Digital Commons Network^™

Secretive Sheriffs: Opacity And Variation In California's Jail Responses To Covid-19, Aparna Komarla, Hadar Aviram

Nevada Law Journal

No abstract provided.

Applying The Public Forum Doctrine To Public Official And Campaign Social Media Accounts, Jonathan Peters, Skylar Bandoly

Vanderbilt Journal of Entertainment & Technology Law

The US Court of Appeals for the Second Circuit ruled in the 2019 case Knight First Amendment Institute at Columbia University v. Trump that the @realDonaldTrump Twitter account was a designated public forum, making it a First Amendment violation for President Trump to block users from it on the basis of their viewpoints. A few years later, in the 2024 case Lindke v. Freed, the US Supreme Court established a two-part test to determine whether a public official’s social media activity constituted state action under 42 U.S.C. § 1983. This Article reviews these and related cases to explore—in the context …

From Australian Influence To Rohingya Refugees: A Systematic Literature Review Of Asylum Seekers And Refugees In Indonesia, Bilal Dewansyah

The Indonesian Journal of Socio-Legal Studies

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, …

The Right To Exit Religion, Zalman Rothschild

Articles

This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the Supreme Court recognized what might be called a right to exit religion. In this decision, the Court expressed appreciation for preserving insular religious communities, while simultaneously articulating the principle that accommodations for such communities must not unduly restrict community members’ ability to exit should they wish to do so. Yet courts and scholars have largely overlooked Yoder’s recognition of a right to exit religion. To make this “right” more concrete, the Article examines impediments to it through a case study of one large insular religious community—the …

Sails Symposium Launch On International Law Scholarship: What We Write, Where We Publish, And Why It Matters, Kathleen Claussen, Melissa J. Durkee, Rebecca Ingber, Steven Arrigg Koh

Faculty Scholarship

Despite the centrality of international law scholarship in international law, little work has been done to understand the contours and forces at work in what international law scholars write, where they publish that work, who reads international law scholarship, and scholarship's relationship to the policy world. For international lawyers, identifying answers to these questions and appreciating the impact of our collective work is essential, particularly at a moment of profound political struggle in communities around the world. We have remarkably few data as to what topics, methodologies, and perspectives of international law scholarship journals and publishers print, by whom, in …

Addressing Missingness In Serialized Bureaucratic Data: The Case Of Chinese Courts, Xiaohan Wu, Margaret Roberts, Rachel E. Stern, Benjamin L. Liebman, Amarnath Gupta, Luke Sanford

Faculty Scholarship

Courts around the world are putting their data online, making information about caseloads, parties, and decisions available to the public. Yet, this data is far from complete, and often only reflects a portion of courts’ dockets. We offer and validate a set of tools for leveraging serialized bureaucratic data from courts to estimate the proportion of cases available to the public and the time courts take to make decisions. Using data from more than 3,000 courts in China, our methods allow us to assess patterns of missingness in court data across provinces and cities by type of case and to …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Faculty Scholarship

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

From Contamination To Consequence: Tracing Donna Lake’S Human Environmental History, Dean Kyne

Sociology Faculty Publications

The Donna Reservoir and Canal System (Donna Lake) in Texas has been a persistent source of environmental contamination for over a century, exposing surrounding communities to dangerous levels of polychlorinated biphenyls (PCBs). Originally built for agricultural irrigation, the system became a recreational fishing site before PCB contamination was discovered during public health investigations in the 1990s. This study examines patterns of demographic vulnerability, evaluates remediation efforts by the U.S. Environmental Protection Agency (EPA), and explores residents’ ongoing challenges related to toxic exposure. Using publicly available demographic data, EPA reports, and previous health assessments, the study analyzes variations in community characteristics …

The Activists’ Choice: Ballot Initiatives As A Step Towards Pro-Choice Efforts, Levi C. Mahler

Culture, Society, and Praxis

Following the overturn of Roe V. Wade, many U.S. state legislatures failed to implement abortion rights that satisfy the general population. When the public disapproves of legislative law, some U.S. states allow citizens and activists the right to pursue a ballot initiative. With enough voter signatures, these ballots can turn into new laws. However, with ballot initiatives being a multi-step, lengthy process, what ultimately pushes activists to pursue this path? My research analyzes this novel intersection of political science and sociology fields to contribute to the current lack of literature on activists' decisions to pursue ballot measures for abortion rights. …

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …

Navigating Sovereignty And Human Rights: A Legal Analysis Of Palestinian Detention Under Israeli Jurisdiction In Comparison To International Law, Amani Nidal Odeh

Dissertations and Theses

This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the …

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …

The Ethics Of Exploitation: How Social Media Profits From Attention, Addiction, And Data Manipulation, Laeila Scott

NSU Undergraduate Law Journal

The pervasive influence of social media platforms extends far beyond digital interaction, shaping human behavior, manipulating democratic processes, and exploiting user data with minimal oversight. Through the attention economy, these platforms employ algorithms designed to maximize engagement at the expense of users’ autonomy, fostering addiction and cognitive dependency. Manipulative terms and conditions further entrench corporate control, binding users to contracts with the very companies that obscure the extent of data collection and limit legal recourse. The Cambridge Analytica scandal laid bare the dangers of unregulated data harvesting, demonstrating how personal information can be weaponized for political and economic gain.

Beyond …

The Lawyer’S Obligation As Public Citizen, Gene R. Nichol

Mercer Law Review

It is an honor to participate in this symposium—at the Mercer Law School—which, to its great credit, is looking hard and thoughtfully at the lawyer’s professional role. I particularly admire the focus on the lawyer’s obligation as public citizen. Something we pay attention to, I’d guess, less frequently than other purported ethical charges. I’m grateful, too, that the Mercer Law Review would host this terrific conference. And I salute former American Bar Association (ABA) President Mary Smith’s leadership on these issues; especially her formation, in 2023, of the ABA’s Task Force for American Democracy, with Judge Michael Luttig and others, …

Professional Identity In Context: The Transactional Business Lawyer As Counselor And Leader, Joan Macleod Heminway

Mercer Law Review

A lawyer’s professional identity development is a continuous journey of self-leadership in their lawyering role. The self-leadership may be unplanned, or it may be purposeful. Regardless, the journey is real. And I have come to believe it is important to the individual and the profession.

I identify, in my legal professional space, as a transactional business lawyer. For fifteen years before becoming a law professor, I practiced law full-time in a private firm, principally working on matters involving the legal aspects of business finance and governance in transactional, advisory, and compliance contexts. Most of my full-time law practice involved corporate …

Will Green Mean “Stop”? Exploring How Combatting The Climate Crisis Impacts On Wto Relevance, Sean Stacy

Georgia Journal of International & Comparative Law

The WTO faces a legitimacy crisis as climate change demands leadership it may be structurally unfit to provide, raising doubts about its future role in global governance.

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.

Masthead, Gjicl Journal

Georgia Journal of International & Comparative Law

No abstract provided.

Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Jordan Lim

Faculty Publications

Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Minnesota Law Review Vols. 106:2 onward (2021-present)

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …

Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The past four years (2021-2024) have seen an increase in academic censorship laws and anti-LGTBQIA+ rhetoric across the United States. Florida, specifically, has established itself as a leader in discriminatory legislation. In this paper, the author analyzes four Florida laws: HB 1557, HB 1069, HB 7, and SB 266, along with the rise in book bans to consider both the pedagogical effects and negative impacts on the LGBTQIA+ community. These analyses will be juxtaposed with extant political rhetoric around these laws to expose a) the intent of the law b) the contradictions within and across laws and thereby c) the …

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …

The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos

Doctoral Dissertations and Projects

The phenomenological study aimed to define the color-blind racial ideology, understand the effect of the color-blind racist ideology on people of color and determine the perception of racial disparity within the criminal justice system by male minorities within Bell County, Texas. The critical race theory, also known as CRT, explains how the white privileged maintain their standing, allowing them to subjugate others based on their social rank. The author describes the racial disparity within the criminal justice system through the CRT. The author collected data from minority males and those over 18 years old. The information was gathered using a …

Mixed Review Of Constitutional Rights In Cuba, Ngoc Son Bui

Northwestern Journal of Human Rights

Cuba’s 2019 Constitution and the 2022 Law on the Process of Protection of Constitutional Rights create a mixed model of review. Accordingly, the legislature and the executive review the constitutionality of legislation and regulations, while the courts review the constitutionality of state actions. Synthesizing comparative constitutional law and new institutionalism in political science, this article argues that the mixed constitutional review in Cuba is shaped by different historical influences; competing socialist and liberal ideas and discourse; competing political interests; and competing socialist and universal values. The Cuba experience presents a new hope for other socialist countries like China and Vietnam …

The Hidden Revolution: How Patent Law Is Shaping Women's Health Tech, Daniel Mendoza

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Striking A Balance: Teachers’ Strikes In Guyana And The United States, Camilla Leonard, Claire O'Brien

Ohio Northern University International Law Journal

No abstract provided.

Requiem For The Eu: The Internal Costs Of The Brussels Effect And The Digital Services Act As Case Study, Jordan Smith

The Journal of Business, Entrepreneurship & the Law

The high levels of regulation of the European Union (EU) have been praised as a means of maintaining Europe’s relevance and influence on a global scale, which Professor Anu Bradford has termed “the Brussels Effect.” However, these pervasive regulations can also be characterized as roadblocks to Europe’s own economic growth and threats to its own commitment to democratic values. This paper will survey several ways in which Europe’s pervasive regulations are impacting its long-term wellbeing and then specifically examine a new EU regulation in the tech sector: The Digital Services Act.

Labor Of Love, Or Profit? How The Parental Rights Argument Threatens To Upend Child Labor Regulation In America, Stephanie A. Smith Charney

Tulsa Law Review

No abstract provided.