Digital Commons Network^™

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …

What We Can Glean From The Book Of Ruth: A Novel Approach To Keeping The Schoolhouse Doors Open To All Children, Summer Basham Todd

Vanderbilt Social Justice Reporter

No abstract provided.

Examining Educational Legislation In Indiana, Jason Cary

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to explore the world of educational legislation and how it is crafted, molded, and signed into law in the state of Indiana. The study examined the key legislative players, the machinations of the Statehouse, the educational organizations and their lobbyists, the national landscape, and other factors at play. To find the answers to the research questions in this study, the researcher interviewed multiple Indiana legislators. An effort was made to sit down with elected officials from both chambers who serve on the educational committees. According to the research, state and federal legislatures are …

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Immigrants And The Battle For Our Nation In The Courts, Raquel E. Aldana

University of the Pacific Law Review

No abstract provided.

Licensure Reform, Not Alternative Pathways, Brian R. Gallini

University of the Pacific Law Review

No abstract provided.

From Classroom To Courtroom: Understanding Real Pathways Into Legal Careers, Timothy S. Troxel

Theses/Capstones/Creative Projects

This study examines how legal professionals describe their preparation for legal and law-adjacent careers, with the goal of identifying practical guidance for college students entering the field. Existing literature on legal career preparation often emphasizes measurable qualifications, while offering broad or generalized advice. At the same time, research on career development highlights the importance of experiential learning and mentorship, suggesting a gap between formal guidance and lived experience. To explore this gap, this study conducted interviews with ten legal professionals across a range of roles and experience levels. Participants were asked about their backgrounds, career paths, skill development, and other …

Pussy Protest! Protest Zines To Uplift Marginalized Voices, Alekz Nelson

Theses/Capstones/Creative Projects

A publication of 4 separate zines made up of 12 pages each. The zines delve into the history of the Americans with Disabilities Act, trans women and their music artistry, lack of lesbian media, and inmate working conditions. These zines aim to not only raise awareness towards these issues, but spark action from readers by providing practical and doable options to pursue. With societal attitudes and political administrations becoming more conservative, spreading this information and awareness is vital to ensure that these alternatives ways of life are not forcibly erased.

Reckitt-Benckiser And Buprenorphine: Opioid Addiction Treatment, Drug Monopolies, And Consumer Implications, Peri G. Heyen

Theses/Capstones/Creative Projects

The opioid crisis in the United States is a deadly epidemic that demands fair and accessible treatment for those affected. The introduction of buprenorphine for opioid addiction disorder in 2002 allowed for the first treatment of the disorder beyond the time intensive and stigmatized practices of methadone clinics, which proved to be revolutionary. Reckitt-Benckiser (“Reckitt”) and former subsidiary Indivior were able to gain a legal monopoly of buprenorphine through their orphan drug exclusivity designation on Suboxone tablets that was approved by the FDA. Once orphan drug exclusivity was near expiration and generic competition began to prepare to enter the market, …

Harnessing Ai In Legal Education: Opportunities For Innovation, Leadership, And Student Success, Peculiar Awa, Grant Shostak

Journal of Educational Leadership in Action

Artificial Intelligence (AI) is increasingly transforming the practice of law, from predictive analytics in policing and algorithmic sentencing to generative AI-assisted drafting and research. Despite this technological shift, legal education remains predominantly doctrinal, inadequately preparing graduates to function effectively in an AI-mediated environment. This paper contends that law and legal studies programs must integrate AI literacy, applied AI skills, and ethical instruction into curricula. By leveraging experiential learning, interdisciplinary collaboration, AI-driven simulations, and critical inquiry, institutions can produce graduates who are both technically competent and ethically grounded, ready to navigate the evolving legal profession.

The Supreme Court, Regime Politics, And Federalism: From The New Deal To The Trump Era, J. Mitchell Pickerill, Lilly A. Pickerill

Northern Illinois University Law Review

In the 1990s, the conservative majority on the Rehnquist Court championed state sovereignty and autonomy in a series of cases some commentators dubbed a “federalism revolution.” The Supreme Court crafted constitutional doctrines under the Commerce Clause, Tenth and Eleventh Amendments, and Section Five of the Fourteenth Amendment that limited federal powers while protecting or bolstering state powers. The Court’s doctrines in those cases diverged from its approach to constitutional federalism since the New Deal in the 1930s, but it tracked with the conservative Republican political agenda promoting a “new federalism” going back to Presidents Nixon and Reagan. However, as the …

Unruly Boards: Abrogating The Separate Duty Of Obedience In Nonprofit Organizations, Andrew Faul And Dr. Muthusami Kumaran

Barry Law Review

This Article examines whether the duty of obedience should remain a separate fiduciary duty in nonprofit governance. While traditionally recognized alongside the duties of care and loyalty, the duty of obedience has become increasingly impractical and largely redundant in modern nonprofit law. The Article argues that obedience is better understood as a foundational principle underlying other fiduciary duties rather than an independent obligation. Ultimately, it advocates for eliminating the duty of obedience as a standalone duty while preserving its role in promoting accountable and mission-driven nonprofit governance.

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

Beyond Skrmetti: A Constitutional Case For Gender-Affirming Care, Mateo-Luis A. Planas, Evan Gerstmann

Honors Thesis

In 2025, roughly 2.1 million adults in America identify as transgender, making up around 1% of the country’s total population. Despite this, the transgender identity has become a focus of political debates and made its way onto the U.S. Supreme Court’s docket in U.S. v. Skrmetti. The issue is not whether transgender people exist, but rather, how they ought to exist legally: if and when one can access medical care to pursue a gender transition. While many American doctors agree that these treatments are life-saving, since 2021, a slew of legislation has limited access for adults 18-21 (AMA, 2021). This …

Red 40 Riot: An Interdisciplinary Perspective On The Fight For Food Additive Regulation, Margaret Q. Gray

Honors Theses

This paper explores the chemical, business, and governmental influences that impact the perception and future of Red 40. This inquiry was inspired by the increasing trends towards health-conscious consumer preferences and the 2025 Red 3 ban. This thesis examines foundational research, modern sources, and public-facing articles to create a comprehensive understanding of both sides of the argument in support of and against regulation. The paper concludes that a three-pronged approach would be ideal to target each key perspective included: chemistry, business, government. The approaches include confirming chemical research method validity, encouraging governmental regulation, and corporate accountability and enforcement. The paper …

Vol. 46, No. 2, Spring 2026: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 46, Issue 2 of the Northern Illinois Law Review

A Thumb On The Scales: How The Court Creates Presumptions To Change The Law, John Leubsdorf

Northern Illinois University Law Review

In four major recent decisions, the Supreme Court deployed the same technique: it created a presumption in favor of the result it preferred and then concluded that the losing party could not rebut that presumption. This invocation of presumptions enabled the majority to reach the result it preferred, while maintaining the appearance of balance and leaving open the possibility of different rulings in future cases. The asserted grounds for erecting the Court’s presumptions-notably history and governmental structure-likewise combined the appearance of objectivity with the reality of choice. Judicial presumptions are not new, but the current Court deploys them on a …

From Taboo To Treatment: A Trip Through A State-Based Roadmap To Psychedelic Rescheduling, Logan P. Doughty

Northern Illinois University Law Review

Psychedelics, a class of psychoactive substances that profoundly alter perception, mood, and cognition, show significant promise as a treatment option for mental health conditions such as depression, anxiety, and post-traumatic stress disorder. However, under the current regulatory framework of the Controlled Substances Act, these substances remain classified as Schedule I, the most restrictive category of federal control. This classification has made research and clinical access nearly impossible, largely due to the Drug Enforcement Administration’s insistence on randomized control trial evidence to satisfy the evidentiary standard of “currently accepted medical use” (CAMU). This evidentiary burden reflects more than a veneer of …

Vol. 16, No. 1, Spring 2026: Table Of Contents, Northern Illinois University Law Review

Northern Illinois Law Review Supplement

No abstract provided.

Are They Really Safe? The Impact Of The Safe-T Act On Victims Of Crimes, Brianna Reed

Northern Illinois Law Review Supplement

Within the past few years, Illinois has gone through a bail reform that has changed how a defendant’s pretrial custody status is determined. This reform has negatively impacted victims, resulting in more safety risks, judicial interpretation, and a decrease in resources. These issues are emerging as practitioners work with victims constantly and information becomes more available to the public. This Article, based in part on interviews with attorneys and victims’ services advocates, proposes remedies that legislators and counties can adopt to help balance the rights of defendants and victims. Some of these remedies include modifying the legislation, adopting different procedures, …

Policing Post-Overdose: Multidisciplinary Teams Are Key To Addressing Illinois’S Opioid Crisis, Natalie B. Thirtle

Northern Illinois Law Review Supplement

The opioid epidemic remains one of Illinois’s most pressing public health and safety crises, with thousands of overdoses reported annually. Illinois’s current State Overdose Action Plan (SOAP) relies on law enforcement to administer naloxone and refer people who use drugs (PWUD) to treatment. Yet, there is research that indicates Illinois police are opposed to these responsibilities due to personal bias, workplace culture, and a lack of training in the science of drug addiction. Some advocates call for decriminalization of drug use, pointing to models in Portugal, Oregon, and California. However, these approaches have struggled in the United States due to …

Mischaracterizing Officer Self-Defense Doctrine In Use Of Force Cases Will Have Catastrophic Effects On Fourth Amendment Analysis, Caleb Sook Yoon

Northern Illinois Law Review Supplement

As raised in Barnes v. Felix, the moment of threat doctrine was coined by the Fifth Circuit’s majority and concurring opinions written by Judge Higginbotham as being a test that only looks to the preceding moments that led to officers’ use of deadly force. This is a mischaracterization of the officer self-defense doctrine under the “totality of the circumstances” test established by Graham v. Connor when evaluating police use of force. Unfortunately, this mischaracterization has been reinforced by SCOTUS during oral arguments and through SCOTUS’s ruling. As the Supreme Court has remanded the case back to the district courts, this …

Reclaiming Fiduciary Duty: Esg, Wall Street Fee Minimalism, And The Case For Pension Divestment, Thomas Murray, R. Alexander Acosta

SMU Law Review Forum

This Article examines two forces that have distorted the fiduciary obligations of American pension trustees: (1) ESG activism by the dominant index fund managers and (2) the fee-minimalism argument those same managers have deployed to discourage divestment. Part I establishes the legal architecture of fiduciary duty under ERISA and trust law, centering on the independent duties of loyalty and prudence. Part II traces the history of how ESG considerations migrated from the periphery of investment practice to institutional orthodoxy through the influence of investment consultants, global coalitions, and Department of Labor subregulatory guidance. Part III documents how ESG stewardship by …

The Law Of Healthcare Administration, 11th Ed., Sallie Sanford, J. Stuart Showalter

Books

The Law of Healthcare Administration, 11th Edition,aims to provide future healthcare leaders with the most accurate, engaging, and practical guide to this complex area of law. Its extensively revised 15 chapters include coverage of the American legal system, medical malpractice law, tax exempt standards, fraud and abuse investigations, abortion regulation, healthcare initiatives undertaken by the second Trump administration, and more.  Its new case law examples involve not only hospitals and physicians but also other institutional providers (such as community health centers and nursing homes) and individual allied health professionals (such as pharmacists and nurse practitioners).

Marketing The Library: Engaging Law Students With Dynamic Displays, Lisa A. Gooden, Ariel Newman

Faculty Works

Academic law libraries increasingly serve as dynamic, student-centered spaces that extend beyond traditional collections. This article explores practical and creative approaches to marketing library resources through engaging, low-cost displays and interactive experiences. Drawing on initiatives at the University of Missouri–Kansas City School of Law Library, the authors highlight strategies for introducing students to multiple formats of legal study aids, promoting faculty scholarship through institutional repositories, and fostering a welcoming library environment with interactive and frequently refreshed displays. Examples include multimodal displays that integrate print and digital resources, the use of QR codes and design tools to showcase faculty research, and …

Is Hipaa Still Protecting Your Medical Data? An Analysis Of Deidentification As A Security Measure In The Age Of Ai., Jessica Novak

The University of New Hampshire Law Review

Artificial Intelligence is rapidly altering the landscape of many industries, and for some, faster than the law can necessarily keep up, leaving those industries unprotected from AI-related concerns. For the healthcare industry in particular, the integration of AI presents large-scale data privacy concerns. The current law protecting patient data privacy, the Health Insurance Portability and Accountability Act (“HIPAA”), is potentially already outdated and inadequate; concerns about HIPAA’s efficacy have long-existed and AI’s integration has only solidified this concern. It is potentially inadequate because of a provision within the law itself-deidentification. HIPAA allows healthcare providers to remove identifying information from a …

"Smart" Cities And Due Care With Emerging Technologies, Anthony J. Luppino

The University of New Hampshire Law Review

The rapid development of increasingly powerful technologies presents new opportunities to produce public benefits, as exemplified by the “Smart Cities” movement. Conversely, emerging technologies pose significant threats to public safety and individual rights, as evidenced by high-profile cyberattacks and other technology-related incidents, and in warnings issued by some Artificial Intelligence experts. This article examines the responsibilities of local governments in the United States as users of technology and as regulators of uses by other actors—arguing that they have a duty of care, traceable to the Preamble to the U.S. Constitution, to act diligently in that dual role whether or not …

A Case With Bite: Royal Canin U.S.A., Inc. V. Wullschleger And The Updated Removal Jurisdiction Landscape, Nicholas G. Glover

The University of New Hampshire Law Review

Subject-matter jurisdiction is critical to every case, small or large.  Establishing the court’s authority to adjudicate a present matter is tantamount to every case and for every judge.  Despite the importance of properly entering and remaining in federal courts, civil procedure cases often receive far less fanfare than most others before the Supreme Court.  Such was the case last term in Royal Canin U.S.A., Inc. v. Wullschleger, an overlooked case which silently reshaped removal jurisdiction jurisprudence. This Article details the importance of this quiet case.  Through outlining entry into federal courts, introducing and reviewing the Eighth Circuit’s outlier—but correct—opinion …

The Fourth Amendment And Geofence Warrants: Safeguarding Geofencing's Constitutionality Through Particularity And Reasonableness, Mathias Lang

The University of New Hampshire Law Review

Geofencing, a location-based investigative technique that uses digital mapping to identify individuals within a defined geographic area, has become an increasingly common yet constitutionally contentious tool for law enforcement. Federal courts remain deeply divided on whether geofence warrants comport with the Fourth Amendment. The Fifth Circuit has held that such warrants constitute unconstitutional general warrants, while the Fourth Circuit has concluded that they do not even amount to searches under the third-party doctrine. This circuit split exposes a broader tension between technological innovation and foundational constitutional privacy protections.

This Article argues that geofence warrants should be treated as searches subject …

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira Diner

The University of New Hampshire Law Review

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …