Digital Commons Network^™

Rehabilitation In Name Only: Structural And Procedural Failures In Tennessee’S Parole System, Laney Quickel, Ashia Davis, Kresha Patel, Michelle, Camillia, Sherra

Vanderbilt Social Justice Reporter

No abstract provided.

The Need For A Sentencing “Second Look” Statute In Tennessee, Alisha, Bershia, Lindsey, Rhyma Asim, Cassandra Berice, Kyle Smith

Vanderbilt Social Justice Reporter

No abstract provided.

Substantive Biases? Analyzing Ideological Bias In Substantive Due Process Claims On The Roberts Court, Nicholas J. Ginsberg

Undergraduate Honors Theses

This thesis examines whether judicial ideology has a stronger influence on Supreme Court decision making in substantive due process claims when compared to other areas of law through the Roberts Court. Previous scholarship has noted that ideology is a factor in judicial decision making, however, there is little scholarship on if specific areas of law makes ideology play a larger factor in decision making. Utilizing justice-level voting records from the Roberts Court and Segal-Cover scores to measure judicial ideology, a logistic regression model is utilized to analyze the relationship between ideology and voting behavior in substantive due process cases and …

Estimator And Reflector Variables In Eyewitness Recall, Sakshi Mundra

Student Theses

Eyewitnesses are frequently asked to describe culprits following a crime, but how accurate and complete are such descriptions? This study examined eyewitness description completeness and accuracy by investigating estimator variables (Race and Gender), reflector variables (Confidence and Response Time), and elicitation methods (Free Recall and Prompted Recall). Participants viewed one mock-crime video featuring a culprit who varied in race (White or Black) and gender (Female or Male), then provided free recall descriptions followed by prompted descriptions of facial features. Prompted recall improved completeness beyond free recall, though with a minor reduction in accuracy. Descriptions were more complete for same-race and …

Kedudukan Hukum Ekonomi Dalam Struktur Ilmu Hukum, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

Abstract

Strength In Collaboration: A Unified Dd Network Approach To A Statewide Needs Assessment, Emily R. Lanchak, Julie Lounds Taylor, Bruce L. Keisling

Developmental Disabilities Network Journal

To strengthen collaboration, improve efficiency, and reduce respondent burden, the Tennessee Developmental Disabilities (DD) Network launched a first-of-its-kind integrated statewide needs assessment. This two-year, mixed-methods effort gathered input from nearly 1,500 individuals with disabilities, family members, and professionals through an accessible survey and follow-up focus groups. Tennessee DD Network partners co-developed measures, coordinated outreach efforts, and pooled resources to ensure broad representation and inclusive participation across communities statewide. Community members with lived experience were involved throughout the process, helping to ensure materials were usable, relevant, and respectful of diverse needs. The resulting shared dataset provides a foundation for each organization’s …

Krisis Multi Dimensi Dan Sengketa Tanah Di Indonesia, Arsin Lukman

Jurnal Hukum & Pembangunan

Abstract

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

The Circuit Court Interim Docket, Jeffrey Paul Desousa, Casey Witte, Jacob Eisler

University of Miami Law Review

While there has been increased interest in the Supreme Court’s use of emergency applications to decide substantive legal questions on an interim basis (sometimes called, controversially, the “shadow docket,” or sometimes the “emergency docket,” though more aptly labeled the “interim docket”), equivalent practices at the appellate level have largely been overlooked. Yet these practices—the use of stays, injunctions, and similar urgent interventions against trial court rulings—have significant parallels to their Supreme Court counterparts. This Article sheds light on the courts of appeals’ interim practice, with a focus on the Eleventh Circuit. It first reviews the procedures that govern interim practice …

It’S Getting Too “Messi”: The Pending Litigation That Should Lead Major League Soccer To Finally Abandon Its Single Entity Structure, Aaron Glas

University of Miami Law Review

Despite being the most popular sport worldwide, soccer has never attained that level of popularity in the United States, lagging significantly behind sports like football, basketball, and baseball. Major League Soccer (“MLS”) was founded in 1995 in an effort to establish a viable, long-term professional soccer league in the United States. It was structured as a single entity to keep costs low, promote an even playing field, and avoid costly antitrust suits brought by its players. The United States Soccer Federation (“USSF”) helped insulate the league from competition in its infancy, but MLS is now a completely different league from …

Foreword, Hon. Robert J. Luck

University of Miami Law Review

No abstract provided.

From Promise To Practice: An Analysis Of The De Jure-De Facto Gap In The Individuals With Disabilities Education Act, Alyssa S. Piccoli

Honors Scholar Theses

Children with disabilities face educational disparities in the United States despite the existence of the Individuals with Disabilities Education Act (IDEA), which was enacted by the U.S. Congress to ensure a Free Appropriate Public Education (FAPE) for such children. As promises of protection are overshadowed by discrepancies in access, quality, and consistency across school districts (Seligman 2005), this paper examines the legal factors that aggravate the paradox between de jure educational rights and their de facto fulfillment for children with autism. To better understand how these challenges manifest in the legal arena, I analyze twenty-four legal cases and seventy claims …

Ndls Communicator: Week Of 05.04.26, Notre Dame Law School

NDLS Communicator

The Latest News

• In Memoriam: G. Robert Blakey, the William J. and Dorothy K. O’Neill Professor of Law Emeritus, Notre Dame Law School
• Rev. Patrick Reidy Named 2026 Distinguished Teaching Award Recipient
• ND Law student Joshua Robe receives University of Chicago Federalist Society Eaton Award
• Justice Mary Yu ’93 J.D. Delivers 2026 Peace Through Law Lecture at Notre Dame London on the Death Penalty and the Pursuit of Justice
• Notre Dame Law School’s Private Law Workshop Engages Students with Cutting-Edge Legal Scholarship
• LL.M. student Anipha Abass Mwingira attends the 70th Session of the UN Commission on the Status of Women …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism., Cynthia A. Williams

Articles by Maurer Faculty

The purpose of this Article is to bring some of the emerging empirical literature evaluating the effects of required greenhouse gas (GHG) disclosure to bear on discussions of disclosure as a mechanism to address climate change. Since disclosure has become such a significant part of global efforts to address climate change, whether it has the effects in fact that are attributed to it in theory is properly subject to interrogation.   In this Article, several interrelated questions will be discussed. First, what does the empirical evidence show about the effects of required (GHG) disclosures on emissions? What mechanisms are engaged in …

Kedudukan Prinsip Komplementaritas Mahkamah Pidana Internasional Atas Pemberian Amnesti Terhadap Pelaku Kejahatan Internasional, Sari Aziz

Jurnal Hukum & Pembangunan

Abstract

Usaha Negara Dalam Menghadapi Kerusakan Lingkungan Hidup Yang Terjadi Di Luar Yurisdiksi Nasional, Leonardo Bernard

Jurnal Hukum & Pembangunan

Abstract

Pengaturan Tindak Pidana Pemilu Di Empat Negara Asia Tenggara, Topo Santoso

Jurnal Hukum & Pembangunan

Abstract

Masa Depan Monopoli Badan Usaha Milik Negara Di Indonesia, Kumia Toha

Jurnal Hukum & Pembangunan

Abstract

Gagasan Pengadilan Pemllihan Umum Dalam Perspektlf Sejarah Hukum Penyelenggaraan Pemilu 1999, Satya Arinanto

Jurnal Hukum & Pembangunan

Abstract

Sejarah Dan Perkembangan Pemikiran Pluralisme Hukum Dan Konsekuensi Metodologlsnya, Sulistyowati Lrianto

Jurnal Hukum & Pembangunan

Abstract

Beberapa Catatan Mahkamah Pidana Internasional Dalam Kaitannya Dengan Perserikatan Bangsa-Bangsa (Pbb), Sri Setianingsih Suwardi

Jurnal Hukum & Pembangunan

Abstract

Law-Related Education: An Alternative To School Suspension, Tammy Thurman, Huma Zia

Justice, Law, and Public Safety Studies Department Faculty Conferences

This session explores the intersection of law-related education and youth courts through a demonstration from the presenter's 'Legal Literacy' program, which was implemented in a school district as an alternative to out-of-school suspension.  The program exposes students to practical and relevant legal principles and promotes student accountability and skill-building.

From Claiborne To Climate: Anti-Esg Boycott Legislation And Corporate First Amendment Rights, Ingrid Tjendro

Fordham Law Review Online

Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such legislation—state anti-ESG boycott statutes—and argues that they constitute an unconstitutional suppression of protected corporate speech and association.

Drawing on traditional anti-boycott jurisprudence, including NAACP v. Claiborne Hardware Co. and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., and the circuit split over anti-Israel boycott legislation, this Comment centers on the recent decision in American Sustainable Business Council v. Hegar …

What Is A House?: Searching For The Meaning And Scope Of Curtilage At Common Law, Mitchell A. Del Bianco

Fordham Law Review Online

No abstract provided.

The Long Arm And The Short Stick: How Citizenship Transforms White-Collar Enforcement, Andrey Spektor, Henry B. Blaikie

Fordham Law Review Online

Transnational white-collar enforcement has expanded steadily, even amid recent Department of Justice rhetoric favoring restraint. Yet the enforcement apparatus imposes markedly different—and more costly—consequences on noncitizen defendants than on similarly situated U.S. citizens. Noncitizens are more likely to be detained pretrial and more likely to serve longer and harsher custodial terms because they are excluded from sentence-reducing mechanisms, housed in more restrictive facilities, and face an additional layer of postsentence immigration detention. These structural features convert nominally equivalent sentences into more punitive sanctions while increasing burdens on courts, prisons, the immigration system, and taxpayers.

This Essay argues that courts, as …

A Qualitative Study Of Journalism Course Syllabi In Relation To The First Amendment, Elizabeth L. Bunnell

Journalism Undergraduate Honors Theses

The goal of this research is to gain more insight into collegiate journalism course syllabi and the First Amendment. The First Amendment is a foundational aspect for a career in journalism, and one way to learn how college journalism students are interacting with the First Amendment is to conduct a qualitative analysis of the syllabi. A syllabus is the contract between professor and student for the course; therefore, it should contain the most important information relating to the course. 47 syllabi were collected from the School of Journalism and Strategic Media from the Spring 2025 semester. After reading through each …

When “Voice” Becomes Law: A Caution Against Emancipatory Complacency In Anti-Sexual Violence Feminism, Samantha Lillian To

LL.M. Essays & Theses

This Essay destabilizes a feminist project that seeks to emancipate sexually violated women in the United States through a rhetoric of voice. There is a body of feminist literature that imagines voice as unconstrained self-expression through which sexually violated women resist patriarchal oppression and heal from trauma. When projected onto the courtroom, however, this framework becomes an ideal that the legal process, by its structure, cannot fully accommodate. This Essay presents three claims. First, despite the emergence of a legal promise of “voice” after the enactment of the Crime Victims’ Rights Act, feminists should not treat it as the culmination …

Men’S Courts Or Women’S Laws? Domestic Violence, Men’S Rights Activism, And The Specter Of False Cases, Arushi Gupta

LL.M. Essays & Theses

In the late 1970s and early 1980s, Indian newspapers and magazines began reporting stories of domestic abuse in matrimonial homes ranging from women subjected to dowry demands, beatings, everyday mistreatment, financial control, expulsion from the home, and even being burnt to death. Feminists recognized this as an urgent issue to respond to as these reports highlighted that domestic violence is endemic. Everybody knew a victim. Their own mothers, sisters, friends and, in some cases, they themselves were facing violence within marriage. The lobbying of women’s groups helped prompt the passage of Section 498A in 1983, which criminalized cruelty against women …