Digital Commons Network^™

Freedom Of Expression In Next-Generation Computing, Brittan Heller

UC Law Journal

Extended reality (XR)—the integration of virtual, augmented, and mixed reality technologies—creates immersive, embodied, and behaviorally integrated forms of communication that challenge traditional understandings of freedom of expression. While XR offers new opportunities for creativity, civic engagement, and cross-cultural participation, its immersive nature introduces risks of censorship, surveillance, biometric profiling, algorithmic manipulation, and inequitable access.

This Article situates XR within the framework of European human rights law. It begins by identifying the technical and psychological features that distinguish XR from conventional platforms, particularly presence, immersion, and embodiment, which transform speech into multisensory and interactive experiences. It then evaluates how existing legal …

No Exceptions: The New Movement To Abolish Slavery And Involuntary Servitude, Adam A. Davidson

University of Chicago Law Review

In the twenty-first century, slavery is still alive in the United States, but thankfully, it is increasingly unwell. States across the country, in places both expected and unexpected, have begun to pass amendments to their state constitutions that seek to finish the job started over 150 years ago by the Thirteenth Amendment. Whereas that amendment included an exception, providing for slavery and involuntary servitude as punishment for a crime, these new state amendments contain total prohibitions. But these prohibitions have thus far proven unable to end the blight of prison slavery merely through their text. This Article asks why and …

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …

A Dangerous Challenge To The Constitutionality Of The Felon-In-Possession Statute: United States V. Bullock, Matthew Matherne

MC Law Review

In United States v. Bullock, Judge Carlton Reeves held that the federal felon-in-possession statute was unconstitutional as applied to Mr. Bullock. Although Mr. Bullock had been previously convicted of multiple violent felonies involving a firearm, including one that resulted in the death of an individual, Judge Reeves dismissed the charges because the government failed to establish a historical tradition of prohibiting felons from possessing firearms. Judge Reeves’ determination that § 922(g)(1) is unconstitutional as applied to Mr. Bullock is a decision that is not only “dangerous” to society, but it contradicts the historical tradition of firearm regulation in America. …

Oh, Oh, No Ozempic: The Dangers Of Ozempic’S Direct-To-Consumer Advertisements, Taylor Blicht

Journal of Law and Policy

On average, viewers are exposed to about nine drug advertisements a day. Direct-to-consumer pharmaceutical advertising (“DTCPA”) is when pharmaceutical companies market their prescription drugs straight to consumers. Ozempic is a weekly injection of semaglutide, developed by the pharmaceutical company Novo Nordisk in 2017 for adults with Type-2 diabetes. After people started to show signs of weight loss on Ozempic, Novo Nordisk created Wegovy in June 2021, targeting towards people with obesity. Due to the exploding weight-loss effect of Wegovy, celebrities and social media influencers started taking the medication and sharing their weight loss journeys. DTCPA can be harmful to consumers …

Disability Rights On Probation And Parole, Alexis Karteron

Michigan Law Review

This Article addresses disability discrimination in community supervision programs, a large—but frequently overlooked—component of the criminal legal system and important contributor to America’s mass incarceration crisis. The long-standing concerns of legal scholars and advocates about disability discrimination in prisons and policing, particularly against people with mental health disabilities, apply with equal measure to probation and parole. This Article examines the experiences of people with intellectual/developmental, cognitive, and mental health disabilities to understand how disability discrimination manifests in probation and parole programs and identifies numerous policies and practices that likely run afoul of two major federal disability rights laws: the Americans …

Does Investing In Schools Reduce Violent Crime?, Jamein Cunningham, Monique E. Davis, Kenneth Whaley

Presentations

No abstract provided.

Advocacy At The Front Door, Tenisha S. Hill

Capstone Projects and Master's Theses

This capstone project examines how integrating social work practices into the jail intake process can strengthen support for clients represented by the Public Defender’s Office. The project focuses on understanding the challenges clients face at the earliest point of contact often marked by trauma, instability, and limited access to services and how a social-work-informed approach can improve outcomes. Through direct observation, interviews with staff, and review of intake procedures, the project identifies key gaps in assessment, communication, and referrals. Findings highlight the need for more holistic intake practices that address clients’ social, mental health, and resource needs alongside their legal …

Wide Nets, Heavy Burdens: Unpacking Executive Order 14105’S Final Rule, Breanna Li

UC Law Journal

Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” was enacted to protect U.S. national security interests in light of China’s military technological growth. This Executive Order creates an outbound investment review program that restricts investments by a U.S. person into companies in specified countries operating in certain technology sectors. This Note will discuss the background of geopolitical tensions between the United States and China, review E.O. 14105, and argue that the program it creates results in burdensome unintended consequences to the U.S. economy. These unintended circumstances include: (1) high regulatory …

The Use Of Less-Lethal Force By Law Enforcement: A Legal Analysis Of Civil Liability Cases In The Use Of Bean Bags And Rubber Bullets In Policing, Kenneth Lomenzo, Joshua Rosenbaum, Nathan Cronin, Mason Meyers, Akramul Hasan

Journal of Criminal Justice and Law

The use of less-lethal weapons such as bean bag rounds and rubber bullets has become a prominent and controversial mark of contemporary policing. Although these munitions are designed to incapacitate without resorting to deadly force, their deployment has resulted in serious injuries, fatalities, and a growing body of litigation. This article examines how federal appellate courts have addressed such cases through a systematic legal content analysis of 16 decisions issued between 1999 and 2025. Each case involved a claim under 42 U.S.C. § 1983 alleging excessive force in violation of the Fourth Amendment. The analysis considers judicial reasoning, liability outcomes, …

Changing Perspectives In California: A Transformative Culture Exchange For Stockholm University And Sonoma State University Criminology Students, Bryan Burton, Sofie Hellmer, Vida Wåhlmark, Hope Ortiz, Diana Grant

csuglobalaction

From June 13 to 20, 2024, Sonoma State University (SSU) hosted 16 criminology students from Stockholm University (SU) for an educational and cultural exchange. Five SSU undergraduate “student ambassadors” participated, representing California and SSU while assisting the Swedish students. Surveys indicated the exchange was a meaningful academic and cultural experience for all participants. The Swedish students deepened their understanding of the U.S. criminal justice system through presentations by criminologists and discussions with practitioners on issues such as policing and prison reform. They also gained broader perspectives on California and the United States through interactions with SSU ambassadors and visits to …

Empathy On Trial: The Role Of Neuroscience And Communication In Sexual Violence Jurisprudence, Samantha M. Gonzales

Honors Program Theses and Research Projects

Sexual violence remains a contentious public safety and legal challenge, which has become further complicated by the tension between supporting victim-survivors and safeguarding the falsely accused. False accusations, though still well below the numbers of rightly accused, are experiencing a rise in popularity given recent (past ten years) political climates. This thesis examines how communication theory, neuroscience, and law intersect in molding perceptions of truth, culpability, and justice in sexual violence cases; while also examining the intersectionality of those fields in addressing the candor of allegations, the rate of recidivism, and quality of public health and safety. The most prominent …

The Fearless Decision And The Future Of Race-Conscious Charities, Chenglin Liu

Cleveland State Law Review

Historically, courts tended to differentiate between invidious discrimination against racial minorities and benign discrimination against whites in the context of affirmative action movements. With the social movements galvanized by the conservatives and the change of composition of the Supreme Courts and lower courts, the feasibility of race-conscious measures aimed at helping minorities is substantially reduced. The conservatives’ win in Fearless, coupled with the Trump Administration’s attacks on DEI, have produced a self-censoring effect on charitable organizations. Because of these threats, race-conscious charities will have to modify their practices to become more “inclusive” or face legal challenges from conservatives.

The Nuclear Option: Preempting Power Generation, Keith Wadley

Et Cetera

Nuclear power is a topic which many feel strongly about. Unfortunately, much of the information present in public discourse is a product of fear, misinformation, and a general lack of understanding regarding what nuclear power is and does. This note seeks to clear up the murky waters of the topic by presenting some basic factual information contrary to common misconceptions while also seeking to argue, in light of this information, that Congress should, and currently has the power to, prevent states from prohibiting the use of nuclear power. Congress passed the Energy Reorganization Act of 1974 which preempts the field …

"Blocking Out The Haters:" Government Officials Create Split Among Federal Judiciary, Andrew Weisgerber

Kentucky Law Journal

No abstract provided.

Protecting Public Employees' Free Speech: It's Time For The Sixth Circuit To Take Action, Faith O. Turner

Kentucky Law Journal

No abstract provided.

For One Or For All: Who Gets The Benefits Of The First Step Act?, Andrew Edwards

Kentucky Law Journal

No abstract provided.

Disproportionate School Brutality Upon Black Children, Nicole Tuchinda

Kentucky Law Journal

No abstract provided.

Trump V. Slaughter: Brief Of Independent Agency Board Members And Scholars As Amici Curiae In Support Of Respondent, Samuel Bagenstos

Appellate Briefs

Amici are removed board members from independent federal agencies and scholars whose work includes the study of independent agencies and the separation of powers between the President and Congress. Amici advance the view that there are federal agencies whose responsibility for protecting the safety and stability of the national infrastructure or ensuring the structural integrity of government necessitates their independence. Significant negative consequences would likely follow if these agencies were to lose their independence and their work were to become politicized.

Inequality By Unnatural Selection: The Impact Of Tax Code Bias On The Racial Wealth Gap, Phyllis C. Tate

Kentucky Law Journal

No abstract provided.

Subverting The System: Reducing Sex Offender Recidivism And Aiding Reentry Through The Use Of Specialty Courts, Jaymes Fairfax-Columbo, Emma Hamilton, Chelsea Jackson, Lia Knox-Hershey, David Dematteo

Texas A&M Law Review

Sex offender policy in the United States is predicated on accomplishing risk reduction and increasing public safety via punishment and incapacitation. Theoretically, accomplishing these goals should lessen the risk that sex offenders pose to society. However, an accumulated research base suggests that sex offender policies are ineffective in that they do not reduce recidivism rates, do not diminish children’s risk of sexual predation, and produce numerous detrimental collateral consequences. Further, current sex offender policies may actively undermine risk reduction by placing factors known to reduce risk level, such as stable housing, employment, and social support, out of the reach of …

It Takes A Village . . . But Let The Teenagers Vote, Joseph Fishkin

Notre Dame Law Review

In their article Give Parents the Vote, Kleinfeld and Sachs argue that we ought to give parents extra votes to cast by proxy on behalf of their minor children. In this response, I argue that their proposal misconceives the nature of voting itself. Unlike a child’s personal medical or financial decisions, which we entrust to those most responsible for a child’s care, voting is a collective act by which a political community makes collective choices. Each of us is obligated to cast our vote in the way we think best for the whole community. And each voter—whether a parent …

Give Parents The Vote, Joshua Kleinfeld, Stephen E. Sachs

Notre Dame Law Review

Many of America’s most significant policy problems, from failing schools to the aftershocks of COVID shutdowns to national debt to climate change, share a common factor: the weak political power of children. Children are twenty-three percent of all citizens; they have distinct interests; and they already count for electoral districting. But because they lack the maturity to vote for themselves, their interests don’t count proportionally at the polls. The result is policy that observably disserves children’s interests and violates a deep principle of democratic fairness: that citizens, through voting, can make political power respond to their interests.

Yet there’s a …

Give Young Adults The Vote, Nicholas O. Stephanopoulos

Notre Dame Law Review

Joshua Kleinfeld and Stephen Sachs make a significant contribution to the literature on children’s disenfranchisement by describing and defending parental proxy voting: empowering parents to vote on their children’s behalf. The authors’ democratic critique of the status quo is particularly persuasive. Children’s exclusion from the franchise indeed distorts public policies by omitting children’s preferences from the set that policymakers consider. However, Kleinfeld and Sachs’s proposal wouldn’t do enough to correct this distortion. This is because contemporary parents diverge politically from their children, holding, on average, substantially more conservative views. The proxy votes that parents cast for their children would thus …

Necessity In Free Exercise, Brady Earley

University of Chicago Law Review

The Free Exercise Clause is a broadly worded constitutional prohibition against government intrusion on religious exercise. To construct limits, courts have consistently required government officials to demonstrate the necessity of state action burdening religion. Yet government officials regularly fail to produce evidence of necessity, leaving judges to intuit or assume whether necessity exists. This Comment offers a better way. Using a method known as difference-in-differences (DiD), lawmakers can draw upon the experience of existing state laws to enact laws justified with evidence. This Comment demonstrates the value of DiD with a current free exercise controversy involving the Old Order Amish …

Rico V. United States, Meagan R. Hurley

Articles

Isabel Rico was serving a term of supervised release when she absconded from federal supervision. Years later, the government sought to revoke her release, arguing that her fugitive status “tolled” her supervised-release term. The Ninth Circuit agreed. Other circuits, however, have rejected the fugitive-tolling doctrine in the supervised-release context. The Supreme Court will now decide whether federal courts may judicially adopt fugitive tolling, or whether Congress’s silence in the supervised-release statute forecloses it.

Regulating The Unseen In A Borderless World: Digital Currency And Its Socioeconomic Impact On Industry, Paolina H. Engibegian

University of the Pacific Law Review

No abstract provided.

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.

Candid Traffic Cameras: Why Illinois’S Automated License Plate Reader System Should Be Restricted, Michael Lathwell

Northern Illinois University Law Review

This article examines the constitutionality of automated license plate reader (ALPR) cameras. ALPR cameras are permanently affixed on the highway and record the license plate number of every passing vehicle. The system is used by police to locate stolen vehicles, track fleeing suspects, and for other crime prevention purposes. In 2019, the Tamara Clayton Expressway Camera Act was passed by the Illinois General Assembly, which allowed for the installation of these cameras in Illinois. But the constitutionality of these cameras has been challenged as a Fourth Amendment violation, because although the camera network has many valid purposes, it also poses …

Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan

Northern Illinois University Law Review

The transportation of contraband such as controlled substances, illegal firearms, stolen items, and proceeds from criminal activities can take many forms and are subject to the ever-evolving creative efforts by traffickers and criminal organizations to avoid detection by law enforcement. However, one of the simplest and most straightforward mechanisms of transport is in hidden or “trap” compartments in motor vehicles. However, given the legitimate use of discreet compartments (sometimes referred to as “automotive safes” or “traps”) in motor vehicles to secure personal items, important paperwork, and even licensed firearms, a question arises as to whether hidden and false compartments in …