Digital Commons Network^™

When The State Becomes Sacred: Civil Religion And The Limits Of Church-State Separation, Chyna Walker

Student Works

No abstract provided.

From State To Nation: A Federal Framework For Breast Cancer Primary Prevention Informed By California's Paths To Prevention, Serena Padda

Master's Projects and Capstones

The United States’ federal government should adopt a primary prevention framework for breast cancer modeled after Breast Cancer Prevention Partners’ (BCPP) Paths to Prevention: the California Breast Cancer Primary Prevention Plan. The plan focuses on systemic actions to reduce breast cancer risk through a social and racial justice lens. Breast cancer is the leading diagnosed cancer among women in the United States, with incidence rates increasing annually by 1% since 2012. Disparities persist in communities disproportionately burdened by chemical and environmental exposures, contributing to unequal and preventable risk. Current federal policy focuses primarily on secondary prevention through screenings, which does …

The People, The Branches, And The Pearl Of Independence, Brian C. Murchison

Hofstra Law Review

What will be the fate of the independent agencies? Since 1887, Congress has seen fit to address an array of contemporary issues by creating expert federal agencies, such as the Interstate Commerce Commission, the Federal Trade Commission, the National Labor Relations Board, and others. The principal officers of these agencies are appointed by the President on advice and consent of the Senate, serve limited staggered terms, are bipartisan in the sense that only a bare majority of the agency’s officers can be members of the same political party, and are “independent” in the sense that the officers are removable only …

When Lawyers Attack The Rule Of Law: The Rise Of Autocracy In America, Scott L. Cummings

Hofstra Law Review

No abstract provided.

"None Of This Is Normal": The Golden Age Of Legal Bribery, James J. Sample

Hofstra Law Review

No abstract provided.

The Morality Of Legality, Cass R. Sunstein

Hofstra Law Review

The Morality of Legality holds that it is a moral wrong, and essentially taboo, for those who work in the executive branch to act unlawfully, even if high-level officials much want to act unlawfully, even if circumstances clearly call for the action in question, and even if there is a strong public demand for the unlawful action. The Morality of Legality is less innocuous and more directive than it might seem. It is a red light; it is a conversation-stopper; it empowers law and lawyers. Those who are committed to it will not engage in unlawful action even if no …

Legislation Is Hot: Reforming The Troubled Teen Industry In California, Jaclyn Ragusa

Hofstra Law Review

No abstract provided.

Reasserting Congressional Authority In National Security In The Post-Chadha Era, Jacob Shaffer

Hofstra Law Review

No abstract provided.

Recent Canadian Immigration Reforms And Their Consequences For Migrant Children And Families’ Health: The “Globalization Of Indifference”?, Rachel Kronick, Marianne Côté-Olijnyk, Efrat Arbel

All Faculty Publications

Despite its reputation as a welcoming nation to refugees, Canada has enforced increasing restrictions on asylum, even in the face of evidence from the United States and around the world of the profound harm such restrictions cause. In this paper, we outline recent Canadian legal and policy reforms and their potential impacts on refugee health equity. Following Farmer's approach of ethnographic case narratives that aim to portray how current policy and legislation are embodied and felt in migrants' lives, we document avoidable harms to migrant children and families. Our data come from qualitative research with inadmissible asylum seekers and narrative …

Correctional Officer Suicide: A Theory-Driven Investigation Of Acquired Capability And Suicide Behavior, Abigail R. Andersen

All-Inclusive List of Electronic Theses and Dissertations

A growing body of research suggests that correctional officers (COs) die by suicide at a significantly higher rate compared to the general population and some other public safety personnel. Despite what is known about this phenomenon, an understanding of the risk factors driving the high rate of suicide among this population remains unclear. Specifically, little attention has been paid to specific risk factors for suicide among this population and there is an overall absence of theory-driven research investigating CO suicide. The present study sought to address the gap in this area of research by investigating potential risk factors for suicide …

Results Without Reasons, Margaret H. Lemos

Vanderbilt Law Review

Modern theories of precedent assume a connection between the outcome of a case and the reasons that support it. A case stands as precedent not (only) for its result but for its ratio decidendi, the rationale on which the decision is based. But what happens when there is no such rationale—when a multimember court issues a decision without majority agreement on the reasons? In the Supreme Court, such cases are governed by Marks v. United States, which instructs lower courts to find the Court’s holding in the position of the Justice(s) who “concurred in the judgments on the …

The Normative Canons Of Criminal Law, Brian G. Slocum

Vanderbilt Law Review

The rule of lenity is an ancient maxim directing that ambiguities in criminal statutes be interpreted in favor of defendants. Courts rarely rely on the rule of lenity, though, and its future is currently being debated. Justice Kavanaugh argues for its elimination, even as Justice Gorsuch argues for it to be strengthened. Most commentators agree with Justice Gorsuch, typically advocating that the rule of lenity be made more powerful. This Article argues for a different approach: The rule of lenity can be strengthened by limiting it to resolving linguistic ambiguity. 

This Article explains why the rule of lenity plays an …

Weird Cops (Agency Police), Farhang Heydari

Vanderbilt Law Review

The police badge has migrated deep into the administrative state. Parks, schools, transit, housing, revenue, conservation, insurance, and gaming agencies now field tens of thousands of sworn “Agency Police”—often with full arrest powers despite missions far removed from general public safety. The footprint of these officers is significant and expanding, outpacing the growth of traditional law enforcement. Far from being limited to certain communities, Agency Police attract support across the political spectrum, from law-and-order policymakers to reformers. And yet, Agency Police are largely ignored in legal scholarship. The result is that a large slice of U.S. criminal enforcement is poorly …

A Century Of Complexity: Reassessing Jurisdictional Veil Piercing In Light Of Modern Corporate Structures, Dominic Steve Brown

Vanderbilt Law Review

Modern corporate enterprises frequently operate through intricate networks of layered subsidiaries, yet courts continue to rely on a rigid and outdated presumption of corporate separateness rooted in a decision predating the current personal jurisdiction regime. In the context of jurisdictional veil piercing, this presumption of separateness has produced doctrinal confusion, inconsistent outcomes, and underenforcement against parent corporations that frequently control, and profit from, forum-based activities carried out by subsidiaries.

This Note argues that the prevailing approach, involving the importation of substantive corporate law doctrines into the jurisdictional analysis, contravenes both modern personal jurisdiction doctrine and contemporary corporate practice. Drawing on …

The End Of Unmeasured Exploitation: How A.S.M., C.A.S., And S.I.A. Challenge Digital Attention Capitalism, Delante Clark

Graduate Scholarship and Creative Works

Digital attention capitalism generates value through the capture and monetization of human attention, yet it has historically lacked standardized mechanisms for measuring attention-related harm. This paper argues that the Attention Safeguard Models (A.S.M.), Cognitive Attentional Standards (C.A.S.), and Sociological Impact Assessment (S.I.A.) collectively challenge this system by introducing an integrated framework for classifying, measuring, and evaluating digital attention harm and its societal consequences. C.A.S. provides standardized measurement of digital attention harm, A.S.M. identifies and classifies patterns of attentional disruption and manipulation, and S.I.A. evaluates broader impacts on institutions, communities, civic engagement, education, social cohesion, and inequality. Together, these systems transform …

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Digital Media And Its Effect On Domestic And International Copyright, Jasmine Martin

Latin American & Caribbean Law Review

This article explores the history of modern copyright law and identifies the pitfalls of a legal framework built around physical media, such as the doctrines of first sale and fair use. As markets have shifted to digital distribution, these doctrines have been weakened or displaced by licensing regimes that redefine ownership as limited access. The article argues that this transition has systematically eroded consumer rights, allowing copyright holders to impose restrictions through contracts and technological controls that bypass traditional protections.

Lessons From The Fall Of The Roman Empire: The Patent Law Edition, Emma Masters

Latin American & Caribbean Law Review

This article examines the crises threatening the U.S. Patent System through the historical lens of the fall of the Roman Empire, arguing that a loss of predictability and the hollowing out of property rights threaten to dismantle American innovation. Drawing parallels between the Roman Empire’s economic decay and modern legal trends, this piece explores how costly litigation—often surpassing millions of dollars—and the rise of “efficient infringement” among other troubling phenomena, act as a “tax” on innovation that disproportionately stifles small and medium-sized enterprises (SMEs). The U.S Patent System’s original purpose of incentivizing innovation is being compromised by patent thickets, a …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Invisible Empires: Transnational Illicit Trade & The Global Threat To Law And Justice, Víctor Hugo Guerra Hernández

Latin American & Caribbean Law Review

Transnational illicit trade has evolved beyond the mere economic and individual concerns of public or private sectors isolated. It now poses a profound threat to the integrity of democratic institutions, the rule of law, and global justice systems. This article explores the intricate links between illicit international trade and transnational organized crime within the concepts of a postmodern State. The article demonstrates how these criminal and clandestine networks undermine state sovereignty, fuel corruption and international briberies, and erode public trust. By analyzing the legal, political, and socio-economic dimensions of illicit markets, from old fashioned contraband activities to modern trafficking of …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Fiscal Sustainability And The Courts In Colombia, Eleonora Lozano-Rodríguez

Latin American & Caribbean Law Review

This text offers a theoretical and conceptual approach to fiscal sustainability and to the mechanism of fiscal impact review. It also examines specific judicial cases where fiscal sustainability and/or fiscal impact review have been applied in areas such as social security, victims of the Colombian internal armed conflict, community mothers, and taxation. The article concludes that the difficult dialogue between law and economics has improved, though legal nuances still need clarification, and economic advantages or disadvantages remain to be measured. At times, the guarantee of rights prevailed (for example, compensation for Black, Afro-Colombian, Raizal, and Palenquero communities, as well as …

A Sociolegal Explanation Of The Judicial Reform In Mexico, Alberto Abad Suárez Ávila

Latin American & Caribbean Law Review

This paper aims to offer a socio legal explanation for Mexico’s ongoing judicial reform, which shifts from a civil career paradigm for appointing judges to a popular election model. Most scholars have explained the reform mainly because of populism and constitutional authoritarianism. They focus on the political and normative factors. I would like to broaden the perspective: using a sociolegal approach, I consider other relevant factors, including some economic context as well as cultural aspects, to provide a more comprehensive explanation of the phenomenon.

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Illegal And Informal Mining And The Violation Of Fundamental Rights: The Peruvian Case, Carla Mares Ruíz

Latin American & Caribbean Law Review

This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal …

Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights, Pedro Rubim Borges Fortes

Latin American & Caribbean Law Review

This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence …

Foreword, Latin American & Caribbean Law Review

Latin American & Caribbean Law Review

No abstract provided.