Digital Commons Network^™

Outer Space Employment Tax And Grounded Enforceability: A Node-Based Approach Under International Space Law, Binbin Guo

Journal of Air Law and Commerce

As commercial space activities move from state-led exploration to market operations, outer space is changing from a mission space into a workspace. As a result, the traditional connecting point for employment taxes, centered on the workplace, begins to lose force. This Article develops the concept of outer space employment taxation and argues that its key issue is not taxation in orbit, but enforceability. International space law does not directly provide the tax base, tax rates, or specific withholding rules. But through state responsibility, authorization and continuing supervision, and registration coupled with jurisdiction and control, it already provides institutional interfaces through …

Rights In Theory, Detention In Practice: The Constitutional Paradox Of Guantánamo Bay, Fatimah A. Elghazawi

Case Western Reserve Law Review

No abstract provided.

How To Stop Mass Shootings Without Violating The Second Amendment: Designing Regulations To Prevent Acts Of Mass Violence That Pass The 6:3 History And Tradition Test, Robert D'Alessandro

Cardozo Journal of Equal Rights & Social Justice

The article proposes that states can constitutionally implement ammunition possession limits to reduce mass violence by aligning such laws with the "history and tradition" test established by the current Supreme Court. It argues that modern caps on ammunition are analogous to early American gunpowder restrictions, which were enacted for public safety to prevent catastrophic explosions in populated areas.

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Plutocratic Public Safety, Erin R. Collins

Law Faculty Publications

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Nonviolent Felony Offenders And The Second Amendment: Reexamining Categorical Disarmament Laws In Light Of Bruen And Rahimi, Nikolay Belardi

American University Journal of Gender, Social Policy & the Law

INTRODUCTION: The Second Amendment ensures that “the right of the people to keep and bear Arms, shall not be infringed.” In a country with more civilian-owned firearms than people—and more gun dealers than McDonald’s, Burger King, Subway, and Wendy’s locations combined—it is no surprise that Americans pride themselves on their right to bear arms. However, a majority of the American population favors stricter gun laws and regulations, a position that seems sensible given that mass shootings are an all-too-familiar occurrence in the United States. The enshrinement of the right to bear arms in the Constitution limits the laws and regulations …

Exploring The Principles And Values Of Co-Operative Economics And Sustainability To Inform Positive Solutions With Communities Impacted By Incarceration, Mary A. Sutton

Antioch University Dissertations & Theses

The United States incarcerates more people than any other country. Each month, tens of thousands of people across the country are released from prison or jail. Most return to communities that are economically, socially, and environmentally disenfranchised. The cycling of targeted populations in and out of the carceral system has imposed devastating consequences and inequities on poor Black and Brown communities, consequences that will reverberate for generations. The literature indicates a need for a critical sustainability assessment tool to examine incarceration policies and measure their real impacts on individuals, families, and communities. There is a need for sustainable solutions to …

American Loopholes: What Are They, And How Do We Close Them?, Tanner L. Martin

Wyoming Law Review

This Comment examines the existence and impact of alleged loopholes within American gun control laws and explores how these gaps may affect Constitutional rights, legal enforcement, and public safety. In addition to identifying trends in American gun ownership, including patterns of purchasing, possession, and regulatory compliance, this Comment analyzes the current legal standards that determine who is disqualified from owning or possessing a firearm under federal law. These categories include individuals with certain criminal convictions, domestic violence restrictions, or mental health adjudications, and how those legal standards are applied in practice.

Beyond the legal framework, this Comment also considers the …

Annual Report, Fiscal Year 2026, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.

Pretrial Justice In Indian Country And Bordertowns-Including Rural Tribal Communities In The Bail Reform Conversation, Jordan Gross

South Dakota Law Review

Pretrial detention rates in the United States are down, except in rural counties. Indigenous people are both over-represented and under-protected in settler-colonial criminal justice systems. Yet the criminal justice needs and experiences of rural and Indigenous people are largely overlooked in criminal justice reform research and discourse. I examined the role of rurality in bail administration in Pretrial Justice in Out-of-the-Way Places – Including Rural Communities in the Bail Reform Conversation. There I explained how bail reform measures centered on urban and suburban needs and demographics fail to address pretrial justice challenges and opportunities unique to rural communities. This Article …

Artificial Intelligence, Tribal Sovereignty, And The Criminal Justice System, Kevin Angelo Brown

South Dakota Law Review

As artificial intelligence (“AI”) has become increasingly integrated into everyday life in Indian Country and into governmental functions, including policing, courts, and corrections, it is creating new circumstances that can undermine tribal sovereignty. The 575 federally recognized Tribal Nations are under significant pressure to maintain their sovereignty while adapting to new AI-based technologies. With the implementation of AI, tribes should retain control over how it is used to benefit their communities, without compromising their legal rights or well-being, particularly in light of past harms caused by inadequate legal protections that allowed technological developments to damage tribal health, environments, economies, and …

The Ambitions Of History And Tradition In And Beyond The Second Amendment, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts Court rejected means-end review in favor of a historical-analogical approach, claiming to constrain the exercise of judicial discretion and thus to promote the democratic decisions of the founders. But our examination of these cases shows that the Court has created new opportunities for judges to advance their values in considerably less transparent ways. We identify contexts in which Second Amendment doctrine enables judicial discretion, key among them that it allows judges to reason about gun rights and regulation at disparate …

Silenced By Fear: Undocumented Immigrant Victims Of Sexual Assault, Adriana Isabel Herrera

FIU Law Review

Imagine being sexually assaulted and then having to choose between justice or deportation. In today’s climate of heightened immigration enforcement, many undocumented immigrant victims of sexual assault understandably remain silent. After all, who would risk everything just to report a crime that might get them deported? The fear of being separated from their families, ripped from the lives they have built, and sent back to dangerous conditions in their home countries prevents these victims from coming forward and seeking justice. Additionally, the current protections available to them are flawed and insufficient—primarily due to the U visa cap and prolonged processing …

Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi

FIU Law Review

Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …

Buying Blind: Corruption Risk And The Erosion Of Oversight In Federal Ai Procurement, Jessica Tillipman

GW Law Faculty Publications & Other Works

The United States is accelerating toward a corruption crisis of its own making. In its race to rapidly acquire artificial intelligence (AI), current policy risks undermining longstanding procurement integrity safeguards. This article examines how AI increases traditional corruption risks and introduces new vulnerabilities that current oversight mechanisms are ill-equipped to address.

Recent federal AI policies have accelerated adoption while simultaneously narrowing regulatory oversight, effectively leaving “regulation by contract” as the primary—and profoundly inadequate—mechanism for embedding safeguards. The consequence of these policies is that the government is “buying blind,” acquiring AI technologies without adequate transparency, audit rights, or testing requirements. These …

Two Heads Are Better Than One: Integrating International Law And Global Public Health Approaches To Firearm Violence To Promote Public Safety And Human Rights, Arturo J. Carrillo, Jonathan E. Lowy

GW Law Faculty Publications & Other Works

In his Advisory of June 25th, 2024, the U.S. Surgeon General, Vivek H. Murthy, declared firearm violence a public health crisis and presented a damning picture of the widespread deaths, injuries and trauma caused by gun violence in the United States. A critical feature of the firearm violence crisis in the United States that the Surgeon General did not expressly address in his report–or even mention–is the role of the manufacturers, distributors, and dealers of firearms, collectively referred to as “the gun industry.” It is an open secret that the U.S.-based firearm industry engages in manufacturing, marketing, distribution and sale …

Regulating Crisis Pregnancy Centers After Nifla And Dobbs: Controversies Over When Government Is Imposing An Orthodoxy About Abortion, Linda C. Mcclain

Faculty Scholarship

How does this broader sense of Barnette’s proscription of government from imposing “what shall be orthodox” implicate governmental restrictions on reproductive autonomy? Battles over reproductive freedom centrally implicate objections that government is unconstitutionally imposing a gender orthodoxy. Arguments for a right of personal autonomy embodying an antitotalitarian principle of liberty are arguments for a right to resist governmental imposition of an orthodoxy— for example, an idea about the natural or traditional role of women as mothers together with a view about how best to respect the sanctity of life. Rights to reproductive autonomy, grounded in personal autonomy and equality, …

Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful

All Faculty Publications

Race and Racism in Canada's Immigration Detention System is the first comprehensive, independent study to examine race and racism in Canada's immigration detention system. Grounded in rigorous legal analysis and qualitative research, the study draws on interviews with 50 participants, including people with lived experience of immigration detention, as well as lawyers, paralegals, and service providers who work in immigration detention. The research was guided by an advisory board of people with lived-experience in immigration detention and co-led by a collaborative research team.

Justifying The Fourth Amendment, Daniel Epps

Vanderbilt Law Review

Why does the Fourth Amendment belong in the Constitution? This question is not whether society should impose some legal restraints on government searches and seizures. Rather, why should such protections reside in our national charter, superior to other forms of law and insulated from change via ordinary majoritarian political processes? Despite major disputes about the Fourth Amendment's content, Fourth Amendment theorists rarely ask this question. Almost all agree that the Fourth Amendment's constitutional protections are critically important-even if no one can agree exactly what those protections are.
This Article seeks a justification for the Fourth Amendment-the reason why search-and-seizure protections …

Exploit Machina, Andrea Matwyshyn

Faculty Scholarship

Over half a century ago, Hannah Arendt cautioned us to “think what we are doing” when we build new technologies. Engaging with her counsel and a set of historical case studies, this Article frames what it calls exploit machina problems. Exploit machina refers to situations where broken technologies and broken governance combine to irreparably harm the public. In other words, exploit machina involves organizational choices to knowingly leverage technology as part of legally problematic conduct, including various forms of fraud. In the language of data science, exploit machina situations implicate strategic decisions in building and managing artificial intelligence (AI); they …

Pet Shops And Preemption, Genevieve Schaaf

Georgia Law Review

In December 2019, the Georgia Office of the Attorney General released an Opinion stating that the City of Canton Code of Ordinances, Chapter 18, Article XIV restricting the sale of pets by retail pet shops was in direct conflict with the Georgia Animal Protection Act and therefore preempted under the Georgia Constitution’s Uniformity Clause.

This Note seeks reconsideration of the Attorney General’s Opinion and argues that despite the Attorney General’s Opinion, local ordinances restricting the kinds of animals available at pet shops should remain a legally viable way for local governments to reduce the retail sale of cats and dogs.

Tribes As Nations: The Future Of The Trust Relationship, Adam Crepelle

Tulsa Law Review

No abstract provided.

Innocent Until Proven Guilty, Disenfranchised All The Same: Hidden Voter Suppression Within American Jails, Kennedy Hill

Arkansas Law Review

Jails throughout the United States hold thousands of legally eligible voters who have not been convicted of a crime While those convicted of felonies are often statutorily disenfranchised, pretrial detainees retain their civil rights—including the right to vote. In theory, this should guarantee them a voice. In practice, pretrial detention operates like a legal disqualification. Without meaningful enforcement mechanisms, the right to vote becomes hollow.

This Comment argues that implementing a national standard based on the proactive policies of Massachusetts and Nevada will ensure accessible voting for pretrial detainees. To build that argument, this Comment first explores the low level …

The Legal Governance Of Arbitrary Construction In Azerbaijan: Current Issues And Paths To Reform, Natig Khalilov

Journal of Civil Law Studies

Azerbaijan has long faced challenges arising from the spread of arbitrary constructions and unauthorized settlements, with official data showing approximately half a million such structures across the country. These unregulated constructions contribute to social complications and hinder the efficient operation and development of the housing, real estate, and urban planning sectors. Currently, courts are handling numerous cases involving ownership disputes and potential demolitions linked to these constructions. Registering arbitrary constructions is seen as a step towards affirming citizens’ property rights while boosting state revenue.

This article will trace the historical development of the arbitrary construction framework in Azerbaijan, analyze its …

Ndls Communicator: Week Of 12.22.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Supreme Court Justice Amy Coney Barrett returns to Notre Dame Law for a wide-ranging fireside conversation with students
• Notre Dame Law Professor Diane Desierto Awarded Research Grants to Advance Global Human Rights Work
• International Expertise at ND Law: Visiting Professors Strengthen Scholarship and Community
• Notre Dame Law School’s Religious Liberty Clinic Secures Return of Stephen Jarrard to County Jail’s Ministry Program After Years of Religious Discrimination
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging court to protect Jewish communities from discriminatory land-use barriers
• Notre Dame Law School’s Religious Liberty Clinic files amicus brief urging …

Municipalities, Let The People Have Their Chickens And Eat Them, Too, Cindy Vong

Journal of Food Law & Policy

In the pre-industrial era, before the advent of long-distance transportation or food preservation, human survival necessitated proximity to where food was grown or husbanded. Cities located near agriculturally productive lands and domesticated livestock animals were commonplace within cities. But by the 1920s, the technological innovations of the Second Industrial Revolution left urban areas free of farm animals and farm-related activities. Local governments exercised their powers to codify the separation of residential and agricultural uses within cities and reinforce the idea that food production was not proper in community neighborhoods. Yet, a century later, local governments use those same powers to …

Making A Martyr: The Inequity Of The Necessity Doctrine’S Application To The Fifth Amendment’S Takings Clause, Max Abrams

Villanova Law Review (1956 - )

No abstract provided.

Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel, John D. Flowers, Madi Mcmichael Moseley

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.

Construction Law, Peter Crofton, David Cook, Derek Andre

Mercer Law Review

Over the past year, the state and federal courts in Georgia issued orders and opinions on a variety of topics affecting the construction industry. This Article discusses some of the most important of these cases.