Digital Commons Network^™

Post-Approval Problems, Anjali D. Deshmukh M.D., J.D.

Utah Law Review

Sitting across from 4-year-old Jessica’s parents, I whispered the truth: the most promising drug to fight their daughter’s disease was a therapy approved for adults, not for children her age. We could estimate the dose, monitor her organs, and hope the toxicity would not outpace the benefits, but there was no high-quality clinical trial data proving it was safe for kids like her yet, despite congressional mandates. Unexpected safety issues are often identified after drugs are approved and used outside of a closely controlled clinical trial, especially in understudied populations like children, the elderly, and pregnant women. When I asked …

The Threat To Government Ethics, Richard Briffault

Faculty Scholarship

That was quite a week. Over seven days in mid-October:

• President Trump hosted a White House dinner for three dozen super-wealthy individuals and representatives of major corporations who pledged funds for his $300 million ballroom.
• The president commuted the sentence of former Congressman George Santos, who had served less than three months of an 87-month term for corruption, and canceled Santos’s obligation to pay restitution to his victims.
• The president fired, without providing a reason or giving the 30 days’ notice required by law, the Inspector General for the Export-Import Bank.
• We learned the president is demanding the Department of …

What Matters For Bar Success: Doctrinal Performance, Coursework Exposure, And First-Time Bar Passage, Jason Scott, Rob Hunter, Andrea Pals

AccessLex Institute Research

This study examines how enrollment and academic performance in doctrinal law courses relate to first-time bar passage. Drawing on a large, multi-institutional data set, we estimate the associations between doctrinal GPA, course completion, credit accumulation, and first-time bar passage using regression adjustment and doubly robust methods designed to reduce selection bias. Across all models, performance in doctrinal coursework emerges as the strongest and most consistent predictor of first-time bar passage, far outweighing the influence of credit accumulation or course completion. Although greater exposure to doctrinal and skills-based coursework is positively associated with bar passage, these effects are comparatively modest, reinforcing …

Decolonial Human Rights Practice: Tactics, Obstacles, And Futures, Sarah Knuckey, Anjli Parrin, Gulika Reddy

Faculty Books

Human rights advocacy takes place within a deeply unequal world. As activists seek to protect rights, they struggle against the global economic and political power imbalances that drive violations. Movements for human rights are engaged in an internal struggle as well: against a human rights ecosystem that has long favored Global North organizations at the expense of civil society in the Global South. Decolonial Human Rights Practice: Tactics, Obstacles, and Futures explores the ongoing struggle of human rights organizations to confront and dismantle the coloniality of human rights advocacy.

Through a granular study of everyday advocacy practice which builds upon …

A Sign Of Our Times: Cities, Protest And Public Space, Susan Drucker

Proceedings of the New York State Communication Association

The U.S. is a country born out of protest, a nation which enshrined in its Constitution the right to assemble and petition the government, which includes the right to protest peacefully. Cities are spatial media and the site of much current contentiousness and controversy in the Trump administration’s America.  Cities can be symbols of protest such as sanctuary cities. Appropriation of everyday urban spaces and activities has been key to opposition politics. City streets have historically been the site of sign toting protesters watched o masked members of U.S. Immigration and Customs Enforcement (ICE). This paper explores the historical and …

Prosecutorial Guidance And Non-Prosecution Policies: A Pragmatic Path Forward For Ai In Legal Services, Jessica Bednarz, Ericka Byram, Kelli M. Raker, Jeff Ward

Duke Center on Law & Technology

No abstract provided.

Analysis Of The Impacts Of Propositions 41 And 42 On California Public Finance, David Gamage, Brian D. Galle, Darien Shanske

Faculty Publications

This memorandum discusses the possible collateral damage that Propositions 41 and 42 (on the ballot in California on November 3, 2026) might cause.  The two propositions were concocted very quickly by billionaires in order to trick voters that will vote for Proposition 40 (the billionaire tax) also to vote for these propositions that are designed to undermine the billionaire tax.

The basic trick is that these propositions have plausible seeming veneers but hide a poison pill that aims to frustrate the functioning of the billionaire tax.  The veneers are “plausible seeming” because they address problems that are not problems.  For …

Status Quo Bias Dalam Reformasi Hukum Acara Pidana Di Indonesia: Kegagalan Penguatan Pengawasan Pengadilan (Judicial Scrutiny) Yang Lebih Optimal, Choky Risda Ramadhan, Abni Nur Aini, Dheliana Khairunisa

The Indonesian Journal of Socio-Legal Studies

Pretrial proceedings (Praperadilan), as a form of judicial scrutiny, function as a control mechanism over the actions of law enforcement officials to prevent abuses of power. This mechanism was introduced in the 1981 Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) and re-regulated in the 2025 KUHAP. However, numerous studies and focus group discussion with legal scholars and law enforcement officers have documented structural weaknesses in Praperadilan, prompting calls to reform judicial scrutiny in order to more effectively limit law enforcement authority and protect the human rights of individuals involved in criminal proceedings. During the Reform era (2004–2025), proposals …

Comparative Legal Study On Corruption In The Construction Sector: Indonesia And China, Seng Hansen, Liang Qi

The Indonesian Journal of Socio-Legal Studies

This study aims to compare the legal approaches to corruption in the construction sector in Indonesia and China. The construction sector in both countries is often fertile ground for corruption, which harms the economy and creates social inequality. This study employs a comparative legal analysis method to examine regulations, policies, and the effectiveness of law enforcement in combating corruption within the construction sector in both countries. The primary focus of this study is a comparison of applicable anti-corruption laws and the roles of law enforcement agencies, such as the Corruption Eradication Commission (KPK) in Indonesia and the Central Commission for …

Beyond Regulatory Compliance: Reorienting Indonesia's Post-Mining Governance Through Ecological Justice, Suryaningsi Suryaningsi, Rosmini Rosmini, Andi Luthfi, Muhammad Sayyidus Cakrawala

Hasanuddin Law Review

Post-mining governance in coal-producing regions is often unable to translate regulatory compliance into actual ecological recovery, as evidenced by East Kalimantan's environmental challenges. Therefore, this study aimed to examine implementation gaps in Indonesia's legal framework for reclamation and propose legal reforms grounded in ecological justice. A socio-legal method was used to integrate normative analysis, semi-structured interviews with 12 multi-level stakeholders, and comparative assessments of Australia, South Africa, and India. The results identified four critical gaps, namely discrepancies between administrative compliance and ecological outcomes, inadequate financial assurance, uncertain land transfer, and fragmented institutional oversight. This study showed that regulatory compliance without …

Patient-Centered Imaging In Dentistry, Erika Benavides Dds, Phd, Fabiana Naomi Soki, James R. Geist Dds, Ms, Angela M. Hoikka, Dds, Ms

The Journal of the Michigan Dental Association

This clinical feature discusses joint guidelines by the ADA and AAOMR for patient-centered dental radiography and cone-beam computed tomography (CBCT), emphasizing individual risk-based needs rather than routine schedules. It covers the principles of radiation safety: justification, optimization (ALARA/ALADA), and dose limitation. The article maps out specific imaging modalities recommended for caries, periodontal disease, endodontics, orthodontics, implants, and TMJ disorders. Additionally, it summarizes Michigan's administrative rules for X-ray installation shielding, equipment alignment, stable mechanical support, operator positioning, and the mandatory radiography training program requirements for dental assistants.

Inequality, Collective Power, And Democratic Renewal, Kate Andrias

Faculty Scholarship

With each passing week since this essay series commenced, American democracy has come under greater threat. Leading political scientists have concluded that the U.S. is now better described as a competitive autocracy rather than a democracy. President Trump’s recent attacks on core institutions and violations of the rule of law — from the use of violent force by ICE to the investigation of the Federal Reserve Chair and the threats involving Greenland — were unimaginable even a few months ago.

Judging Fast And Slow, Bert I. Huang

Faculty Scholarship

The federal courts serve as our first responders in conflicts over constitutional rights and the separation of powers. They are called upon to react — fast — to legal challenges to governmental actions. To avert harm before it’s too late, they may rule within weeks, days, or even hours. They have done so in recent cases about free speech, freedom of the press, election law, independent agencies, federal workers, domestic troop deployments, spending and taxation, due process, search and seizure, and more.

The trial judges and appeals courts of the federal judiciary have long been tasked with this kind of …

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Rebutting 38 False Claims About Solar, Wind, Electric Vehicles, And Battery Storage, Andrew Kieffer

Sabin Center for Climate Change Law

Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 38 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.

W&L Law Library Annual Report 2025-2026, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

Scientific Uncertainty As Political Aggression: A Manifesto For Those Who Value Science And Want To Save It From State And Corporate Control, Stephen Demeo

Publications and Research

A manifesto is an opportunity to publicly express strongly held beliefs about a topic that is personally important to an author. It is analytical as it is creative. “Scientific Uncertainty as Political Aggression” is a manifesto that intersects science and politics. It urges those interested in science to examine two different but related topics: scientific uncertainty in measurement—what it is, how it is determined, why it’s important— and the magnification of uncertainty through legal and linguistic tactics used by right-wing politicians and politically supported corporations.

For some time now, the Republican Establishment has cast excessive doubt on scientific findings through …

The Nusantara Capital City (Ikn) Relocation: Autocratic Legalism And The Marginalization Of Local Communities, Imam Syafi'i, Dian Aulia

The Indonesian Journal of Socio-Legal Studies

The first phase (2022–2024) of the Nusantara Capital City (IKN) relocation prioritizes the construction of the city's physical infrastructure under the “Nusa Rimba Raya” concept. During this phase, the massive development of supporting infrastructure, including government buildings, official residences, toll roads, ports, and the VVIP airport, has driven increased demand for materials and land, impacting areas beyond the delineation of IKN. However, the power-driven approach in the capital relocation policy has led to socio-ecological injustices for indigenous and local communities by disregarding meaningful public participation and environmental sustainability. Land acquisition through the Land Bank (Bank Tanah), which prioritizes investment, along …

Medical Liability In The Age Of Ai-Driven Healthcare: Ethical Challenges And Legal Framework Recommendations, Rani Tiyas Budiyanti, Roro Isyawati Permata Ganggi, Penggalih Mahardika Herlambang

The Indonesian Journal of Socio-Legal Studies

The integration of artificial intelligence (AI) in healthcare is progressing rapidly and is applied to various aspects of medical practice, including diagnosis, treatment planning, and patient care. However, the integration of AI in healthcare raises complex legal and ethical issues, particularly regarding medical liability. The growing development of AI technology is blurring the concepts of responsibility and accountability in medical practice. Furthermore, with AI systems becoming increasingly autonomous in their decision-making processes, it becomes increasingly difficult to determine responsibility in cases of medical errors or actions that harm patients. In view of this situation this article argues that it is …

Mengadili Kepentingan Umum: Korporatisme Pengadilan Dalam Proyek Strategis Nasional (Psn), Agung Wardana, I Kadek Sudiarsana, Yogi Paramitha Dewi

The Indonesian Journal of Socio-Legal Studies

The implementation of National Strategic Projects (NSP) often leads to conflict. Projects that are claimed to be developments in the public interest are challenged by affected communities and civil society organisations in various ways, including through litigation. However, in the legal studies literature, studies on NSP issues tend to be analysed through a normative analysis focusing on development for the public interest. The article examines court decisions concerning NSP to understand how courts provide their deliberations of the cases, a perspective that enriches knowledge about NSP. This article shows how the corporatist relationship between the executive power and the judiciary, …

When Protection Becomes Predation: Militarized Masculinity And Sexual Violence In Northeastern Nigeria, Tosin Osasona

Dignity: A Journal of Analysis of Exploitation and Violence

The study investigates the structural and situational drivers of conflict-related sexual violence (CRSV) perpetrated by state security actors in the context of Nigeria’s counterinsurgency campaigns in Borno State. Drawing on militarized masculinity and strain and deprivation theories, and using a qualitative, interpretive research design, the study argues that CRSV is not an isolated or episodic form of deviance by individual soldiers and security personnel but is embedded in routine military–civilian interactions. Advancing an interactionist explanation of CRSV in Nigeria’s Islamist counterinsurgency operations, the study demonstrates that the likelihood of sexual violence increases through the interaction of gendered institutional norms, operational …

Reforming The Mississippi Criminal Code Part V: Justification, Judith J. Johnson

MC Law Review

No abstract provided.

Invoking The Protection Of Pupil Rights Amendment ("Ppra") To Safeguard Student Privacy Rights: My Three-Year Battle To Enforce The Ppra Against An Intractable New Jersey School District, Patricia Montana

MC Law Review

No abstract provided.

Overruling Texas V. Johnson?, Natti Perelman

MC Law Review

No abstract provided.

Formalism, Finality, And The Judicial Role In Mississippi Post-Conviction Review, Joe Hemleben

MC Law Review

No abstract provided.

Ai Slop, Jessica Silbey, Woodrow Hartzog

Faculty Scholarship

The term “AI slop” has become popular to describe the output of generative AI systems seen as voluminous, low quality, or the result of little effort. When AI-generated music and videos flood platforms, they are called slop. Peer-reviewed journals and legal tribunals are drowning in low-quality and low-reliability AI slop submissions.  Employees are seen to be producing mountains of slop in their reports and communications with each other. The term has inertia and heft, and the phenomenon has significant consequences. Most of them are not good.

But the boundaries of “AI slop” and its usefulness in policy discussions are not …

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

From Humanitarian Aid To “Counterrevolution”: Foreign Assistance To Pentecostals In Soviet Ukraine And Its Criminalization By The Gpu–Nkvd, 1932–1935, Oleksandr Korotaiev

Occasional Papers on Religion in Eastern Europe

The article examines foreign assistance to Pentecostal communities in the Ukrainian SSR and the mechanisms of its criminalization by Soviet state security agencies in 1932–1935. Drawing on GPU–NKVD criminal investigation files, secret police reports, party-state documentation, personal correspondence, and memoir sources, the study reconstructs transnational channels of humanitarian support, practices of resource distribution, and the transformation of survival strategies into objects of political repression.

Particular attention is devoted to two distinct models of foreign assistance. The Odessa case demonstrates a centralized system connected to the former leadership of the All-Ukrainian Union of Christians of Evangelical Faith and transnational Pentecostal networks …

The Normative Status Of States' Obligations To Mitigate The Climate Crisis: Implications For The Right To Adequate Housing, Erna Dyah Kusumawati, Sasmini Sasmini

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

The convergence of the global climate crisis, pursuant to the UNFCCC Paris Agreement and its implementing protocols as well as the fundamental right to housing has fundamentally disrupted established legal paradigms, necessitating a rigorous re-examination of the normative status of state obligations. This paper examines the scope of governmental responsibility to mitigate climate-induced threats to housing security. Drawing upon international human rights frameworks and contemporary legal discourse, the study interrogates the complex friction emerging at the intersection of environmental mandates and housing protections. Through a systematic analysis of the existing literature and recent developments in the international climate change framework, …

Territorial Representation In Fiscal Governance: A Comparative Constitutional Analysis Of Indonesia's Regional Representative Council And South Africa's National Council Of Provinces, Endah Yuniningsih, Deden Rafi Syafiq Rabbani

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This article examines the institutional role of territorial chambers in fiscal governance through a comparative constitutional analysis of Indonesia's Regional Representative Council (DPD) and South Africa's National Council of Provinces (NCOP). While the DPD was established to strengthen regional representation following Indonesia's decentralization reforms, its legislative role in fiscal policymaking remains institutionally constrained. Existing scholarship has primarily focused on the DPD's constitutional status in debates on bicameralism, with comparatively little attention to how constitutional design shapes the role of territorial chambers in fiscal governance and intergovernmental fiscal relations. Using a normative legal research method that combines statutory, conceptual, and comparative …