Digital Commons Network^™

In The Race Between The Federal Government And The States To Regulate Ai, Big Tech Is The Winner, Matthew Berger

Maryland Law Review

No abstract provided.

Foreword, Grace Perez

UC Law Journal of Race and Economic Justice

No abstract provided.

A.A. V. J.M.: The Virginia Court Of Appeals Excludes A Whole Class Of Prospective Adoptive Parents, Paul A. Dryer

Liberty University Law Review

A set of “bad facts” ultimately led to undesirable legal precedent and unintended consequences with respect to the “power to render” adoptions in Virginia. In 2019, Baby Doe was left orphaned in Afghanistan after her parents were killed as a result of military operations in the country. After Baby Doe was taken to the U.S. Bagram Air Force Base for treatment, Joshua Mast (J.M.)—a member of the Marine Corps Judge Advocate—attempted to obtain custody of Baby Doe out of fear for the adequacy of medical care if she were to remain in Afghanistan. J.M. and his wife petitioned the Fluvanna …

And Scene: Cross-Border Torts And The “Last Act” Under Virginia’S Lex Loci Delicti Rule, Wesley A. Vorberger

Liberty University Law Review

How does a court go about determining which jurisdiction’s substantive law applies to the parties in a particular dispute? Usually, the resolution of this question is straightforward: if the parties are from one jurisdiction and the event giving rise to the lawsuit occurred entirely within that jurisdiction, then that jurisdiction’s substantive law applies. However, when the parties are domiciled in one state, but the entirety of the liability-producing event occurred in another state (i.e., a multi-state tort), courts will apply one of several approaches to determine which substantive law applies. Some courts apply a flexible approach that evaluates the factual …

Perceptions Of Legitimacy In Three Forms Of Probation Supervision For People With Serious Mental Illness, Sophia Sarantakos, Emily Claypool

Qualitative Criminology (QC)

"In the context of criminal-legal community supervision, standard and specialized probation officers are often tasked with coordinating services for adults diagnosed with serious mental illness (SMI) on their caseloads. The coordination of services varies across different programs including traditional probation, specialty probation, and mental health court. Given the proliferation of programs focused on mental health in the criminal-legal system, the perspectives of front-line workers or street-level bureaucrats in criminal-legal agencies are a rich source of information about what is happening on the ground and could provide insights into the potential translational barriers of policy to practice. A deeper examination of …

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …

A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon

Qualitative Criminology (QC)

"Previous indicators of scholarly influence have been primarily quantitative, measuring a scholar’s influence through citation counts. This body of literature has overlooked the reflections of distinguished scholars, such as the recipients of the Sutherland Award, in the discipline as a form of scholarly influence. The current paper examines the Sutherland Address from 2001 to 2022. The key findings indicate that the majority of Sutherland Addresses reproduced existing sociological canons, while a minority of Sutherland Award winners explicitly rejected Sutherland’s sociological assumptions and their influence on criminology. Such findings suggest that Sutherland exerts a hidden influence on the recipients of the …

A Qualitative Analysis Of Gender Inequality In Southeast Missouri Law Enforcement Agencies, Madeline Marie Whistler, Christopher Bradley, H. Hamner Hill

Qualitative Criminology (QC)

"Does gender inequality impact the careers of female law enforcement officers in the Southeast Missouri region? Using a qualitative single instrumental case study, seven cis-gendered female law enforcement officers who were employed at local law enforcement agencies within the Southeast Missouri region were interviewed to investigate the central research question. Four themes emerged from the data that illustrated their experiences: sexual exploitation and harassment, a lack of work-life balance, the presence of gender stereotypes, and patriarchal hierarchy and male dominance in the workplace. The findings suggest that the experiences of female law enforcement officers are heavily impacted by the behavior …

A Plea For Open Access To Qualitative Criminology: With A Python Script For Anonymizing Data And Illustrative Analysis Of Error Rates, Scott Jaques, Andrew Wheeler

Qualitative Criminology (QC)

"Qualitative researchers are expected, sometimes required, to publish their data open access (OA). This is for the sake of science, impact, and social justice. Yet, understandably, qualitative criminologists are worried about what this means for their workload and their ability to protect subjects’ confidentiality. To be solutions-oriented, we developed an open-source Python script for anonymizing qualitative data. It uses named-entity recognition and fuzzy-rule based merging to identify and replace personally identifiable information (PII) with unique pseudonyms. This tool doesn’t eliminate the need for manual work, but it reduces the cost and associated risk. In this article, we describe and explain …

How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher

Theses and Dissertations

The inclusion of students with disabilities in higher education is a critical aspect of equity, social justice, and human rights, particularly in Egypt, where systemic barriers continue to hinder access to education for this demographic. Despite the enrollment of approximately 19.4 million students in 2018, only 38,135 students with disabilities were admitted, highlighting the significant challenges they face in accessing higher education.   Through a qualitative approach employing reflexive thematic analysis, this study explores the interplay of institutional policies, cultural attitudes, and accessibility challenges that affect the educational experiences of students with disabilities in Egyptian public universities. The analysis of 21 …

Humanitarianism Through Alan Kurdi Photograph: A Discourse Of Governing Suffering, Nada Mahmoud

Theses and Dissertations

Humanitarianism has become one of the powerful languages of modern times, in which compassion, ethics, and moral obligations are mediated to alleviate suffering. This thesis investigates humanitarianism not exclusively on the basis of its moral sentiments but on its functioning as a system of power that governs people’s conduct. It examines how different technologies of power feed into the operationalization of humanitarianism to transform it into a system for governing suffering. By decoding the elements of its power, the thesis aims to understand humanitarian reason through the humanitarian loop, from generating knowledge, categorization and representation, to the legal and normative …

Ndls Communicator: Week Of 06.15.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Announces Top Academic Awards for the Class of 2026
• Global Visiting Professors Enrich Scholarship and Community at Notre Dame Law School

Student News

• Joseph Reilly receives Lardy Scholarship Award for 2026-27
• Notre Dame J.S.D. Candidates Present at the 2026 J.S.D. Roundtable hosted by the American University Washington College of Law

Faculty Briefs

• Bruce Huber
• Fr. Pat Reidy
• Pattrick Corrigan
• Haley Proctor
• Paul Miller
• Jimmy Gurulé
• Paolo Carozza
• Carter Snead
• Nicole Stelle Garnett
• A.J. Bellia
• Roger Alford
• Derek Muller
• Msgr. John Paul Kimes
• Diane Desierto
• Rick Garnett
• Yan Yu
• Vincent Philip Muñoz

ND Law …

Felony Murder: What Courts Ignore In Ohio Rev. Code § 2903.02(B), Richard S. Walinski

Et Cetera

Ohio has two levels of felony murder. One is aggravated felony murder, 2903.01(b). It is an approximate equivalent of the common-law felony-murder rule. The other is a felony-murder rule for the lesser offence of simple murder, 2903.02(B). In felony-murder cases prosecuted under Ohio Revised Code § 2903.02(B), the nearly universal practice among the lower courts in Ohio is to ignore certain explicit text in the statute.

To warrant a conviction, 2903.02(B) requires that death have occurred as a proximate result of the defendant’s having committed or having attempted to commit one of many predicate offenses that the General Assembly labeled …

Correcting A Carry-On Conundrum: A Proposal To Expand The Dot’S Ability To Regulate Unfair And Deceptive Practices In The Airline Industry, Antonio Linek

Et Cetera

This Note examines the Department of Transportation’s attempt to regulate airline ancillary fees through 89 F.R. 34620. The Rule required airlines to disclose certain ancillary fees in an obvious manner, early on in the booking process. Airlines for America challenged the Rule in the Fifth Circuit in Airlines for Am. v. Dep’t of Transp. The court held that 49 U.S.C. § 41712 allows the DOT to prohibit unfair and deceptive practices, but not to impose prescriptive rules. This holding conflicts with older Seventh Circuit authority approving similar agency action, creating a circuit split. This Note argues that the Fifth …

A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead

Et Cetera

The American legal system faces a growing crisis as the gap between vested rights and judicial remedies expands. Attacks on the legal profession deter lawyers from taking on lawsuits challenging the federal government, potentially expanding the gap between right and remedy. This essay describes how the legal profession has responded to this moment and urges attorneys to renew their commitment to the rule of law.

The Unspoken And The Unseen: An Analysis Of Victim Gender And Linguistic Framing Of Sexual Assault In Judicial Discourse, Sarnika Ali

Quantitative Social Science Undergraduate Senior Theses

Sexual assault is a profound legal and social crisis. However, it is also fundamentally a linguistic one. The words used, or conspicuously not used, to describe victims, perpetrators, and their actions are not neutral arbiters of fact. They are powerful mechanisms that shape perceptions of harm, attributions of blame, and assignments of credibility. The central battleground for survivors is credibility, and while a “credibility discount” is often applied to female victims, the male victim is rendered nearly invisible. This research is therefore guided by one central, overarching question: how does a sexual assault victim’s gender influence the judicial language used, …

Urban Evolution And Legal Stability: Immovable Property Law Put To The Test By Urbanization, Hervé Parcheminal

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The Moroccan landscape is rapidly transforming under the repeated assaults of galloping urbanization. This phenomenon, accelerated by socio-economic changes, has reached spectacular proportions as illustrated by the new faces of the Kingdom's major cities. Urban planners and architects are renewing and often disrupting the configuration of urban sites. Cities now extend both in surface area, gradually absorbing agricultural land, and in height, raising buildings ever higher. Faced with these transformations, the legal landscape is also evolving. Immovable property rights are shaken by an Administration that finds in urban planning and construction regulations indispensable instruments for a coherent urban policy. Territorial …

Powers Of The National Land Agency In Land, Urban Planning, And Development Matters, Mohamed Adnane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The National Land Agency's powers are defined by Prime Ministerial Circular No. 338/C of August 26, 1982. Its responsibilities include collecting, preserving, and disseminating information on unbuilt land belonging to the State (public and private domains), public habous, Guich lands, and local and ethnic communities located within urban perimeters and peripheral zones. The Agency also establishes orientation plans for municipalities, autonomous centers, delimited centers, and their peripheral zones in collaboration with the Ministry of the Interior through a preparatory commission chaired by the Agency. Additionally, it participates in various interministerial commissions on urban, industrial, tourism, and land development, and collaborates …

The Real Estate Question In The Urban Environment Of Morocco, Asaad Abdemajid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The land question in urban areas has come to occupy an important place in the human environment due to its impact on individual behavior. As a result of high demographic growth, intense rural migration, and consequent multiplied urban growth, the land question now arises in its holistic human dimension. It is not limited to the legal land system and its relationship with the individual or family occupying it, but extends to the broader framework of city dwellers' lives in their social and psychological reality. The urban land question involves multiple variables requiring the combined efforts of legal experts, economists, financiers, …

On The New Real Estate Investment Law, Mohamed Chaabi El Madkouri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Morocco is experiencing significant urban development as all urban and rural centers face continuous expansion due to massive demographic growth, leading to increased housing needs. Official statistics indicate that Morocco will need 3 million new housing units by the year 2000, requiring the construction of 200,000 units annually. Urbanization, demographic shifts, and intensive migration to cities have created chaos in urban planning, fueled land speculation, and led to the spread of clandestine construction and shantytowns. The state makes continuous efforts to meet housing needs by acquiring serviced land through the National Fund for Land Acquisition and Development, financed by citizen …

Obstacles Posed By Real Estate To Urban Development And Attempts To Overcome Them, Mohamed El Wakari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The land question has become central to any development project, whether rural or urban, due to its legal, economic, and socio-political dimensions. In urban areas, land serves as the locus of development but faces multiple obstacles. Demographic growth, rural exodus, housing needs, land availability for construction, and rampant speculation have created an imbalance in land supply and demand. This situation has exacerbated related problems such as clandestine buildings, shantytowns, lack of sanitation and basic infrastructure, leading to chaotic urbanization. Consequently, public authorities must intervene to curb the uncontrolled growth of cities and establish rational land management.

Expropriation For Public Utility Purposes Under The Provisions Of The New Law, Mohamed El Kechir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Public authorities need real estate to manage public utilities. While the state's properties are subject to a special legal regime, the administration typically acquires land through ordinary methods, acting as a private individual under private law rules. However, when such ordinary acquisition proves impossible, the legislator allows the state to resort to expropriation for public utility purposes to avoid paralysis of state activities. The Moroccan Parliament has approved a new law on expropriation for public utility, which updates and governs this exceptional power. This text introduces the legal framework balancing public infrastructure needs with private property rights.

Contracting In The Real Estate Field, Mohamed Kheiri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines why real estate contracting was chosen as a key topic, as it concerns all current and future participants in the property sector, involving both registered and unregistered lands. The author argues that this subject lies at the heart of problems faced by judges, public authorities, and citizens. While most global property systems require notarized formal contracts to ensure legal compliance and prevent disputes, the Moroccan legislator has departed from this principle. Moroccan law grants contracting parties the freedom to choose any form—official or informal—despite the substantial legal differences between them. This flexibility raises concerns about legal security …

Digital Bodily Autonomy: Consent Issues, Labor Displacement, And Legal Understandings Of Ai Generated Deepfake Pornography, Mariah Barrett

Undergraduate Theses, Capstones, and Recitals

In the United States, nonconsensual pornographic deepfakes are becoming an increasingly prevalent problem as AI deepfake creation software improves and becomes widely available. Despite this, patchwork legislation across the country is inconsistent and conflicting regarding this issue. In this paper, I explore the background of pornography and obscenity laws and demonstrate how these frameworks are not properly constructed to apply to the digital sphere. Then, I address major themes within deepfake literature such as consent issues, bodily autonomy, labor displacement, and verifiable identity as a commodity through the case study of OnlyFans. I explore current and proposed legislation within the …

The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold

Undergraduate Theses, Capstones, and Recitals

Despite the large number of attorneys in the United States, the disproportionate concentration of attorneys in urban areas leaves rural residents to navigate the complex legal system on their own. This uneven distribution creates ‘legal deserts’, or areas where residents lack access to attorneys. The Southwestern United States has especially dire legal deserts, and Nevada is no exception. While defendants in criminal matters are guaranteed legal representation, parties in civil legal issues are not granted the same right to representation. Civil legal issues largely impact vulnerable populations and can have profound impacts on individuals’ family, economic circumstances, and physical wellbeing. …

Constitutional Inferences On Emerging Technologies: Analyzing Government Overreach, The Fourth Amendment, And Democratic Process In The Age Of Artificial Intelligence, Alan To

McNair Research Journal SJSU

The rapid adoption of artificial intelligence (AI) and machine learning (ML)

technologies by federal agencies presents novel constitutional questions that

existing legal doctrine has not yet adequately addressed. This paper

examines the emerging constitutional dimensions of the 2026 conflict

between Anthropic and the Department of Defense (DOD), in which the

Pentagon demanded unrestricted use of Anthropic's AI model Claude for

domestic mass surveillance and autonomous weapons systems, ultimately

designating Anthropic a supply chain risk when the company refused.

Drawing on three salient constitutional frameworks, specifically the Fourth

Amendment doctrine established in Kyllo v. United States (2001) and

Carpenter v. United …

The Waqf (Amendment) Act 2025: Policy, Politics, And Performance, Noor Ameena

Journal of Law and Public Policy

This legislative note examines The Waqf (Amendment) Act at the intersection of religious minority rights and state control. It begins by outlining the concept of waqfs, their significance in the Muslim world, types of waqfs, and modalities of their creation. Providing a brief history of the regulation of waqfs, it highlights the close connection of these Muslim religious endowments with the history of Hindu religious endowments. It evaluates the 2025 legal developments across three key areas: (i) family waqfs, testamentary succession, and gender, (ii) ‘government property’, waqfs, and state appropriation, and (iii) waqf regulation as a potential infringement on religious …

Escaping Quarantine: Marine Hospitals, The Constitution Act, 1867 And Canada’S First Federal Health Care Program, Dan Dwyre

Dalhousie Journal of Legal Studies

Previous scholarship has argued that the enumeration of marine hospitals as a federal head of power in the Constitution Act, 1867 reflected a national concern over immigration and quarantine. This article disputes that. Using primary sources, this paper demonstrates that Canadian marine hospitals were established in port communities to provide for the general health of itinerant merchant sailors, who would otherwise be a burden on local hospitals and charitable organizations. The article concludes that marine hospitals can be viewed in retrospect as one of Canada’s first federal health care programs.

One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard

Dalhousie Journal of Legal Studies

Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …

The Weight Of Discretion: Examining Perceptions, Decision-Making, And Overrepresentation In Canada's Youth Criminal Justice System, Adrienne Graham

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) has changed the way that youth encounter Canada’s criminal justice system. While the reintegration and rehabilitation goals of the YCJA have decreased overall youth custody rates, Black and Indigenous youth continue to be treated differently than other youth. This paper examines the overrepresentation of Black and Indigenous youth in the criminal justice system, the impact of poverty on police oversurveillance, various policing practices, and the role of extrajudicial measures. Through discussing youth perceptions on police legitimacy alongside police perceptions of youth, this paper will demonstrate that in order to further the principles …