Digital Commons Network^™

Look To The Children: How New Jersey's Anti-Bullying Bill Of Rights Can Provide A Framework For Workplace Bullying, Bridget Knodel

Seton Hall Law Review

No abstract provided.

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Don’T Just Ask The Kids: Toward A More Deliberate Approach To Child Advocacy, Dale Margolin Cecka

Maryland Law Review

No abstract provided.

Leaving Room For Rehabilitation In The Theory And Practice Of Criminal Restitution, Jessica C. Frisina

Maryland Law Review

No abstract provided.

Rural Mass Incarceration And The Politics Of Punitiveness, Gregory Brazeal

Maryland Law Review

No abstract provided.

The Intangible Nagpra, Trevor Reed

Maryland Law Review

No abstract provided.

Wastewater Monitoring And Informed Consent: Interrogating The Research/Surveillance Binary Under The Common Rule, Morgan Cole

Maryland Law Review

No abstract provided.

Which Place Governs A Placeless Place: Predicting Jurisdiction In The Metaverse, Morrease Leftwich

University of Miami Business Law Review

Oliver Wendell Holmes’s famous characterization of legal study as “prediction” takes on renewed significance as courts confront novel jurisdictional questions in blockchain cases, particularly as technological innovation accelerates and transforms the digital landscape. Among these developments is the metaverse, which combines blockchain financial technology with early visions of the internet as a distinct realm for social interaction.

Concrete problems already emerging in these immersive environments underscore the stakes: Platform‑engineered anonymity and scale make user‑to‑user harms effectively unpoliceable, what recent work calls the “veil of scale,” frustrating redress even when laws apply. Amid this difficulty in identifying bad actors, scholars have …

The Body At The Mercy Of The State: Sama V. Hannigan And The Fragmented Right To Refuse Across State Lines, Mallory Yeates

UC Law Constitutional Quarterly

Courts have long recognized bodily autonomy as a core constitutional value. Yet, doctrine governing reproductive healthcare tells a different story. Sama v. Hannigan exposes the fragility of the right to refuse medical treatment, particularly for incarcerated patients whose claims must survive the demanding standard of qualified immunity. When physicians removed Carrie Rahat Sama’s ovary despite her explicit refusal, her constitutional claim failed because no precedent with sufficiently similar facts had previously condemned such conduct. This case reveals how the “clearly established” prong of qualified immunity can foreclose redress for blatant violations of autonomy.

This Note argues that the viability of …

Finality Is Not The Last Word, Bidish Sarma

Akron Law Review

Finality has long been upheld as a powerful governmental interest in the context of criminal adjudications. However, its nearly mythic status in our law belies its ongoing utility. Rather than fulfilling its historical goals of preserving resources and focusing incarcerated individuals on the task of rehabilitation, finality today undermines focus, facilitating mass incarceration and perpetual punishment. We are not required to accept finality as the last word; instead, we can and should interrogate its value in light of the system we have built.

This Essay briefly traces the historical development of finality in American jurisprudence. It then outlines the subsequent …

"The Silence Of The Farms": Suppressing Speech And Trampling Transparency To Shield Big Ag, Erin Okuno

Texas A&M Law Review

Do you really know where your last meal came from and whether it was safe to eat? Most people are not aware of the often appalling conditions at agricultural production facilities (aptly known as “factory farms”), including worker injuries and abuse, contaminated food, and environmental pollution, as well as the horrific ways in which the animals are kept, raised, and slaughtered. In the face of these concerning conditions and alarmingly frequent food recalls—including millions of pounds of contaminated meat—it would seem prudent to increase transparency at factory farms, but historically, they have operated behind a shield of secrecy due to …

On Becoming A Lawyer: Authentic Professional Identity Formation And The Future Of Legal Education, Colin Black

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Place Names And Presidential Control, Austin Kruse

Northwestern University Law Review

Since the start of his second term, President Trump has issued executive orders at an extraordinary pace, using them to advance a broader ideological agenda across the administrative state. While scholarly attention has largely focused on the most sweeping of these directives, less prominent orders raise similar concerns about the reach of presidential power. This Note examines one such order: Executive Order 14,172, which directs the renaming of the Gulf of Mexico and Denali and expands presidential influence over the U.S. Board on Geographic Names (BGN).

Although geographic naming is ostensibly apolitical, place names are deeply entangled with questions of …

America Has A Problem: How The Student Criminalization Nexus Helps Maintain America's Modern Caste System, Kaela Allen

Northwestern Law Journal des Refusés

No abstract provided.

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Detention Before Adjudication: Evaluating Its Role In Juvenile Justice Outcomes, Ella Morrow

2026 Spring Honors Capstones Projects

Pre-adjudication detention involves confining juveniles while they await a hearing, aimed at ensuring court appearance and upholding public safety. However, the use of pre-adjudication detention has expanded significantly, which has raised concerns regarding the impact on juvenile justice outcomes. This study reviews established peer-reviewed research and observational data from internships to evaluate how this type of detention influences legal outcomes and juvenile development. The research findings demonstrate that detention is associated with harsher dispositions, higher recidivism rates, and long-term consequences. For example, a 38% reduction in high school graduation rates is attributed to pre-adjudication detention. Research has also shown that …

Facing The Accused: The Confrontation Clause And Protecting Child Victims Of Sexual Abuse, Raquel Pearson

Idaho Law Review

The Sixth Amendment’s Confrontation Clause provides individuals the right to confront witnesses testifying against them. For decades, Idaho case law has grappled with the delicate balance between protecting victims of sexual assault and upholding defendants’ rights to cross examine their accusers. This delicate balance is further exacerbated when sexual assault cases involve minors, particularly in deciding whether victim statements implicate the Confrontation Clause. The Idaho Supreme Court considers the totality of the circumstances when evaluating whether a defendant’s right to confront a witness has been violated, but the standard for when the Clause is triggered remains unclear.

This Note seeks …

From Stigma To Statute: A Historical And Legal Comparative Analysis Of Involuntary Commitment Laws In Idaho, Jessica Cambron

Idaho Law Review

A lesser-known area of law in Idaho concerns the involuntary civil commitment process, a process by which thousands of people per year are committed to hospitals around the state. These laws, specifically in Idaho, govern the criteria which must be met for a person to be placed on an involuntary hold, detained in a hospital setting awaiting proceedings, or potentially committed.

Understanding the evolution of mental illness and the role of involuntary commitment – including successes, failures, and challenges – is essential to navigating reform. This Comment provides a brief history of mental illness, including key cultural events and cases …

Supporting Positive Interactions With Individuals With Disabilities: A Law Enforcement Guide, Brittany James Jefferson, Mary Jan Greer

Spring 2026 OTD Capstone Symposium

This capstone project developed an educational guide to support law enforcement officers in creating safe and effective interactions with individuals with disabilities. A needs assessment informed the guide’s development, which was grounded in occupational therapy principles and the Person Environment Occupation Performance (PEOP) model. The guide was implemented within a law enforcement setting and evaluated through officer feedback. Findings indicated strong baseline experience among officers, with added value in providing structured strategies to support communication, interpretation, and de-escalation. This project highlights the role of occupational therapy in promoting inclusive, community-based practice.

Battlefield Uncertainties And The Use Of Ai, Tsvetelina Van Benthem

International Law Studies

This article explores the relationship between uncertainty in armed conflict, the use of artificial intelligence (AI), and the content of international law. It first provides a review of different types of conflict-related uncertainty, both internal to the party to conflict and external, and considers the interaction between these existing uncertainties and the use of AI. In so doing, it also explores the new uncertainties that can be introduced through AI. Second, it analyzes national submissions on military uses of AI and autonomous weapons to outline the uncertainties raised by States and their relevance for regulatory approaches to the use of …

Administering Election Disputes, Rebecca Green

University of Miami Law Review

U.S. election administration has become supercharged with controversy. A process that should be mundane—casting and counting votes—has become the target of relentless litigation, much of which ends in non-merits rulings that risk perpetuating rather than resolving public concerns. The high volume of election litigation is costly, strains election officials, and risks eroding public trust in both elections and the courts. Recognizing the need to resolve election claims fairly and efficiently, Administering Election Disputes examines administrative remedies as an under-theorized alternative to judicial resolution. Increased use of well-designed administrative election dispute resolution (AEDR) could reduce pressure on courts, deliver faster and …

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …

Art Battle: Perceptions Of Criminality In Rap Vs. Stand-Up Comedy, Abiodun A. Akinseye, Fabiana Alceste, Ashley N. Peters

Midwest Social Sciences Journal

Applied research on perceptions of rap music shows that it is viewed more negatively than other musical genres, such as rock or country (e.g., Dunbar et al., 2016). This is in part due to associations between rap and Blackness, including stereotypes about Black people in general and about rappers specifically (e.g., Reyna et al., 2009). In the United States, prosecutors will sometimes present a rapper’s lyrics as a form of confessionary evidence in the courtroom (e.g., State of New Jersey v. Vonte Skinner, 2012). The practice of using art as criminal evidence appears to be unique to the musical genre …

The Effectiveness Of Wellness Programs On Public Safety Personnel, Thomas T. Nguyen

Doctoral Dissertations and Projects

Stressful situations have become a common theme that many first responders have encountered while on the job. As more studies have surfaced regarding the causes of stress, the ability to reduce stress while minimizing any adverse reactions that result from them have been minimal. Just as the catalysts for stress are not the same for everyone, the reactions to treatments that are offered will vary in effectiveness. Since not all agencies have programs in place to deal with the mental and physical traumas that affect first responders, the focus will be on one agency that has recently implemented multiple treatment …

Deliberately Silenced, Rachel Kincaid

Mercer Law Review

The Prison Litigation Reform Act is celebrating its 30^th birthday this year. It was designed to make it harder for incarcerated people to file lawsuits challenging the constitutionality of their conditions of confinement and to restrict their remedies even when they do so successfully. It has been wildly effective at achieving those objectives. It has also propped up mass incarceration and facilitated the persistence of dismal conditions of confinement in carceral facilities in the United States.

The PLRA’s exhaustion requirement—arguably its most damaging provision—silences carceral voices without regard for the merit of their complaints. It does so by mandating …

Lyrics On Lockdown: An Analysis Of The Admissibility Of Rap Lyrics Under The Rules Of Evidence And The First Amendment, Lucious M. Moore

Mercer Law Review

“Freddy Mercury did not confess to having ‘just killed a man’ by putting ‘a gun against his head’ and ‘pulling the trigger.’ Bob Marley did not confess to having shot a sheriff. And Johnny Cash did not confess to shooting ‘a man in Reno, just to watch him die.’” However, a troubling trend in state and federal courts across the country is that rap lyrics are not being granted the same protections and latitudes that other forms of artistic expressions are afforded. In a movement that is shocking—yet formulaic—creators of rap music are seeing their lyrics used against them in …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …