Digital Commons Network^™

A Sherbert Colored Lens: Apache Stronghold And The Uphill Battle For The Recognition Of A Substantial Burden For Indigenous Plaintiffs, Emma P. Collins

Kentucky Law Journal

No abstract provided.

Enforcement Mechanisms For Supreme Court Ethics Codes: Applying State Models To Scotus, Katherine Nipper

Kentucky Law Journal

No abstract provided.

Hope In The Holler: How Eminent Domain Can Bring Economic Justice To Central Appalachia, Matthew B. Chaney

Kentucky Law Journal

No abstract provided.

History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter

Kentucky Law Journal

No abstract provided.

The Birth Of Creditor Qualified Immunity, Daniel M. Tavera

Kentucky Law Journal

No abstract provided.

States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner

Kentucky Law Journal

No abstract provided.

Much Ado About Nothing: The Effect Of The "Nullity Rule" On Purported Pro Se Litigants In Federal Court, John T. Lambert

Kentucky Law Journal

No abstract provided.

Consumer Bankruptcy: A "Gem" Of The Legal Profession But A Diamond In The Rough, Tori Harris

Kentucky Law Journal

No abstract provided.

Arbitration Clause Expansion, Hossein Fazilatfar

Kentucky Law Journal

No abstract provided.

The New Parens Patriae, Meredith Johnson Harbach

Kentucky Law Journal

No abstract provided.

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.

Competition For All? The Ftc’S Ban On Non-Competes And The More Effective Route In Promoting Competition, Aniqah Nashiat

St. John's Law Review

(Excerpt)

Employment contracts have historically included non-compete agreements, which are restrictive covenants forbidding employees from working “for competitors of their former employer for a certain period of time and over a defined geographic area.” American jurisprudence has always left enforcement of these non-competes to states. In the federal government, Congress has never successfully passed legislation on the per se illegality of non-competes. Instead, President Joe Biden signed an executive order in 2021 aimed at promoting the interests of American workers because companies requiring them to sign non-competes restricted their ability to change jobs. Biden explained that strengthening antitrust laws would …

The Minority Report: When Should Publicly Traded Corporations Be Required To Disclose Material Information To Its Shareholders Under Item 303?, Alicia Mayo

St. John's Law Review

(Excerpt)

Due to the social distancing mandate during the COVID-19 pandemic, the demand for cloud-based platforms conducting virtual meetings grew drastically. ON24, a cloud-based digital platform that provides interactive webinars, virtual events, and multimedia content experiences, was one of the companies that experienced “explosive growth.” ON24’s customers increased from 760 customers to 1,900 from December 31, 2015 to September 30, 2020, and its revenue increased by fifty-nine percent from the previous year. ON24’s annual recurring revenue is driven by the company’s ability to acquire new customers while maintaining and expanding its existing client relationships. On February 3, 2021, ON24 commenced …

Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity, Maria Kaganis

St. John's Law Review

(Excerpt)

Imagine it is November 2023, and you log onto Spotify to stream your favorite music. As you do, you notice you now have access to up to fifteen hours of the most popular audiobooks. You really enjoy the addition of audiobooks to Spotify and have used the new feature for months. Come March of 2024, however, you get an email stating that Spotify will be introducing a . . . music-audiobook bundle as part of your current subscription? Is that not what you already had? Shrugging it off, you move on and continue enjoying your music, audiobooks, and podcasts …

Closing Symposium Remarks: Reflections On A Legacy That Endures, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

I am back again, but this time, to give my closing remarks and to reflect on this extraordinary day. I think that is a fitting word for it. I want to take a moment to reflect on our experience together and to celebrate the enduring power and purpose of scholarship at St. John’s Law. This has been a wonderful opportunity to hear from our faculty, to engage with one another, and to witness the profound ways in which scholarship shapes the law, the academy, and society.

Cross-Talk, The Honorable Raymond J. Lohier, John Q. Barrett, Noa Ben-Asher, Margaret E. Mcguinness, Mark L. Movsesian, Michael A. Perino

St. John's Law Review

(Excerpt)

You know what is interesting? This has been on my mind for a long time as my law clerk, Colin, knows. What you have all described in different ways, maybe with the exception of the religious rights case, but I will get to that, is a Supreme Court that either is, or perceives itself to be, unchecked by Congress and at times unchecked by the President, largely for reasons that we can discuss.

Private Securities Enforcement And The Roberts Court, Michael A. Perino

St. John's Law Review

(Excerpt)

Thank you, Judge Lohier, thank you Professor Subotnik, and thank you to everyone who put this scholarship symposium together. I am acutely aware that I am the last panelist, on the last panel, on Friday afternoon, and so, I am going to try my best to keep my comments to the allotted ten minutes.

It is important to keep two key points in mind if we are going to talk about the Roberts Court’s approach to private securities enforcement. First, the Roberts Court contains no securities experts. In fact, except for Lewis F. Powell Jr. and William O. Douglas, …

Some Brief Thoughts On The Ten Commandments In The Schools, Mark L. Movsesian

St. John's Law Review

(Excerpt)

Thank you, Judge, and I want to thank Eva for inviting me to participate and all of you for being here this afternoon.

My area of scholarly expertise is the Religion Clauses of the First Amendment. That is what I write about. So far, the Supreme Court has not taken any cases on the Religion Clauses this term, which is a little unusual. The Court has decided several important cases in this area in the last decade or so, and maybe the Court has decided to take a break this term. We will see.

But some important church-and-state issues …

Change And Continuity: Foreign Affairs And Procedure At The Supreme Court 2024–25, Margaret E. Mcguinness

St. John's Law Review

(Excerpt)

The 100th anniversary of the founding of the Law School is a wonderful occasion to discuss how research and teaching form us as professors within the St. John’s community. I teach, research, and write about international law, international human rights, diplomacy, and the ways in which international law becomes law in the United States. I also teach civil procedure and international litigation. These two strands of my work allow me to think about the complex interplay between international law and domestic court procedure. I also have professional experience in each of these areas: First, as a career diplomat for …

Respecting Who Legislates: Congresses And Presidents, John Q. Barrett

St. John's Law Review

(Excerpt)

Under the United States Constitution, who legislates? The Constitution says, in plain words, that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” So people who know the Constitution tend to say that “Congress” legislates.

There are two problems with that answer. The first is rhetorical: that summary answer is too disembodied. “Congress,” when it passes a bill, in fact, is many, typically highly respectable, elected Senators and Representatives. At minimum, 269 people—fifty-one Senators (or fifty Senators plus one Vice President of the …

On Being A Scholar And A Teacher In Polarized Times, Michael A. Simons

St. John's Law Review

(Excerpt)

There’s an old expression, sometimes attributed to a Chinese curse, that says “May you live in interesting times.” That expression is very much in the air these days. One hundred years after the founding of our law school, it feels like we are in not just “interesting” but unprecedented times.

Perhaps every era feels unprecedented, but right now our country seems acutely polarized, our legal system seems to be under great stress, and fundamental assumptions we’ve held about the Rule of Law seem to be eroding. And then, to add to that, the assassination of Charlie Kirk and the …

Opening Symposium Remarks: Celebrating 100 Years Of Scholarly Impact At St. John’S Law, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Good morning, everyone. It is both an honor and a joy to open today’s symposium—Impact That Endures: Celebrating the Past, Present, and Future of St. John’s Law Faculty Scholarship.

As we gather in this centennial year of St. John’s Law, we have the opportunity to reflect not only on our history but also on our identity. So that means thinking about who we have been, who we are, and then also, who we aspire to be.

C.S.A. Assessment - Tamp Family Health Center Portal, Delante Clark

Graduate Scholarship and Creative Works

This C.A.S. assessment evaluates how the Tampa Family Health Centers website influences userattention, cognitive processing, information accessibility, navigation efficiency, and digital user experience.The assessment examines whether the platform supports intentional engagement and informed decision-making while minimizing cognitive overload, distraction, confusion, and unnecessary attentional demands.

TFHC serves as a healthcare access portal providing appointment scheduling, patient resources, providerinformation, healthcare services, MyChart access, payment services, and community health resources.These functions make attention management and information clarity critical to successful user outcomes.

Zeus Network And The Commercialization Of Conflict: A Critical Analysis Of Exploitation, Representation, And Reality Television, Delante Clark

Graduate Scholarship and Creative Works

This study examines Zeus Network as a prominent example of the commercialization of conflict within contemporary digital media. Through reality based programming that frequently emphasizes confrontation, public humiliation, emotional volatility, and interpersonal disputes, the network has cultivated a profitable entertainment model built upon spectacle and controversy. Drawing upon conflict theory, critical race theory, and media sociology, this paper investigates whether Zeus functions as a platform for cultural representation and economic opportunity or as a system that monetizes dysfunction for audience consumption. Particular attention is given to the portrayal of Black women and Black communities, whose experiences often become central to …

How Can Electronic Timekeeping Systems Provide Cost And Time Savings Compared To Manual Time Entry And Paper-Based Timesheets?, Jill Childs

Certified Public Manager® Applied Research

Paper-based timekeeping methods have historically been the default way for both municipalities and businesses to document hours worked by employees. However, due to analog timekeeping’s lack of verification methods, human error and intentional dishonesty combine to make this method unreliable. These discrepancies are also costly, as human resources staff must be compensated for the time it takes to verify entries and correct mistakes, and if unchecked, the falsified time can potentially result in thousands of dollars of unearned wages lost. This article details various methods and motivations for falsification and argues for the implementation of electronic timekeeping systems, such as …

Strings Attached: Science Regulation By Science Funders, Nicholson W. Price Ii

Reviews

Who regulates the physical and informational risks of scientific research? Who makes sure that researchers keep intensely personal data secret, or lock their dangerous chemicals away safely, or don't haphazardly create superviruses that could kill us all? You could be forgiven for assuming it was, well, a regulator—OSHA or the CDC or some similar entity that can promulgate binding rules and enforce them. But as Doni Bloomfield shows in the fascinating How Science Grantmakers Govern, you’d be (mostly) wrong. Instead, a key substantive and procedural regulator of the risky business of scientific research is, in fact, the funder of that …

Lessons Learned For The Independent Panel For Evidence For Action Against Amr From Previous International Science Panels: Stakeholder Views From The 2025 Lagos Workshop, Iruka N. Okeke, Anthony Mcdonnell, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

In September, 2024, the UN General Assembly assigned the Quadripartite Joint Secretariat on Antimicrobial Resistance (AMR) the task of establishing an Independent Panel for Evidence for Action against AMR (IPEA). To promote stakeholder views and input around the constitution and functioning of this Panel, which could feed into the Quadripartite Joint Secretariat’s consultation process, we independently commissioned seven papers to examine the lessons that could be learned from other high-level scientific panels. We then convened 85 stakeholders, primed with the background papers. The Workshop, held in Lagos, Nigeria in April, 2025, drew representation from around the world, particularly low-income or …

Contract Theory In The Saudi Civil Transactions Law “A Critical Comparative Study”, Mohamad Arfan Alkhatib

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This comparative critical study provides an in-depth doctrinal and analytical examination of contract theory under the Saudi Civil Transactions Law, situating its analysis within the broader framework of the modern law of obligations. The inquiry is structured around two interdependent axes. The first considers the determinants of contracting, analysed through the dual categories of contractual autonomy and the binding normative force of contract (force obligatoire). The second addresses the requirements of contracting, focusing on the constituent essentialia negotii and the extent to which such elements may be subject to curative mechanisms within the applicable invalidity …

Shedding Light On International Criminal Law, Mohamad Walid Abdulrahim

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The article sheds the light on International Criminal Law (ICL), one of the modern branches of Public International Law that defines international crimes and establishes the legal framework for prosecuting individuals responsible for the commission of these crimes, through substantive and procedural rules. It traces the historical evolution of the law, from traditional crimes like piracy and war crimes to the contemporary inclusion of international crimes: genocide, crimes against humanity, and the crime of aggression. Furthermore, it traces the evolution of enforcement mechanisms from the exclusive jurisdiction of national courts to ad hoc international tribunals and then to the International …

The Role Of The Public Prosecutor At The Court Of Casssation And Its Role In Parellel Financal Investigations Related To Money Laundery And Terrorist Financing Offenses, Tanos Youssef Saghbini

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The article concludes that the Public Prosecutor at the Court of Cassation in Lebanon plays a central role in parallel financial investigations related to money laundering and terrorist financing, because this approach allows authorities to trace suspicious funds, identify the real beneficiary, freeze assets, and prepare for confiscation instead of limiting the case to the underlying offense alone. It also explains that success depends on coordination between the Public Prosecutor, the Special Investigation Commission, and the judicial police, using practical procedures and circulars that give the investigation an effective judicial character and align it with international anti-financial-crime standards.