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The Paradox Of Equal Protection: Anti-Subordination Rhetoric In Service Of Anti-Classification Ends, Aanya Ghosh

Bates College Undergraduate Law Review

This article examines the evolution of Equal Protection jurisprudence through the competing lenses of anti-classification and anti-subordination. Anti-classification holds that the Constitution prohibits governmental use of racial categories regardless of purpose; anti-subordination holds that the Equal Protection Clause targets the perpetuation of racial hierarchy rather than the mere use of racial categories. Beginning with the foundational ambiguity of Brown v. Board of Education (1954) and tracing the doctrinal trajectory through Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), Parents Involved in Community Schools v. Seattle School District No. 1 (2007), and Students for Fair Admissions …

Reassessing Mining Share Divestment In Indonesia: Legal Challenges And Environmental Accountability, Ida Sumarsih, Luo Yuan Yuan

Indonesia Law Review

This article examines mining share divestment in Indonesia as an instrument of state control over natural resources and assesses the legal, institutional, and environmental challenges affecting its implementation. Using a normative legal approach, the study analyzes the applicable constitutional, statutory, and regulatory framework, supported by cases involving PT Kasongan Bumi Kencana, PT Newmont Nusa Tenggara, and PT Freeport Indonesia. The analysis identifies recurring problems relating to delayed compliance, fragmented institutional authority, limited financial capacity among Indonesian participants, and disputes concerning share valuation. Public Choice Theory and Rational Choice Theory are employed as supplementary analytical lenses to explain governmental decision-making concerning …

Human Dignity In The Foundational Political Documents Of The United States, Kalista Roades

Honors Theses

Human dignity is integral to modern discussions of human rights and liberties, but this connection can be found stretching back through history to the early developments of human rights. This paper begins with modern philosophical definitions of human dignity, especially from Rosen and Kateb. Rosen discusses four “strands” of dignity- Intrinsic Dignity, Status Dignity, Manner Dignity, and Respect Dignity. This paper then uses that framework to find human dignity implicit within the founding documents of the United States including the Declaration of Independence, the Constitution, and the Bill of Rights, as well as “Common Sense” and the Magna Carta to …

Bates College Undergraduate Law Review: Volume Iii, Issue I, Spring 2026, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

From Dissent To Terrorism: The Formation Of A Security Grammar In Malaysia, Haezreena Begum Binti Abdul Hamid Dr

Indonesia Law Review

The absence of a universally accepted definition of terrorism has enabled states to exercise wide discretion in naming, governing, and exceptionalising violence. This article argues that, in Malaysia, “terrorism” did not emerge as a neutral legal category but as the product of a historically evolving security grammar, a patterned way of interpreting ideology, dissent, and conflict through the lens of existential threat. Employing a qualitative doctrinal socio-legal methodology, the study integrates analysis of international and Malaysian legal frameworks with case-based examination of key episodes, including Memali, Al-Arqam, Al-Ma’unah, Lahad Datu, and ISIS-linked incidents. Statutes, judicial decisions, policy materials, and regional …

Ai Mistakes: "Confabulation" And Abduction, Not "Hallucination", Stephen M. Mcjohn, Ian Mcjohn

Suffolk University Law School Faculty Works

"Hallucination" has become the common term for errors by AI systems, yet it implies a misleading analogy to human perception. LLM's process tokens. They do not have conscious experience or conscious perception. A hallucination is an experience, and (to our knowledge, to date) LLM's do not experience anything. This paper suggests that legal scholars follow the lead of a small number of AI researchers who have suggested that "confabulation" is a more accurate term, a metaphor grounded in psychology. People confabulate when they unknowingly invent spurious explanations or facts. We then take this terminological question and stretch it into a …

Voices From The Field: A Phenomenology Exploring Elementary Teachers’ Experiences Of The Impact Of Policy On Teaching Reading, Donna T. White

Doctoral Dissertations and Projects

The purpose of this transcendental-phenomenological study was to understand the lived experiences of reading teachers who implement policy-driven reading practices in elementary schools within urban school districts in Maryland. The theory guiding this study was Bandura’s theory of self-efficacy. The policies governing how teachers teach reading in Maryland's elementary schools informed this study. The Central Research Question was, " How do elementary teachers’ lived experiences of implementing reading policy in the classroom affect reading instruction? A transcendental-phenomenological research design was combined with purposive sampling and involved responses from 10 participants from urban school districts in Maryland. Transcript coding was used …

Whose Fault Is It Anyways?: An Investigation Into Mississippi Divorce And Contested Custody Laws In Practice, Charles Conner

Honors Theses

When compared to almost any other state in the country, Mississippi is an outlier when it comes to divorce and child custody laws. Mississippi still retains a fault-based system to adjudicate contested divorces and still maintains best interest of the child as the default custody standard in court. These standards make Mississippi an exception nationally, requiring dedicated hearings to assign blame for the collapse of a marriage. This thesis aims to study how this unique system has impacted those going through it by surveying attorneys in the state who practice family law. This thesis will compare experiences both nationwide and …

Early Educational Benefits In Criminal Justice Learning And Practice: Efficacy Of High School-Level Criminal Justice Programs, Richard Brewer

Doctoral Dissertations and Projects

The value of educational progress and placing optimally educated agents into the criminal justice career field has been carefully examined throughout the history of justice, and the procurement of skills and knowledge applicable to field operations is aligned with several core Peelian tenets. The safe assumption is that every police action is observed or documented, and efforts must be made to build bridges to amend the law enforcement misconducts of yesteryear. One methodology to reduce the number of undesired incidents, expand occupational growth, and obtain optimal confidence levels among personnel in the volatile policing arena is implementing earlier learning development …

Waking Up From The Resident Duty-Hour Nightmare, Olivia Jack

Health Matrix: The Journal of Law-Medicine

Lengthy, grueling hours have long been the tradition for physicians-in-training, but resident exhaustion is a threat to patient and resident safety in the United States. This Note outlines the historical development of resident duty-hour regulation and examines the political and professional forces that continue to shape the current system. It argues that the current accreditation-based approach, that nearly all states rely on, inadequately protects residents and patients. This Note proposes several legislative and regulatory solutions, but suggests that in this moment of history, states are uniquely positioned to fill the regulatory gap. Such solutions include mandatory automated duty-hour tracking, regular …

It's Magic?: Ozempic, Addiction Treatment, And The Law, Amandeep S. Grewal

Health Matrix: The Journal of Law-Medicine

The world may finally have a cure for drug addiction: Ozempic. That drug, popularly used for weight loss treatment, has spawned miracles for many patients. Their cravings for alcohol, opioids, nicotine and other addictive substances have disappeared along with their waistlines. But the legal system might not be ready to handle Ozempic. Some laws and policies discourage medication-assisted addiction treatment, especially in drug court systems. Drug court participants often face pressure to achieve sobriety through Alcoholics Anonymous and other twelve-step programs, rather than with medical assistance. Legal scholars and harm reduction advocates probably go too far in the other direction. …

Female Genital Cutting In American Foreign Policy – Proposal For Harm Reduction, Charlotte Racine

Bates College Journal of Political Studies

Female Genital Cutting/Mutilation (FGC/M) has gained international attention as an issue of human rights and violence against women and girls. The United States, as a leading world power, has openly opposed its practice and actively condemns it in communities and countries of the Global South, yet it fails to oppose or condemn as staunchly identical procedures within its borders. The simultaneous condemnation of FGC when it occurs in “undeveloped” countries and acceptance of American procedures like cosmetic genital modification surgeries, male circumcision, and “corrective” surgeries on intersex infants produces a narrative of cultural superiority and imperialism that harms the international …

Occupational Stressors Correlated With Depression And Burnout Among Criminal Defense Attorneys, Fay Frances Spence

Walden Dissertations and Doctoral Studies

No prior studies have compared occupational stressors of criminal defense lawyers by practice setting (public defender, court-appointed, or retained). In this mixed-method study, the goal was to identify occupational stressors perceived by criminal defense lawyers in different settings and to determine if those stressors were correlated with depression, anxiety, and burnout, using Maslach’s burnout-engagement continuum as the theoretical framework. Based on stressors identified in semistructured interviews with 15 criminal defense lawyers, the Criminal Defender Stress Survey (CDSS) was created to measure the frequency and perceived intensity of identified stressors. The CDSS was incorporated into an online survey, along with the …

Public Perceptions Of The Use Of Artificial Intelligence In Voir Dire, Carson Snyder

Honors Projects

Attorneys have increasingly utilized AI tools to improve efficiency, and one area of application is in jury selection, or voir dire. Public concerns involving AI can have negative implications on how the use of AI tools in voir dire would be received. This study seeks to answer how an attorney’s use of AI in voir dire impacts the public’s perception of the process. Previous research is limited, though findings relating to privacy being a leading concern, increased perception of risk for when error outcomes are more serious, and historical abuse of peremptory challenges outline potential reasons for public disapproval of …

The Florida “Educational” And Employer Censorship Statutes: Constitutional Challenges, Joel E. Davidson

UC Law Constitutional Quarterly

No abstract provided.

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It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Unsettling Settled Science: The Perils Of And Rationale Behind Blind Faith In Forensic Evidence, Jaclyn Marra

University of Miami Race & Social Justice Law Review

Science—a seemingly compelling and infallible adjudicative element—plays a pivotal role in criminal trials, serving as a cornerstone for evidence interpretation and decision-making. However, the perceived infallibility of scientific evidence often masks its inherent limitations and vulnerabilities. Forensic methods, widely regarded as objective and precise, can suffer from a plethora of inconspicuous constraints—including flawed methodologies, human error, and biases—which undermine their reliability. The American public and legal system frequently place undue trust in forensic evidence and experts, influenced by portrayals of their certainty in media and popular culture. This phenomenon has been referred to as the “Reverse CSI Effect.” This note …

“Tolling For The Outcast”: A Therapeutic Jurisprudence Consideration Of The Relationship Between The Americans With Disabilities Act, Death Row Conditions, And Capital Punishment, Michael L. Perlin, Esq., Talia Roitberg Harmon, Maren Geiger, Chelsea Henning

San Diego Law Review

The press has regularly reported on the level of abysmal conditions on death rows in those states that have retained capital punishment. Death-row prisoners are often incarcerated in solitary confinement, and are subject to much more deprivation and harsher conditions than other prisoners. As a result, many experience declining mental health, and it has become clear that persons with mental illness are disproportionately put to death. Some litigants have turned to the Americans with Disabilities Act (ADA) as a potential source of relief; the Supreme Court’s decision in Pennsylvania Department of Corrections v. Yeskey underscored that the act’s language “unmistakably …

Constitutional Theory At A Catholic University, J. Joel Alicea

Catholic University Law Review

I argue that the study of constitutional theory is ideally suited to benefit from the intellectual climate of a Catholic university. To make that argument, I address three questions. First, in what ways does constitutional theory benefit from the intellectual disposition of a Catholic university? Second, what might be the potential drawbacks or risks involved in studying constitutional theory at a Catholic university? And finally, how can one gain the benefits of being a constitutional theorist at a Catholic university while avoiding any potential risks that attend that setting?

Frozen Identity: How Rigid Conceptions Of Sexuality Endanger Lesbian Asylum Claims, Mariajose De La Hoz

Northwestern Journal of Law & Social Policy

Bias, stereotypes, and antiquated conceptions of sexual orientation erect systemic barriers for lesbian women seeking asylum in the United States. Decision-makers with a limited understanding of LGBTQI+ identities impose expectations that reinforce stereotypes while discrediting applicants’ lived experiences. This results in adverse credibility determinations that distort evidentiary burdens and deny relief to applicants with legitimate claims. This Note examines how fixed conceptions of identity endanger the asylum process for lesbian women fleeing persecution based on their sexual orientation. Proposed solutions include statutory reforms, updated training for asylum officers, and a shift toward evaluating claims through the applicant’s lived experiences rather …

Institutional Timidity: Reading Len Rubinowitz Toward A Structural Theory Of Civil Rights Enforcement, Sheldon Bernard Lyke

Northwestern Journal of Law & Social Policy

This Article first documents institutional timidity in fair housing enforcement through Rubinowitz’s empirical account of HUD and then extends the analysis to higher education admissions. It shows that universities defending affirmative action uniformly adopted the diversity rationale while declining to argue that race-conscious admissions correct for bias embedded in their own criteria. These choices did not merely weaken outcomes; they also helped produce the doctrinal frameworks that later constrained them. In identifying institutional timidity as a mechanism of doctrinal production, this Article extends Rubinowitz’s insights across domains and into constitutional law. It concludes by proposing strategies that shift civil rights …

Restrain, Seclude, Repeat: Seeking Solutions To End The Troubled Teen Industry’S Cycle Of Harm, Elizabeth James

Northwestern Journal of Law & Social Policy

Although there is a consensus that children receiving mental health treatment in youth residential programs should only be restrained and secluded in emergency situations, youth residential program staff routinely restrain and seclude children in non-emergency situations, causing significant physical and psychological harm to the child and, on occasion, leading to the child’s death. Current federal and state laws do not adequately regulate this practice, nor correct a business model that wrongly prioritizes profits over a child’s well-being, but private action through 42 U.S.C. § 1983 may provide a powerful remedy to victims of the troubled teen industry and the necessary …

Looking For Loopholes: Are Suicide Notes Really Admissible As Dying Declarations?, Marc D. Ginsberg, Hugh M. Mundy

Cleveland State Law Review

The “classic” dying declaration under Federal Rule of Evidence 804(b)(2) is made by a person near death from fatal wounds or illness who makes a statement to a third party about who inflicted the wounds or caused the illness. The rule is based on the belief that persons making such statements are unlikely to lie as the sense of impending death removes “all temptation to falsehood.” Thus, in theory, the dying declaration bears an imprimatur of trustworthiness justifying its admission as a hearsay exception.

Still, the exception for dying declarations has been described as “the most mystical in its theory …

Unprotected In Public: Street Harassment And The Legal Control Of Female Resistance, Joanne Sweeny

Cleveland State Law Review

This Article traces the historical development of street harassment from its emergence in the Victorian era to its contemporary manifestations, situating it within broader social, legal, and gendered frameworks. It explores the cultural and structural forces that have enabled street harassment to persist over time, examining how it functions as both a method of gendered control and a reflection of public space dynamics. While street harassment has long been recognized by those who experience it as a form of violence and domination, the law has consistently failed to treat it as such. Instead, legal responses have often focused not on …

When Is Style Substance?, Jordi Fernadez Servitje

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

While we are all aware of our ability to judge a book by its cover, our critical eye extends beyond the face of the book and to the font it is printed in as well. Strictly speaking, font refers to the size, weight, and style of a particular letter, while typeface refers to the overall style and design of the script. The term font comes from the days of physical printing; the font was the metal stamp used for each particular letter. Physical fonts have become antiquated by the advent of digital printing, but in common vernacular, font has remained …

Defenders Assemble: A Blueprint For Building Antiracist Public Defender Offices, Ieshaah Murphy

Seton Hall Law Review

No abstract provided.

The Roots Of Reasoning: An Analysis Of Irac’S Reductive Framework And The Restoration Of The Rhetorical Foundation, Leslie Patrice Culver

Seton Hall Law Review

No abstract provided.