Digital Commons Network^™

Property In The Short Twentieth Century, Fernando Atria

Texas A&M Journal of Property Law

This article examines the evolution of property law in the "short twentieth century," focusing on the shift from a classical, unified, and individualistic concept of property toward one defined by its "social function." Drawing on Anna di Robilant's historical analysis and legal developments in Chile, the article discusses three interrelated strands of the social critique of property: the doctrine of abuse of right, the concept of the social function of property, and the pluralist ("tree-like") model of property regimes. It contrasts the Will Theory and Interest Theory of rights to clarify the nature of "fractured rights," where legal powers may …

Lessons From The Making Of Modern Property: Reinventing Roman Law In Europe And Its Peripheries, 1789–1950, Laura S. Underkuffler

Texas A&M Journal of Property Law

This article examines the evolution and reinvention of Roman law concepts in shaping modern property law across Europe and its peripheries between 1789 and 1950. Focusing on Anna di Robilant’s analysis, it explores how nineteenth-century jurists utilized the ideal of dominium—property as an individual’s absolute entitlement—to respond to the social and economic upheavals of the era. While this model emphasized personal autonomy, freedom, and equality, it was inherently in tension with the demands of collective needs and societal change. The article discusses the practical and philosophical clashes between dominium and the social function of property, tracing the historical debates and …

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Texas A&M Journal of Property Law

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

Cbdcs Vs Decentralized Currencies: Considerations For 21st Century Global Financial Challenges, Andrew Michael Sobhy, Shuai Wang

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As digital currencies gain prominence in everyday life, policymakers in the United States at the federal, state, and local levels debate the potential for innovation, surveillance, global relations, and a plethora of areas that concern citizens. While existing literature highlights the opportunities and pitfalls within this new digital age, including inclusivity and challenges to traditional banking, this study aims to contribute a quantitative approach to the discussion utilizing Federal Reserve data, studies from financial institutions, and various credible resources that hold a stake. Specifically, comparing novel Central Bank Digital Currency (CBDCs) and Decentralized Financial Currencies (DeFi) will provide a foundation …

Ethics Of Artificial Intelligence For Lawyers: Resistance Is Futile: Candor, Supervision, And Fees, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines …

Ethics Of Artificial Intelligence For Lawyers: You Will Be Assimilated: Best Practices For Lawyers Using Artificial Intelligence, Cliff Mckinney

Arkansas Law Notes

In Star Trek: The Next Generation, the Borg, a species augmented with artificial intelligence, give a chilling ultimatum to every civilization they encounter: “You will be assimilated.” The warning is terrifying because it suggests not destruction, but absorption with the loss of independence to a relentless collective.

For lawyers, the rise of artificial intelligence carries a similar threat of assimilation. Artificial intelligence is already entering law practice, whether lawyers welcome it or not. The real question is not if lawyers will be assimilated into a future integrated with artificial intelligence, but how they will use these tools without sacrificing judgment, …

Reimagining Graphical Representation: A Case Comment On The Registration Of India’S First Scent Trademark, Siddhant Shinde

Indian Journal of Law and Technology

This case comment analyses the Trade Marks Registry’s decision of permitting the registration of India’s first scent trademark, filed by Sumitomo Rubber Industries Ltd. for a “smell reminiscent of roses as applied to tyres”. This decision raises a key question concerning the graphical representation requirement under the Trade Marks Act, 1999. While the Registry accepted a seven-dimensional scientific vector model of the scent as sufficient graphical representation, the Order offers little engagement with the legal reasoning required to support such a departure from conventional understandings of graphical representation. Thus, this case comment attempts to doctrinally justify such an interpretive expansion …

Am I Walking Straight? Gait, The New Frontier Of Biometric Identification, Ruhi Anand Finn

Women+ in Early Career Research Symposium

Extended Reality (XR) is an umbrella term that integrates Virtual, Mixed and Augmented Realities. Each modality presents new forms of digital experiences, offering unique opportunities, benefits and risks. Additionally, newer iterations of XR leverage Artificial Intelligence (AI) to enhance numerous applications. This enhancemen is sustained through new levels and contexts of data capture, including continuous biometric data collection (gaze, face and gait) and incidental bystander capture. This paper investigates the implications of XR technologies on data privacy, and the need for considerations of collective social privacy. The paper argues that, given the very narrow definition and categorization of biometric data …

Capital Punishment And Domestic Terrorism: Reconsidering Domestic Terrorism As An Aggravating Factor, Josh B. Starner

Criminal Law Society Blog

Federal law permits the death penalty when an individual commits an offense after substantial planning to cause death or commit terrorism. Yet the ambiguity surrounding the term “terrorism,” particularly in domestic contexts, complicates the application of the federal statute. This Article argues that invoking the terrorism aggravating factor in domestic cases undermines the justifications for capital punishment and risks inconsistent enforcement. Drawing on recent examples, including the prosecution of Luigi Mangione and the deaths of Renee Good and Alex Pretti by ICE officials, this Article illustrates how the “domestic terrorist” label can cause harsh prosecutorial discretion, intensify political polarization, and …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.

Strategic Rivalries: How Are They Won?, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This article argues strategic rivalries—distinct from general strategic competition—are best understood as contests in which states prioritize weakening a specific opponent’s capacity to compete. It departs from existing work by critiquing the Joint Concept for Competing’s narrow definition and by emphasizing rivalry termination as a central but understudied dimension. Drawing on decades of international relations scholarship and historical datasets of interstate rivalries since 1815, the article analyzes how rivalries end and identifies strategic preclusion as a proactive approach for winning them. Its insights offer policy and military practitioners guidance for shaping competitive strategies short of war.

Asarco Delenda Est, John M. Greabe

Law Faculty Scholarship

ASARCO Inc. v. Kadish is the most important Supreme Court decision addressing the adjudication in state courts of federal claims that Article III’s case-or-controversy requirements would bar lower federal courts from hearing. But there are two serious problems with the reasoning of ASARCO: one involving an error of omission and the other an error of commission. ASARCO’s error of omission is its apparent assumption that a party barred from asserting a federal claim in federal court because of a lack of redressable Article III injury caused by the conduct complained of should face no barriers to obtaining relief on the …

Parameters Spring 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Approaching The Military As A Profession Through The Clausewitzian Trinity, Adam T. Biggs

The US Army War College Quarterly: Parameters

The Clausewitzian trinity (people, government, and military—or passion, reason, and chance) can enhance existing scholarship and discussions about military professionalism by emphasizing the fundamental purpose of military forces. Specifically, managing chance incorporates elements of reducing uncertainty and applying creativity as individuals develop coup d’oeil. Junior personnel manage chance by reducing cognitive load while enhancing cognitive skills needed to quickly assess battlefield conditions as they progress to becoming senior leaders. This article contrasts these ideas against the various roles assigned to civil-military forces in the Clausewitzian trinity to emphasize professionalism in developing military leaders.

Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski

The US Army War College Quarterly: Parameters

Carl von Clausewitz’s trinity represents a qualitative test for strategy in both theory and practice. With the trinity, Clausewitz transforms competing influences into a mark of theoretical quality. Synthesizing several translations of Clausewitz’s On War and interpretations by experts such as Hew Strachan, Antulio J. Echevarria II, and Frank G. Hoffman, this article suggests that Clausewitz believed that good theory encompasses and accounts for all fundamental forces of war, whereas bad theory emphasizes the extremes of one force. The trinity compels mandatory considerations for students of theory, war planners, and practitioners.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch

The US Army War College Quarterly: Parameters

This article details the East German military’s extensive, innovative covert-propaganda program, which was designed to influence West German attitudes for almost two decades during the Cold War. Unlike existing scholarship that primarily addresses intelligence-led disinformation, this study exclusively analyzes military-led information warfare. The article uses previously classified East German military records to examine capabilities and tactics ranging from fake conscription notices to radio broadcasts. The findings offer contemporary US military planners and practitioners insight into the complexities of integrating information-warfare capabilities, measuring the effectiveness of propaganda, and understanding adversarial influence campaigns, with direct implications for current Joint Force planning and …

Imitating Us Doctrine Cost Europe Its Heavy Combat Power, Bence Nemeth

The US Army War College Quarterly: Parameters

This article argues that Europe’s loss of heavy combat power is primarily the result of doctrinal shifts influenced by the United States, rather than underfunding alone. Unlike existing research that focuses on defense budgets or burden-sharing, this study isolates the opportunity costs of adopting US-based expeditionary and counterinsurgency doctrines. Using force structure data for Canada, Germany, and the United Kingdom (1990–2022), it conducts a counterfactual analysis of lost tanks, infantry fighting vehicles, and heavy artillery pieces. The article shows that Europe’s shortfalls are doctrinal as much as fiscal and highlights the relevance of maintaining balance in future doctrinal choices.

Cardozo Law News Brief: March 6, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 6, 2026, Cardozo Law News Brief include:

• Professor Rebecca Ingber published a piece in Just Security analyzing the legality of President Trump’s military actions against Iran and was also quoted in The New York Times and Al Jazeera on issues of international law.

• Professor Michael Pollack authored an op-ed in the New York Daily News on the future of New York City’s sidewalk dining program and spoke to The New York Times about congestion pricing being upheld in court.

• Professor Tyson-Lord Gray wrote an op-ed in The Hill examining legal challenges to new SNAP food restrictions …

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Peranan Badan-Badan Usaha Negara Di Indonesia, Andjar Pachta W.

Jurnal Hukum & Pembangunan

Abstract

Kearah Undang-Undang Perseroan Yang Baru, Suatu Sumbangan Pikiran, Jusuf Anwar, Felik Oentoeng Soebagjo

Jurnal Hukum & Pembangunan

Abstract

Kennelly V. Mid Coast And The Maine Law Court's Erroneous Ruling On The Discoverability Of Redacted Patient Info, John Blegen

Student Journal of Information Privacy Law

This paper examines a recent Maine Law Court decision, Kennelly v. Mid Coast, in which the Law Court held that the medical records of individuals not involved in a lawsuit, even when redacted of identifying materials, are protected from discovery orders in a malpractice lawsuit, where the records would be used to demonstrate a standard of care to be expected of the administering doctor. It then examines the privacy interests individuals retain in their redacted healthcare records more broadly, in part to emphasize the large variety of contexts in which this issue can come up, and also to show how …

Friend Or Tether: How Regulation Can Cut The Strings Of Manipulative Chatbots, Steve Hammerton

Student Journal of Information Privacy Law

In the time since AI chatbots and other LLMs became widely available to the public, there has been a pattern of deaths linked to interactions with this technology. While it was settled in early 2026, Garcia v. Character Technologies serves as a case study of how AI chatbots can negatively prey on vulnerable groups in the absence of interventions to mitigate harmful AI behaviors and tragic human outcomes. There is not a singular approach to regulating the harmful effects of predatory chatbots; however, this paper advocates for a harms-based regime influenced by protections in human-subject research. In a sense, AI …

Civil Rights And The Edtech Revolution, Kirsten Mettler

Student Journal of Information Privacy Law

Education technology (EdTech) products, like grading software and plagiarism detectors, have increasingly led to concerns over discrimination issues in schools. While, in some instances, schools can be held liable under the federal education civil rights statutes for these harms, that solution is insufficient. EdTech companies should themselves be held responsible. EdTech companies have not historically been understood to fall under these federal statutes, but this Article argues these companies can appropriately be governed by these laws as “recipients” of federal financial assistance. Most EdTech companies should qualify as “recipients” of federal financial assistance under one of three theories: they are …

Preliminary Injunctions And The 2025 Montana Legislature's (Mostly Unsuccessful) Attempt To Reshape The Judiciary, Anna Conley

Montana Law Review

No abstract provided.

Vegas Aqua, Llc Vs. Jupitor Corp., 142 Nev. Adv. Op. 21 (Mar. 05, 2026), Miranda Romero

Nevada Supreme Court Summaries

The plain language of Nevada Short Trial Rules (NSTR) Rule 3(d) requires a district court judge to adjudicate objections to proposed judgments rather than a short trial judge, and public policy requires adjudication of any proposed NRCP 59 motions.

Significant Montana Cases, Noah Durnell, Rachael Dean

Montana Law Review

No abstract provided.

Enforcing The Community Reinvestment Act, Jeremy C. Kress, Jeffery Y. Zhang

Law & Economics Working Papers

Nearly fifty years after the Community Reinvestment Act of 1977 (CRA) required banks to serve low- and moderate-income (LMI) areas, the systematic exclusion of disadvantaged communities from the mainstream financial system persists. This Article identifies a novel explanation for the CRA's limited impact: its enforcement mechanisms are ineffective.The CRA operates through two enforcement channels. Regulators must (1) consider a bank's CRA record when the bank seeks permission to merge or expand, and (2) publish periodic assessments of each bank's CRA performance. Using twenty years of CRA data, we show that neither enforcement mechanism works as intended. Banks strategically increase CRA …

Judicial Independence As A Constitutional Commitment In Montana, John Carr

Montana Law Review

No abstract provided.

The End Of Peremptory Strikes?: Free Exercise And Religion-Based Batson Challenges, Jeremy Ross

Montana Law Review

No abstract provided.