Digital Commons Network^™

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pendidikan Hukum Di Indonesia Suatu Retrospeksi, Prof. Padmo Wahyono, S.H.

Jurnal Hukum & Pembangunan

Abstract

Masalah Lingkungan Hidup Dan Dampak Sosialnya, Prof. Dr. Soerjono Soekanto, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Redesigning Online Graduate Orientation To Foster Academic Resilience And Prevent Underperformance, Stella Michael-Makri, David E. Rodriguez

Journal of Academic Underperformance

Graduate students in fully online programs often begin their academic journey without adequate preparation for the emotional, structural, and cultural challenges of graduate-level work. For students who are first-generation, racially marginalized, international, or returning to education after time away, this lack of scaffolding can lead to early disengagement, underperformance, or attrition. Orientation, often treated as a checklist of logistical tasks, represents a missed opportunity for meaningful academic intervention. This manuscript proposes a five-module conceptual model for online graduate orientation designed to proactively support online graduate students in the domains of emotional regulation and academic identity, time management and executive functioning, …

Etika Profesi Dan Hukum Kedokteraan Ditinjau Dari Sosiologi Hukum, Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

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.

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.

Segi Hukum Dalam Pengendalian Pencemaran Lingkungan Hidup, Soerjono Soekanto

Jurnal Hukum & Pembangunan

Abstract

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

Living Under Contract: An Lpe Analysis Of American Democracy, Amy J. Cohen, Ilana Gershon

University of Chicago Law Review

Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements likely to endure only insofar as they serve his (or putatively national) interests? Two political economy studies of U.S. workplaces and firms, one ethnographic and one historical, can begin to shed light. Ilana Gershon’s ethnography explores how people’s everyday legal and political consciousness is formed through their experiences of regulatory decision-making in a contract filled workplace. Sociologist Melinda Cooper’s historical account reveals how a turn to viewing corporations as a conglomeration of individual contracts paved the way for a veneration of autocratic rule. In …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Some Thoughts On Outsiders Within The Legal Academy, Jamelia N. Morgan

UMKC Law Review

No abstract provided.

Against Privacy Essentialism, Daniel J. Solove

North Carolina Law Review

No abstract provided.

Contagious Discrimination: Why Race-Blind Justice In Courtrooms Is Not Enough, Yijia Lu, Murat C. Mungan

Faculty Scholarship

Existing theories of discrimination focus on discrimination at the individual, societal, or organizational level. We highlight the importance of the dynamic relationship between different institutional actors who jointly give rise to discriminatory outcomes. This reveals that discrimination can be contagious: discrimination that would otherwise not occur at one institutional level can arise due to discrimination at another institutional level. Therefore, discrimination by some actors can trickle down and create disparate impacts in processes that would otherwise be free of discrimination. This phenomenon, which we term “contagious discrimination,” can manifest itself in various settings such as employment and commercial trade negotiations. …

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Religious Higher Education Institutions In Ukraine: The Evolution Of The Problem And The Collision Of The "Secular–Religious" Dichotomy, Serhii Kostiuchkov, Vadym Slyusar, Lesya Chervona, Mykola Slyusar

Occasional Papers on Religion in Eastern Europe

The article is devoted to institutional, legislative, philosophical and communicative analysis of the activities of religious higher education institutions in modern Ukraine, taking into account political, social, legal, religious and communicative contexts. The authors examine the demand for religious education in modern Ukraine, which demonstrates high internal dynamics and promising prospects for the development of the domestic religious educational space. It is emphasised that the functioning of religious higher education institutions in Ukraine is regulated by the principle of constitutional separation of education from religion, while at the same time basic legal norms create specific conditions for the functioning of …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

Selective Service And The Separation Of Powers, Jeremy K. Kessler

Faculty Scholarship

The legal history of the U.S. military draft is a case study in creative statutory interpretation. Throughout the twentieth century, this interpretive creativity tended both to expand draft registrants’ substantive and procedural rights, and to recalibrate the roles played by Congress, the courts, and various executive branch factions in the governance of tens of millions of young men. Today’s Military Selective Service Act (“MSSA”) reads much like the law that governed the land when the country last went to war with conscripts during the 1950s and 1960s. But between U.S. entry into the Korean War and its withdrawal from Vietnam, …

Conceptions Of Law, Ideology, And The Rule Of Law, Alani Golanski

Hofstra Law Review

This Article claims that law and the rule of law ought not be seen as coextensive concepts, for if a legal order’s deviations from rule of law ideals count equally as departures from criteria for being a legal system at all, then the rule of law loses motivation as a discrete concept. In turn, the Article emphasizes the need to galvanize critical assessments of the legal system rooted in rule of law moralities. Toward this end, the argument shifts the terrain on which we discuss law’s nature from concepts to conceptions, critiquing certain currently influential conceptions, with special emphasis on …

Academic Freedom And Collective Bargaining: A Joint Report By The National Center For The Study Of Collective Bargaining In Higher Education And The Professions And The Aaup’S Center For The Defense Of Academic Freedom, William A. Herbert, Isaac A. Kamola, Timothy R. Cain, Erin Ward, Anita Levy, Kathryn Ritchie, Ariana Gonzalez

Publications and Research

This is a joint report by the National Center for the Study of Collective Bargaining in Higher Education and the Professions at Hunter College (National Center) and the Center for the Defense of Academic Freedom (CDAF) at the American Association of University Professors. It presents excerpts from forty-five collective bargaining agreements in higher education to demonstrate the wide range of ways academic freedom is defined in contracts, or not, and how the negotiated definitions incorporate, quote, follow, mirror, or deviate from the principles set forth in the 1940 Statement of Principles on Academic Freedom and Tenure (hereinafter 1940 Statement).

The New Necessity, Ezra Rosser

William & Mary Law Review

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

Lawyers’ Career Aspirations In Canada And The United States, Meghan Dawe, Ronit Dinovitzer

Fordham Law Review

No abstract provided.