Digital Commons Network^™

A Different Form Of Post-Op: Healing Survivors Of Domestic Violence Through Prosecutorial Anatomy, Elizabeth Ellick

Villanova Law Review (1956 - )

No abstract provided.

2025 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Texas Property Owner Rights And The Future Of Senate Bill 2038–Land Development Shift In Texas, Erica Martinez

St. Mary's Law Journal

No abstract provided.

“Oh, Are You Gay?”: An Exploration Of Lgbtq+ Students’ Lived Experiences With Microaggressions And Finding Safety On A University Campus, Christina Policastro, Courtney Crittenden, Jadon Clark, Rileigh Arrington

Qualitative Criminology (QC)

"Studies demonstrate that LGBTQ+ college students experience explicit and covert discrimination with research documenting various microaggressions reported by university students whose gender and/or sex identities are minoritized. Building off existing models of LGBTQ microaggressions, the current study adds to this literature by utilizing focus groups to explore campus safety perceptions among a sample of U.S. undergraduate students who identify as LGBTQ+. Findings highlight the diverse microaggressions experienced by students at the interpersonal and environmental level. Moreover, the results displayed the mechanisms students employed to avoid or disengage from situations where microaggressions may be encountered, as well as underscored ways in …

Death By Incarceration: Juvenile Life Without Parole Is Always Cruel And Unusual, Elizabeth Wehby

Vanderbilt Law Review En Banc

No abstract provided.

Good Newsletter September 2, 2025, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Leveraging The Federal Trust Responsibility To Safeguard Net Neutrality On Tribal Lands, Morgan O. Schaack

University of Chicago Law Review

The internet plays a crucial role in modern life, but equal access to it is not guaranteed. This inequality is only starker since the recent overruling of the Chevron doctrine that afforded agencies deference in their interpretation of statutes and the second Trump administration’s hostility toward net neutrality––a policy that prevents internet service providers from charging more money for access to faster internet while slowing other users’ access. For those living on tribal lands, rescission of net neutrality policies has unique implications due to the federal government’s trust responsibility to American Indians.

The trust responsibility is a long-standing and deeply …

Making Sense Of The State's Duty To Negotiate In Good Faith Under Igra: The "Permits Such Gaming" Requirement And Legitimate State Interests In Gaming Compact Negotiations, Kathryn R.L. Rand, Steven Andrew Light

UNLV Gaming Law Journal

Under the federal Indian Gaming Regulatory Act (IGRA), a tribe may conduct Class III or casino-style gaming only in a state that “permits such gaming” and in accordance with an approved compact between the tribe and the state. But the appropriate interpretation of IGRA’s “permits such gaming” requirement and how it relates to the state’s duty to negotiate gaming compacts in good faith remain murky more than 35 years after IGRA was enacted, hindering both compact negotiations between individual states and tribes and the entire tribal gaming industry. In this Article, we clarify and develop legal standards to apply to …

Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern

West Virginia Law Review

The opioid crisis is a significant public health emergency, intensified by the rise of synthetic opioids such as fentanyl. Lawmakers have described fentanyl as “terroristic in nature” due to its often-fatal properties. According to the Center for Disease Control (“CDC”), an estimated 107,543 people died from drug overdoses in the United States in 2023. As fentanyl use has surged, it has increasingly shaped public health policy through harm reduction initiatives, expanded addiction treatment resources, and legislative reforms aimed at curbing overdose deaths. Artificial Intelligence (“AI”) now plays a dual role in this evolving crisis. While AI technologies offer valuable tools …

Constitutional Rights As Protected Reasons, Stephanie Hall Barclay

University of Chicago Law Review

This Article proposes and defends a new theoretical model of constitutional rights. Virtually all the prevailing theories about constitutional rights envision, at some level, judges balancing the importance of various individual rights against the importance of other societal goods in tension with those rights. These theories also generally hold out the judiciary as the primary guardian of these rights, whereas the other political branches are often viewed as fulfilling a role of interfering with (or protecting) rights only as much as the judiciary will allow. This Article explains why the existing accounts of constitutional rights are either incoherent or incomplete. …

Narrative Drip And Other Metaphors For Data-Resistant Immigration Enforcement, Matthew Boaz

University of Arkansas at Little Rock Law Review

No abstract provided.

Victims In European Criminal Law. An Overview Of What Happens Across The Pond, Gian Marco Caletti

University of the Pacific Law Review

No abstract provided.

The House Always Learns: Integrating Ai Into Las Vegas Casino Surveillance And The Laws Behind The Lens, Taylor Dixon

UNLV Gaming Law Journal

No abstract provided.

Coding Anti-Discrimination Jurisprudence: A Hybrid Computational Model Of The Arlington Heights Test, Kevin S. Jobe

Philosophy Faculty Publications

The aim of this study is to understand the judicial reasoning process of anti-discrimination jurisprudence by utilizing a hybrid computational model. The advancement of hybrid computational legal studies that combine “law-as-code” and “law-as-data” approaches have led to promising techniques for tackling complex legal reasoning tasks as multifactor judicial reasoning standards. Following this hybrid model, this study conducts a statistical and multilayer perceptron (MLP) analysis of the judicial reasoning process of the multifactor Arlington Heights discriminatory purpose test based on an original hand-coded dataset of discrimination cases. The results of the study show that “sequence of events” predominates the other factors …

The Collision Course Between Outdated State Laws And Automated Vehicles, William Hubbard, Colin Starger

Articles

America stands at the precipice of a vehicular revolution. Myriads of self-driving vehicles—often referred to as “automated vehicles” or “AVs”—are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving utopias will require more than just technological progress. The uses of traditional vehicles are heavily regulated by hundreds of thousands of state laws that ensure public safety, health, and order. Will these traditional laws still make sense when AVs shift the paradigm? Despite the hype and optimism of many AV advocates, this …

The Duty Of Police To Intervene: An Argument For Limits, John E. B. Myers

Hofstra Law Review

Police have a duty to intervene to stop fellow officers from using excessive force. Most commentators favor expanding this duty. This Article pushes back and argues the duty to intervene should be cabined.

Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff

Dissertations, Theses, and Capstone Projects

This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …

The Role Of Implicit Bias In Police Citizen Interactions - A Historical Review And Policy Recommendations, Catherine Anne Liedman, Ziwei Qi

International Journal of Undergraduate Research and Creative Activities

Abstract

This paper examines the impact of implicit bias on police-citizen interactions, contributing to racial disparities in stops, arrests, and the use of force. While explicit racism has declined since the Civil Rights Era, unconscious stereotypes continue to influence law enforcement decisions. Research highlights that Black individuals experience higher rates of police encounters and fatal force compared to White individuals, a pattern not fully explained by crime rates but rather by systemic and historical biases within policing institutions. Efforts to address implicit bias, such as diversity training, have shown limited long-term effectiveness. Instead, meaningful reform requires structural changes, including improved …

Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …

Crisis Convergence, Sarah Medina Camiscoli

Northwestern University Law Review

Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …

Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi

Northwestern University Law Review

The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …

Ungerminated Seed: Proportionality Test In The Indonesian Constitutional Court, Eko Riyadi, Satya Arinanto, Simon Butt, Fitra Arsil

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines how the Constitutional Court of the Republic of Indonesia (the Court) constructs its argumentation regarding the limitation and derogation of human rights. The primary issue is how the Court interprets and operationalises the limitation clause under the Constitution of the Republic of Indonesia to derogate from and limit human rights. This article also illustrates how the Court applies the derogation and limitation clauses to freedom of religion, the right against retroactive prosecution and the death penalty, the right of women to stand for election, and the right to freedom of expression. The Court has never ruled on …

Praktik Ethical Hacking Untuk Menjamin Keamanan Sistem Sebagai Upaya Mewujudkan Keamanan Dan Kerahasiaan Data Pribadi: Studi Komparasi Pengaturan Indonesia Dan Kanada, Amaraduhita Laksmi Prabhaswari, Henny Marlyna, Ayu Galuh Anggraini

Technology and Economics Law Journal

In the digital era that is increasingly integrated with electronic systems and technology, issues related to the security and confidentiality of personal data have become a crucial issue, especially in the midst of the increasing number of cyber attacks. The urgency of this protection is increasingly urgent along with the complex use of technology by PSE, both public and private. The practice of ethical hacking by contract based or policy-based emerged as a proactive effort in identifying and addressing security gaps in a system. Although in Canada this practice has been recognized as part of national security policy (RVDP), Indonesia …

To Protect And Survive: Acknowledging Adverse Childhood Experiences In Law Enforcement, Melanie Appleman

Master of Arts in Human Services

This literature review explores the influence Adverse Childhood Experiences (ACEs) can have on choosing a helping profession as well as their effect on law enforcement personnel and their ability to cope with occupational trauma. Law enforcement officers are routinely exposed to high-stress, high-risk environments which can exacerbate underlying trauma stemming from early life experiences. Officers with a history of ACEs may be more vulnerable to emotional dysregulation, hyper-vigilance, burnout, and substance abuse which can influence their decision making, relationships, and professional conduct potentially resulting in negative outcomes. Key themes include the identification of risk factors, the development of screening tools, …

The Crucial Role Of Grassroots Social Organizations In Advancing Immigrant Legal Protections And Reshaping Immigration Policy, Isabella Reynolds

McNair Summer Research Program

This research project examines how grassroots social organizations contribute to the advancement of immigrant legal protections and shape immigration policy, with a particular focus on formerly incarcerated migrants in California. I focus on case studies and the personal experiences of organizers from Homies Unidos, Border Angels, and other organizations that operate near the San Diego–Tijuana border region. The study illustrates how these groups provide essential services, mental health support, and community-based initiatives for vulnerable and formerly incarcerated immigrants. By conducting oral histories and ethnography as methods for preserving emotional labor and shared memory, this research challenges prevailing narratives that criminalize …

Immigrant Surveillance In San Diego During A Fascist Era, Jennifer L. Torres Leon

McNair Summer Research Program

The following qualitative study examines a new increase of technological surveillance used on immigrants by San Diego’s local law enforcement. Drawing from in-depth interviews of the San Diego Privacy Advisory Board and Trust SD, insights of technological related violations are sanctioned by the San Diego Police Department. This is done through ambiguous language regarding “criminal investigations” and lack of definitive use policy, despite several memorandums and recommendations by the SD Privacy Advisory Board. Present findings reveal a duality of immigrant surveillance instigating hyper-visible tracking and broadcasting an image of their criminality. This study contributes to scholarship or crimmigration and urban …

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

The Reverse Onus At Bail For Intimate Partner Violence: An Unconstitutional And Ineffective Measure, Ella Peterson

Dalhousie Journal of Legal Studies

The recently adopted reverse onus at bail for repeat intimate partner violence is a piece of performative legislation that is ineffectual and may harm those it seeks to protect. Part I of this paper provides an overview of intimate partner violence in Canada in order to contextualize s. 515(6)(b.1) of the Criminal Code. Part II is a Charter assessment of the reverse onus provision at issue, focusing on sections 7 and 11(e). Part III concludes with a critique of the effectiveness of the reverse onus, which fails to address the root causes of intimate partner violence.

Canada's Foreign Fighter Problem: How Should The Federal Government Manage Suspected Isis Members Held In Syria?, Mira Stephenson

Dalhousie Journal of Legal Studies

Since the Islamic State of Iraq and Syria (ISIS) fell in 2019, the Autonomous Administration of North and East Syria (AANES) has arbitrarily detained tens of thousands of accused ISIS fighters and their families in Northern Syria. Among those detained are Canadian citizens. Although Canada has repatriated Canadian women and children from AANES custody, its policy approach to date has been inadequate.

Canada must take action to develop a cohesive policy for the approximately 17 Canadians remaining in AANES custody. In this paper, I will evaluate four potential policy options available to the Canadian government. First, that Canada could take …

Triggering Change In Child Protection Law: A Case Study Of Firearms And Domestic Violence In Nova Scotia, Manitoba, And Ontario, Ashley Thornton

Dalhousie Journal of Legal Studies

The intertwining complexities of child protection, domestic violence, and firearms pose profound challenges for families and the legal system. This paper examines their interplay, focusing on how these issues can subject children to harm, with a specific focus on case law and relevant legislation from Nova Scotia, Manitoba, and Ontario. These three provinces have been selected due to: i) the locality and inherent relevance of Nova Scotia’s jurisdiction given the location of the Schulich School of Law, ii) the high number of reported court decisions in Ontario, and the unique protections created through amending the Child, Youth, and Family Services …