Digital Commons Network^™

On Parentage, Genetics, And Surrogacy, Jessica Tueller

Georgia Law Review

Bans in some jurisdictions, combined with relative affordability in others, have turned surrogacy into an increasingly cross-border phenomenon. Meanwhile, the complex and varied approaches to legal parentage and surrogacy that exist in domestic jurisdictions, along with a lack of international oversight, have at times left children of surrogacy parentless or stateless. The decision of the Hague Conference on Private International Law to begin regulating legal parentage in international surrogacy arrangements is thus an important and welcome development. However, the Hague Conference is considering imposing new genetic requirements that could result in violations of the rights to equality and non-discrimination of …

Tax Compliance, Social Norms, And Influencers, James Alm, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

While attaining perfect tax compliance is unachievable, more can and must be done. In the past, the country has relied primarily on a traditional system of sticks (e.g., audits and penalties) and carrots (e.g., refunds and whistleblower awards) to help narrow the “tax gap,” or the difference between what taxpayers owe in taxes and what they actually pay. Now, in the social media era, Congress and the Internal Revenue Service (IRS) should look beyond these traditional enforcement mechanisms. To achieve an even higher voluntary compliance rate, this Article advocates for policymakers to invest greater resources to enhance the social norm …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

The Criminal System Under Racial Capitalism, Sandeep Singh Dhaliwal

Faculty Publications

In 2021, major segments of the business lobby converged around a consensus for criminal system reform. As the United States experienced historic levels of labor market tightness, business groups argued for removing “barriers” to employment that system-involved people face. Just a few months later, the orientation of business to the criminal system was decidedly more mixed. By March 2022, the U.S. Chamber of Commerce, the country’s most powerful business lobby, had stepped to the forefront of the national moral panic around retail theft, launching a vigorous campaign to defend and even strengthen criminal punishment across the country.

Anchoring its analysis …

Is Originalism Bullshit?, Michael L. Smith

Faculty Articles

It’s finally time to answer the big question. This Article draws on the surprisingly robust literature examining the definition, essence, and significance of bullshit and evaluates whether originalist constitutional interpretation fits the bill. I begin with Harry Frankfurt’s definition of bullshit as utterances made in pursuit of the speaker’s goals without regard for their truth value. I also rely on alternate formulations, including bullshit as unclarifiable nonsense as well as contextual and audience-centric variations of bullshit.

While not all instances of originalism are bullshit, I identify those instances which are, and go on to demonstrate that originalism is uniquely prone …

Informing Choice: The Role Of Adoption In Women’S Pregnancy Decision-Making, Elizabeth R. Kirk, Ryan Hanlon

Scholarly Articles

In the wake of the Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, the authors of this Article offer a practical, collaborative response to a seemingly intractable, divisive issue. Kirk and Hanlon draw on their academic expertise in law and social science, respectively, to address the paradox of the general esteem for the institution of adoption alongside the rarity with which adoption is chosen. In this Article, they examine social science data and literature on women’s pregnancy decision-making in order to explain the need for laws and policies that promote informed choice. They introduce never-before-published survey data and …

Assessing Equity, Environmental Social Justice And Intersectionality In U.S. Federal Policies: A Comparative And Temporal Analysis Of The Department Of Transportation, Department Of Energy, And Environmental Protection Agency, Sneha Basu

Dissertations and Theses @ UNI

As the climate crisis intensifies, U.S. federal policies play a critical role in addressing the disproportionate environmental burdens borne by marginalized communities. This thesis assesses how equity, environmental social justice, and intersectionality have been integrated into the policy documents of three key federal agencies: Department of Transportation (DOT), Department of Energy (DOE), and Environmental Protection Agency (EPA), over a 20-year period (2004–2024). Using a quantitative content analysis of 46 policy documents, the study evaluates five core dimensions: depth of discussion, clarity of language, inclusiveness of marginalized groups, action-oriented language, and environmental justice considerations. The research reveals significant interagency disparities, with …

Overcoming Obstacles To Equitable Energy Transitions And Promoting Energy Sovereignty For Us Tribal Nations, Don Lee

Dissertations, Master's Theses and Master's Reports

This dissertation explores the potential of equitable energy transitions guided by the tenets of energy justice with a focus on Tribal energy sovereignty through renewable energy development. It contributes to the literature on the social acceptance of energy systems, public perceptions of renewable energy transitions, the ramifications of US federal Tribal law on Tribal energy development and sovereignty, and the implications of conforming to capitalist logics in the energy justice literature.

To understand the importance of building reciprocal and collaborative relationships, our team of researchers and Tribal members collaborated on the development of a methodology to survey respondents in a …

Innocent Until Proven Newsworthy: Reviving The Tort Of Publication Of Private Facts In The Media Ride-Along Era, Hanna Doudican

Oklahoma Law Review

No abstract provided.

Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice, Gordon Babst

Political Science Faculty Books and Book Chapters

The decision in Burwell v. Hobby Lobby Stores, Inc., suggested to many that the scope of religious liberty was in a principled, logical way expanded to include free expression rights of corporate entities. It is concerning that many champion the decision as a basis for expanding religious exemptions to non-discrimination law as regards public accommodations, especially since the same reasoning that is being used with respect to the contemporary target of discrimination based in religious belief—American citizens who happen to be in a sexual minority—would apply by analogy, as it once did explicitly, to racial minorities. Unfortunately, given the …

Victim-Offender Relationships And Their Influence On Crime Brutality And Sentencing Outcomes In Capital Homicide Cases, Samantha Jane Trowbridge

Graduate Theses/Dissertations

This study examines capital murder cases in Missouri from 1976 to 2022 to explore how victim-offender relationships relate to both the brutality of homicides and sentencing outcomes. It addresses three main questions: What are the different types of victim-offender relationships in these cases, and how frequently does each type occur? How do these relationships influence sentencing outcomes, particularly the likelihood of receiving the death penalty versus life without parole? And which types of relationships are associated with the highest and lowest levels of brutality? The study uses official court records and applies a coding process to analyze relationship type, sentencing …

In Code We Trust: Blockchain’S Decentralization Paradox, Sangita F. Gazi

Vanderbilt Journal of Entertainment & Technology Law

This Article explores blockchain technology’s decentralization and governance challenges. It interrogates the tension between the idea of a trustless, decentralized economy at the core of blockchain’s promise and the realities of power concentration and information asymmetry. Examining the ramifications of the Crypto Winter of 2022 on trust and governance within the blockchain ecosystem, the Article also underscores a critical paradox within blockchain ecosystems. It argues that despite the foundational ethos of decentralization and open participation, the governance structures of major blockchain networks manifest significant centralization, challenging the narrative of an egalitarian, user-driven evolution. The current state of blockchain’s centralities fundamentally …

The Urgency Of Artificial Intelligence Code Of Ethics, Tundjung Herning Sitabuana, Dixon Sanjaya, Ibra Fulenzi Amri, Nethan Nethan

Indonesia Law Review

The era of artificial intelligence has become a characteristic of industrial era 5.0 which has been used in various aspects. Potential economic value of AI has driven various forms of AI innovation development. Exploration of AI tends to override negative impacts of such developments. The emergence of ethical issues with presence of AI encourages the need for a law-based approach to establishing ethical standards to protect entire Indonesian nation. Therefore, this research was conducted to examine urgency for an AI code of ethics. This paper will normatively describe data qualitatively to answer urgency and development of AI code of ethics …

Relocating Inclusionary Housing Obligations To The New Capital Nusantara: Legal And Policy Implications, Muhammad Ilham Hermawan, Nasywa Ananda Herliana

Indonesia Law Review

The philosophical meaning of balanced housing lies in achieving a harmonious and equitable life among various social strata. To realize this philosophical essence, regulatory engineering is required, aimed at fulfilling the goals of balanced housing. The obligation for balanced housing is theoretically known in the literature of several countries as an inclusionary housing policy. Triggered by the need for residential development in the new capital city (IKN), the Government has "relocated" the previously unfulfilled balanced housing obligation to IKN. The IKN Law explicitly regulates “exceptions to the provisions of legislation in the field of housing and residential areas.” There …

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

Increasing Youth Engagement In Community Heritage And Social Justice Through Implementation Of A Youth Participatory Empowerment Model, Jancarlos Wagner-Romero, Mary Gillis, Lindsay Clemens, Amanda J. Dworak Rowland, Curlinda Mitchell-Blacksheep, Melanie Canaday-Talley

Journal of Multicultural Affairs

Youth in traditionally marginalized communities are often the target of policies and practices without the opportunity to provide input. This article highlights effective strategies to empower youth to become active participants in their communities. Using a Youth Participatory Empowerment Model (YPEM), youth participants from six demographically distinct communities engaged in YPEM-supported activities and strategies to identify and address a need within their community. To gain insight into successful strategies, qualitative data from pre and post implementation focus group interviews and observational field notes informed the conclusions. The participant youth represent tribal, undocumented, rural, suburban, and urban youth from underserved populations. …

Beyond Hierarchy: Investigating The Role Of Complex-Fluid Structures In The Accountability Of Criminal Organizations, María Manuela Márquez Velásquez, Rodrigo Moreno

Genocide Studies and Prevention: An International Journal

Globalization and technological development have led to quick transformations in criminal organizations, adapting to new forms/degrees of control and hierarchy. Existing legal frameworks governing responsibility for atrocity crimes have developed from the experiences of Western (center) countries and their understanding of traditional warfare structures. Thus, peripheral regions have been forced to employ doctrines with weak sociological basis. New and conventional local dynamics inside organizations and their consequential fluidity challenge the applicability of traditional modes of liability when seeking their members’ accountability.

This paper inquires about the suitability of two modes of liability under ICL –perpetration through an organization and superior …

Building Successful Justice Worker Programs: Emerging Insights From Research And Practice, Rebecca L. Sandefur, Matthew Burnett

Alaska Law Review

America's deep access to justice crisis has long seemed intractable. But new and potentially transformative models for giving people access to legal services and to their own law are emerging around the country. Among the most promising of these are community justice workers. These are people already trusted in their communities, such as social workers, librarians, health aides, community leaders, teachers, mediators, and everyday citizens who are trained to help people understand and act on the legal challenges involved in critical life issues. These issues implicate basic needs like nutrition, health, income security, shelter, education, and care of dependents, and …

Power-Conscious Legal Work: Building A Roadmap For Rural Access To Justice Through Trust, Accountability, & Trauma-Informed Practices, Cayley Balser, Antonio M. Coronado

Alaska Law Review

The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event …

Seizing Welfare From The Bankrupt, Michael D. Sousa

University of Cincinnati Law Review

The earned income tax credit (EITC) is currently the largest means-tested antipoverty program in the United States that assists low-income working families surviving along the edges of poverty. A central component of the national welfare system, the EITC has lifted millions of families with children out of poverty and has produced myriad benefits for their everyday lives. But most of the poor and near-poor endure in the low-wage labor market and often lead turbulent financial lives, plagued by precarious employment along with deleterious material and psychological constraints in budgeting for daily expenses. For the segment of these families also burdened …

Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Mental Illness In African American Women: A Transcendental Phenomenology On Self-Efficacy And The Treatment-Seeking Behavior Of Secondary And Post-Secondary Educators, Sasha N. Gordon

Doctoral Dissertations and Projects

This transcendental phenomenological research shows the influence of mental health treatment on the self-efficacy of African American women who are secondary or post-secondary educators in Northern Illinois. For African American women educators, taking care of their mental well-being and being aware of mental health conditions are crucial. Sharing personal stories and experiences can help reduce the stigma surrounding mental health. Promoting awareness and understanding of mental health issues are vital in our communities, and access to resources and support are necessary. Using self-identity theory can aid in comprehending motivations and behaviors, leading to greater satisfaction and fulfillment and the prioritization …

Examining State Statutory Selection Methods, Term Limits, And Required Qualifications For Appellate Judges As A Model For Reform, Angelo Brown, Wesley Mccann, Ruibin Lu, Brenda I. Rowe, Craig Hemmens

Journal of Criminal Justice and Law

Several reform proposals have been pushed forward for the federal judiciary- namely the United States Supreme Court- in recent years, including term limits, changes in judicial selection, and qualification criteria. Such changes could ostensibly apply to all federal appellate judges as well. The purpose of this study is to determine if states can provide a roadmap for Supreme Court reform discussions. This study utilizes a state-level legal content analysis of all statutes pertaining to judicial selection and qualification criteria for appellate-level judges. Specifically, selection mechanisms, age limits, term limits, and qualifications for selection are examined. Whether state statutory schemes can …

Ontological Inquiry In The World Of Law: Bringing Forth Subjective Experiencing From The Shadows, Margarida Garcia

Turning Toward Being: The Journal of Ontological Inquiry in Education

This article explores how we assess the value of ontological inquiry in the world of law, and to that end, it seeks to bring forth “seeings” that show up when we open the “curtains” of law, and engage the world of law as a field of subjective experience. By revisiting subjective impressions left from participation in the world of law, and that, for the most part, have remained unexamined, the author imagines what an “ontologically sensitive” approach to legal education, practice, and scholarship might look like and be if more space was given to those who participate in those …

The Promise Of Lived Experience: Assessing Race And Merit After Sffa, Taonga Leslie, Claire Comey

Northwestern Journal of Law & Social Policy

70 years after Brown, students of color remain underrepresented in U.S. colleges and universities and in professions like law, medicine, business, and academia, which, in turn, drives inequitable social and economic outcomes. Recent Supreme Court decisions threaten to further exacerbate this inequity by preventing schools from considering race when making admissions decisions and shaping their classes. This article contends that by placing greater emphasis on applicants’ experiences of race, admissions officers can more accurately assess merit, improve services to disadvantaged communities, and achieve the pedagogical benefits of diversity. The article situates the lived experience approach within a well-established tradition permitting …

"The Revolutionary Act Of Love": How Black Women In Interracial Marriages Are Reshaping America, Whytni H. Kernodle

Capstones

This capstone explores the transformative power of interracial marriages between Black women and white men, examining how these unions challenge entrenched systems of racial and gender oppression while fostering spaces of equity, kinship, and resilience. Anchored by historical milestones such as Loving v. Virginia, the work situates these relationships within broader struggles for autonomy and freedom. Through the stories of contemporary couples, it highlights the complex dynamics of love, allyship, and identity in the face of systemic biases. The narrative emphasizes that these partnerships are not merely personal choices but deliberate acts of resistance and reimagination, inspiring societal transformation. …

¿Qué Futuro Les Espera A Los Trabajadores Latinos? El Calor Extremo, Las Promesas Vacías Y La Incertidumbre Política, Yunior Rivas Garcia

Capstones

Este artículo explora las condiciones mortales que enfrentan los trabajadores latinos en Estados Unidos debido al estrés por calor, un riesgo creciente en sectores esenciales como la construcción, la agricultura y el almacenamiento. A pesar de representar una proporción significativa de las muertes laborales, las protecciones contra el calor son insuficientes, y la falta de regulación federal agrava la vulnerabilidad de estos trabajadores, muchos de los cuales son indocumentados. A través de casos específicos, como la muerte de Esvin Cruz Mateo, y un análisis de las políticas laborales actuales, el texto examina las fallas estructurales que perpetúan la inseguridad laboral …

Drogas, Basura Y Crimen: Los Vecinos De East Harlem Se Unen Para Mejorar El Barrio, Jacqueline Zamora

Capstones

En octubre de 2023 una nueva operación denominada “operación 4 esquinas” inició con el fin de mejorar la calidad de vida en East Harlem, pero el vecindario no ha cambiado mucho, dejando a residentes que formen una comunidad que se ayude mutuamente para marcar la diferencia en el barrio.

Enlace: https://medium.com/@jzamora2211/drogas-basura-y-crimen-los-vecinos-de-east-harlem-se-unen-para-mejorar-el-barrio-39455477522b

Why Law "Beyond The State" Need Not Be A Threat To Democratic Values, Paul Schiff Berman

Buffalo Law Review

Discussions of “law beyond the state” almost inevitably run into objections from those who believe that sub- or supranational legal orders necessarily subvert local democratic governance. Self-proclaimed populists and others express concern that the “will of the people” will be unduly subjected to the dictates of “cosmopolitan elites”1 or local factions, or corporate capture. These objections range across the political spectrum. Those on the right tend to focus on concerns that transnational orders will impose human rights or immigration rules on a national polity, while those on the left worry about trade regimes that might impose local labor or environmental …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …