Digital Commons Network^™

Ending The Stigma: Abolishing India’S Marital Rape Exception And Post Abolition Practices, Hibah Hasan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Conceptual Architecture Of America First—Ideological Transactionalism And The Case Of Cuba, Larry Catá Backer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Are There Gender Disparities In Chinese Legal Education? – An Empirical Enquiry, Peter C.H. Chan, Haojin Duan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Conceptualising Economic Negative Constitutionalism: A Case Study Of The Israeli Supreme Court, Lilach Litor

Journal of Law and Public Policy

Social rights, such as the right to live with dignity, are included in universal treaties. Nevertheless, many constitutional documents and jurisdictions do not recognize social rights or tend to limit their scope.

The paper discusses this phenomenon in relation to two distinct approaches to constitutionalism—economic negative constitutionalism and positive social constitutionalism. The former tends not to recognize social rights as constitutional rights, while the latter posits that the state is under an obligation to actively recognize their constitutional status and provide wide protection for them. Economic negative constitutionalism could also be characterized as recognizing only a limited scope of social …

Navigating The Tension Between The Rule Of Law And Judicial Discretion Without Robot Judges, Michael H. Simon

Mercer Law Review

The rule of law is a multifaceted concept about which there is no generally accepted understanding of what that phrase precisely means or all that it includes or excludes. It is, however, something that is widely praised and that almost all governments and officials claim to follow. One of the few areas in which there appears to be consensus is that the rule of law requires that like cases be treated alike. When a substantive legal rule directs only one correct answer, it is not difficult to treat like cases alike. There are many disputes, however, that come before trial …

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2025, in a Clean Water Act (“CWA”) citizen-suit challenge to a landowner’s filling of a tract of land on St. Simon’s Island, Georgia, under a nationwide dredge-and-fill permit issued by the United States Army Corps of Engineers (the “Corps”), the United States Court of Appeals for the Eleventh Circuit held that the landowner did not waive its right to challenge whether the tract was a wetland by virtue of submitting a form to the Corps in connection with its obtaining coverage under the permit that stated that the landowner accepted that the tract at issue was a jurisdictional water …

Federal Income Taxation, Andrew Todd

Mercer Law Review

In 2025, the United States Court of Appeals for the Eleventh Circuit issued a handful of published opinions involving U.S. federal income tax issues. One of those cases, United States v. Schwarzbaum, presented an issue of first impression in the Eleventh Circuit: whether civil penalties for a U.S. citizen or resident’s willful failure to file a Report of Foreign Bank and Financial Accounts (commonly known as the “FBAR”) are “fines” within the meaning of the Eighth Amendment and, therefore, are subject to the constitutional prohibition on excessive fines. This Article surveys that opinion.

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. M. Guarnotta

Mercer Law Review

The 2025 Survey period yielded a range of decisions impacting trial practice in the United States Court of Appeals for the Eleventh Circuit, from detailed analysis of the constitutional requirements for personal jurisdiction, expounding upon the limited opportunities for interlocutory appeal, and reinforcing pleading standards. This Article analyzes some of this Survey period’s notable opinions on issues of first impression in the Eleventh Circuit, but it is not intended to be an exhaustive discussion of the Eleventh Circuit’s important decisions during the Survey period.

Children, Clicks, And Constitutional Blind Spots: The First Amendment And The Regulation Of Social Media For Minors, Pepper Miller

Mercer Law Review

“A fundamental principle of the First Amendment is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.” This oft-quoted maxim from Packingham v. North Carolina has become a touchstone for the wave of litigation challenging state laws that restrict minors’ access to social media platforms. But, in the rapidly advancing age of social media, should the principle still stand that all persons, specifically minors, are entitled to unfettered access to such novel spaces where they can speak and listen? Underpinning the discussion of this issue lies “a …

Eye In The Sky: The Eleventh Circuit Allows Warrantless Surveillance Of The Home Via Pole Cameras In United States V. Gregory, John T. Roberts

Mercer Law Review

What does “search” mean? Defining the word seems simple enough, yet, courts have struggled to provide a consistent answer under Fourth Amendment jurisprudence. This difficulty has only been exacerbated by rapidly advancing technological innovations in the field of surveillance. Specifically, courts across the country are split on whether long-term surveillance of an individual’s home via a pole camera is considered a search under the Fourth Amendment.

In United States v. Gregory, the United States Court of Appeals for the Eleventh Circuit addressed this issue head on, holding that surveillance of this kind is not considered a search under the Fourth …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

Trapped By Immunity: Women, Prisons, And The Need For Obvious Clarity, Alexandria E. Hatten

Mercer Law Review

For many Americans, the mere thought of the prison system evokes great fear and uncertainty. The fear is justified and reflected through rampant reports of sexual abuse, exploitation, and abuse of power by prison officials. Lack of privacy in prisons is largely supported and expected. The general population of prisons have unique safety concerns which require closer surveillance and diligent observation by correctional officers. Prison officers are tasked with ensuring that all contraband stays out of inmate possession—notwithstanding the constant changes of the general population. The security interests of a prison also extend to prison visitors. The known security concerns …

All Rights Reserved . . . For Disney: Corporate Mouse Traps, A Frozen Public Domain, And How A.I. May Usher In A Whole New World For Copyright, Matthew A. Shatto

Mercer Law Review

Copyright, as a body of law, is a recent development in the human consciousness, originating in 1710 with England’s Statute of Anne. Nevertheless, in the three hundred years that followed, more copyright laws were enacted than murder statutes throughout recorded history. With these successive statutes, corporations have effectuated the largest land grab ever seen. Modern copyright law is the elephant in the room in discussions of wealth inequality, perpetuating evil inside and between countries. Moreover, it has deprived humanity of cultural roots, locking ideas behind a paywall that funnels wealth to the few and stymies ingenuity through the sterilization of …

No More Guessing Games: Rebuilding Clarity In Georgia’S Ante Litem Notice Statute, Ethan Debruicker Terrell

Mercer Law Review

Imagine a child’s shape sorter toy—the kind with square, circle, and triangle-shaped holes and equivalent pegs in the same shapes. The toy forms a foundation in a child’s development because, among other things, it teaches the child to problem-solve by (1) recognizing the problem (different-shaped pegs that must go in the sorter a certain way) and (2) solving it (placing each peg in the correct hole to sort the pegs). For simplicity’s sake, let us imagine the toy only has a square and circle-shaped hole with square and circle-shaped pegs. As the child intuitively learns the “rules” of the toy, …

Finally, A Fair Shot: Supreme Court Shoots Down The Moment-Of-Threat Doctrine In Barnes V. Felix, Noah Ring

Mercer Law Review

The Framers designed America’s legal system with the belief that no one, not even the government, is above the law. The right to hold government officials accountable before a court reflects the Framers’ vision that justice resides in the people themselves. Unfortunately, countless citizens who suffer excessive force are barred from presenting their stories to the jury. Nowhere is the clash between liberty and authority more visible than in encounters between police and citizens. Every day, those who wear the badge are forced to make difficult judgment calls in volatile situations.

In 2024, 147 officers lost their lives in the …

What Attorneys “Ott” To Do: The Supreme Court Clarifies Judgmental Immunity In Georgia, Valeria Notte

Mercer Law Review

The Supreme Court of Georgia dealt a swift blow to the Court of Appeals of Georgia’s interpretation of judgmental immunity in a recent decision. For over three decades, the court of appeals recognized a subjective defense that shielded attorneys from liability for mistakes made while representing a client. Under this interpretation of judgmental immunity, attorneys prevailed on motions for summary judgment by demonstrating that they had exercised their honest professional judgment in making the challenged decision. Now, in Cox-Ott v. Barnes & Thornburg, LLP, a unanimous opinion by the supreme court held that attorneys are no longer entitled to the …

From “Filed Under Seal” To “Frivolous On Appeal”: Potts V. Richardson And Georgia’S Movement Toward Enforceable Professionalism, H. Walker Purvis

Mercer Law Review

Potts v. Richardson marks a turning point in Georgia’s professionalism movement. On its face, the case involved an application of Georgia’s anti-SLAPP statute and the privilege afforded to communications made in connection with judicial proceedings. But the Court of Appeals of Georgia did more than resolve a defamation dispute. By imposing a $2,500 sanction under Rule 7(e) for what the court deemed a frivolous appeal, it in effect sanctioned a lawyer for conduct that violated the Georgia Lawyer’s Creed and Aspirational Statement on Professionalism.

Georgia has been a leader in the modern professionalism movement for decades. Central to that commitment …

Georgia’S New Direct Action Landscape For Motor Carriers, William M. Davis

Mercer Law Review

A direct action is a lawsuit in which an injured claimant sues the alleged tortfeasor’s liability insurer directly—often joining the insurer as a defendant alongside—or instead of—the insured. Such suits are typically based on a statute or policy provision that authorizes that suit before the claimant has obtained a judgment against the insured.

Direct actions are generally not allowed in Georgia; however, there are specific statutory exceptions permitting direct actions under certain circumstances. One such statutory exemption was made for direct actions against liability insurers of motor carriers. Until the enactment of S.B. 426 in 2024, direct actions against the …

Criminal Law, Thomas D. Church, Reid M. Koski

Mercer Law Review

This Article provides a tour of the most important criminal law opinions published by the United States Court of Appeals for the Eleventh Circuit in 2025. Rather than engage in an exhaustive review of the facts and laws in each case, we focus on the key holdings from the most noteworthy, published decisions. Section I of this Article addresses rulings specific to substantive offenses such as fraud, drug trafficking, and sex crimes, while Section II covers issues arising under the U.S. Constitution, the Federal Rules of Evidence, and the Federal Rules of Criminal Procedure. Section III deals with the Federal …

Labor And Employment, W. Jonathan Martin Ii

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. The following is a discussion of those opinions.

Risky Business: Uncertainty, Trade Policy, And The Impact On Mergers & Acquisitions, Talia E. Levine

Mercer Law Review

“If there’s one thing that’s certain about life, it’s uncertainty.” It’s closing day for a deal. Executives, lawyers, and advisors surround the boardroom table. Diligence is complete, financing is secured, and the goals of the buyer and target are aligned. Then, a midnight executive order rolls through, imposing a 10% tariff on half the target’s supply chain. Uncertainty ensues. Negotiations stall. The deal does not close.

The rise of trade-related uncertainty has become a significant disruptor in mergers & acquisitions (“M&A”) and private equity (“PE”) transactions. Uncertainty impedes the flow of strategic transactions in the M&A and PE markets by …

Title Ix Without Tenure: The Eleventh Circuit Bars Sex Discrimination Suits By Educational Employees In Joseph V. Board Of Regents, Lily Kachmar

Mercer Law Review

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” In just thirty-seven words, Title IX of the Education Amendments of 1972 ushered in a transformative era of protections for gender equality in higher education. Yet, courts remain split on the overall scope of those protections.

In Joseph v. Board of Regents of the University System of Georgia (“Joseph II”), the United States Court of Appeals for the Eleventh Circuit became the latest …

Cardozo Law Announces Three New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced the appointments of three new faculty members: Assistant Professor of Law Mridula Raman, Assistant Clinical Professor of Law and Co-Director of the Civil Rights Clinic Stefen R. Short, and Harold A. Stevens Visiting Assistant Professor of Law Fregine Sheehy. Their expertise spans criminal law, civil rights, disability justice, critical race theory, evidence, and human rights law.

Betting On The Body: Private Equity Portfolio Funding Of Medical Malpractice Litigation And The Financialization Of Patient Justice, Barry J. Cohen

Journal of Law and Health

Portfolio-level third-party litigation funding in medical malpractice creates conflicts of interest that existing professional responsibility doctrine under Model Rule 1.7 was not designed to address. Unlike single-case consumer funding, which may improve access to justice, portfolio funding aggregates dozens or hundreds of malpractice claims into diversified investment vehicles, optimizing for internal rates of return on the portfolio instead of outcomes for individual plaintiffs. What follows, is the first sustained analysis of this gap.

Drawing on clinical and legal perspectives, the analysis distinguishes a single-case from portfolio funding and identifies four portfolio-specific conflicts under MRPC 1.7: the swing-for-the-fences problem, cross-subsidization, information …

Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

Online Voting: Should Ohio Adopt Online Voting For Voters With Disabilities?, Audrey Mcconihe

Journal of Law and Health

This Note argues that Ohio should implement a limited online voting system for voters with disabilities in order to expand meaningful access to the voting while preserving election integrity. Drawing on the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Voting Rights Act of 1965, and the Help America Vote Act, this Note contends that Ohio’s current absentee voting framework continues to impose substantial barriers on disabled voters by denying many individuals the ability to cast ballots privately, independently, and safely.

The Note examines how the COVID-19 pandemic exposed longstanding deficiencies in American voting infrastructure, particularly for disabled …

The Rise Of Realism And The Search For Justice In 19th Century Literature, Isabella R. Clark

Honors Theses

This thesis follows parallel legal and literary arcs towards “Realism.” While these two movements do not have the exact same timeline, they both characterized the 19th century. This thesis intertwines the literary shift towards writing that more closely resembles reality with the legal realist aim at a justice that more closely relates to its society. As we look at three novels from the 19th century, we will see how the change in literary form relates to a change in legal philosophy as the popular literary style and goal was later formalized by the law. In our study of each novel, …

How Do Minimum Wages Affect Workplace Injuries?, Michael Davies, R. Jisung Park, Anna Stansbury

Employment Research Newsletter

No abstract provided.