Xiao Wang, Samuel Weiss

Michigan Law Review

A review of Chain-Gang All-Stars. By Nana Kwame Adjei-Brenyah.

Some Realism About Originalism, William J. Novak

Michigan Law Review

A review of Memory and Authority: The Uses of History in Constitutional Interpretation. By Jack M. Balkin.

Taking Revolution Seriously, Zohra Ahmed

Michigan Law Review

A review of Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt. By Orisanmi Burton.