Digital Commons Network^™

The Contractual Womb: U.S. Surrogacy Reform Through A Federal Bioethical Framework, Yasmine A. Quinones

Student Works

No abstract provided.

Addressing The Challenges Of Cognitive Decline In The Physician Workforce, Sharona Hoffman

Faculty Publications

This book chapter examines the growing challenge of cognitive decline among aging physicians and analyzes various approaches to addressing it. In 2024, twenty percent of working physicians were sixty-five or older, and evidence suggests that 12-14% of older clinicians have cognitive deficits that may affect job performance. The chapter evaluates two primary approaches to cognitive assessment: employer-initiated programs and programs operated by state medical boards. Employer "late career practitioner policies" (LCPP) that require older physicians to undergo testing are becoming increasingly popular among health care organizations. But they are vulnerable to challenge under disability and age discrimination laws, as evidenced …

Revising The Role Of Minors And Their Participation In Their End-Of-Life Care: An Argument For A Shared Decision-Making Model Rooted In Pediatric Patients’ Decision-Making Capacity, Taylor Talcott

Student Works

No abstract provided.

Work-Life Balance Of Parents: Comparing The Parental Leave Systems And Their Legal Structures In The United States And European Union, Michelle C. Hunter

Student Works

No abstract provided.

Right-Wing Grievance And Queer Speech, Luke A. Boso

Seton Hall Law Review

No abstract provided.

The Hidden Environmental Impacts Of Ai: Understanding Ai Companies And Data Centers Through A Federally Mandated Disclosure Framework, Carolyn Yahn

Seton Hall Law Review

No abstract provided.

Artificial Intelligence Integration Governance Model In Indonesian Arbitration, Maskun Maskun, Tasya Safiranita, Irma Rachmawati, Wiranti Wiranti, Alya Ceva Farzana

Hasanuddin Law Review

The development of artificial intelligence in dispute resolution has driven the transformation of arbitration practices, including Indonesia. However, the use of AI in arbitration is not only related to technical and operational aspects, but also requires the formulation of a governance model that ensures legitimacy, accountability, and protection of the rights of the parties. This study aims to analyze the governance model for AI integration in Indonesian arbitration by positioning AI as a supporting instrument, not a substitute for human roles. The analysis focuses on three arbitration institutions in Indonesia, namely BANI, BASYARNAS, and BAM HKI, with different dispute characteristics. …

Algorithmic Models And The Freedom Of Speech, Alexander Tsesis

Fordham Law Review

Intentionality and reason are intrinsic features of the human mind that large language models (LLMs) entirely lack. Although LLMs generate natural-language sentences through algorithmic processes, autonomously produced machine speech lacks the consciousness of human speakers. This intrinsic distinction between natural persons and artificial machines is consequential to whether LLM-generated outputs are covered by the First Amendment. Scholars who equate the constitutional value of human speech with algorithmic outputs tend to emphasize the informational value of those outputs to audiences while giving insufficient attention to the absence of machine consciousness. The conscious underpinnings of thought and their relation to constitutional protections …

Data Centre Litigation And Climate Change: Can Claims Against Data Centres Resolve Tensions Between Ai Growth And Climate Goals?, Nick Scott, Heng Wang

Research Collection Yong Pung How School Of Law

As artificial intelligence (AI) has become ubiquitous, climate-related impacts of data centres used to power these technologies have emerged as a growing concern for governments, civil society groups, and the public. As a result of this, a wave of data centre litigation has started to sweep multiple jurisdictions, in particular the United States, often leveraging environmental law. However, many claims do not directly target data centres’ impacts on climate change, and the challenges of aligning AI growth with climate goals may extend far beyond energy use in this infrastructure. This article analyses two research questions: (1) how are mismatched governance …

Managing Collaboration Under Conservation Crisis: Trust, Risk, And Control In The Gulf Of Maine Fishery Management Network, Evelyn Roozee, Owen Temby, Dongkyu Kim, Antonia Sohns, Anthony Rocha Lima, Jasper R. De Vries, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Transboundary fishery management and the intertwined conservation of critically endangered species represent significant governance challenges that require ongoing inter-organizational communication, collaboration, and collective action to achieve shared objectives. Previous research suggests that inter-organizational collaborative performance depends heavily on different dimensions of trust and complementary control mechanisms to mitigate the perceived risks of collaborating and enable the reciprocal sharing of resources and the coordination of activities. However, it is unclear how proposed relationships between trust, risk, and control are shaped by disruptions to established transboundary management networks. This study presents the results of survey research conducted in the Gulf of Maine …

Unlocking Affixes In The Esl Community College Classroom: The Language Of Law, Science, And Technology, Patricia George-Hunter Edd

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …

How Ai’S Data Centers Thirst For Water Will Leave The Rest Of Us Dry If Left Unregulated, Emma Sawko

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

From Pore Space To Policy Space: The Costs, Benefits, And Constitutionality Of North Dakota’S Ccs Long-Term Liability Transfer Standard, Lainey Morrow

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Eleventh Circuit’S Narrow Interpretation Of Nepa In Alligator Alcatraz, Madison Crow

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Frictionless Fans, Fragmented Law: A Hybrid Approach To Regulating Stadium Biometrics, Janaye K.S. Dowers

University of Miami Law Review

The future of stadium entry may require no ticket at all, just a face. Across the United States, stadiums are increasingly replacing traditional tickets, credentials, and payment methods with biometric identification systems designed to move thousands of fans through gates and concessions with unprecedented speed. However, the law governing these systems remains far less seamless. In the absence of comprehensive federal biometric legislation, stadium operators, technology vendors, and attendees must navigate a fragmented patchwork of state and local laws that provides inconsistent protections and leaves fundamental questions of accountability unresolved.

Using stadiums as a case study for the expanding private-sector …

Recent Case: Equal Protection - Transgender Discrimination In Women's Sports: West Virginia V B.P.J., Joey Martinez

ConLawNOW

This Recent Case Note analyzes the U.S. Supreme Court's decision in West Virginia v. B.P.J. (2026) in which the Court upheld state laws banning transgender women and girls from competing on women’s and girls’ sports teams. By holding that the state bans were justified by concerns with physical safety and fair competition, the Court rejected a claim that the bans violated the Equal Protection Clause and applied an arguably less demanding heightened scrutiny standard than its prior cases seemingly required. The Court deferred to the state legislatures on the contested questions of medical and sports science, applying a weakened “new …

Use Of The Well-Star Model And Well-Star Graphic In Healthcare, Fidan Korkut-Owen, Zubeyde Akpakir, Dean W. Owen

Journal of Wellness

No abstract provided.

Multistate Litigation Networks, Elysa M. Dishman, Kristina Bishop

Texas A&M Law Review

State lawsuits challenging executive orders and agency regulations not only disrupt executive policymaking but also reshape constitutional structures. States sue the federal government in highly coordinated multistate coalitions led by state attorneys general. These state coalitions target federal agencies and officials in strategically selected courts seeking sweeping injunctions to block executive actions. Following the Supreme Court’s opinion curtailing universal injunctions for private litigants without class certification, states are uniquely poised to obtain broad injunctive relief against the federal government. This Article theorizes that multistate litigation involves a series of network relationships among state plaintiffs, federal defendants, and federal courts and …

Animus And Heightened Scrutiny: A Way Out Of The ‘Dead End’, Steve Sanders

Texas A&M Law Review

Laws or government actions that are grounded in animus rather than proper public purposes violate the Constitution’s guarantee of equal protection. This principle arises from four canonical cases decided by the Supreme Court between 1973 and 2013. These cases remain good law. Yet in the past decade the Roberts Court has given scant attention to the animus doctrine, and lower courts appear to be in a muddle about how to use it. As a result, the animus doctrine has reached what one prominent scholar calls a “dead end.” The animus cases are often described as exhibiting a more skeptical, more …

An Analysis Of The Increasingly Popular Evidentiary Objection That "The Opposing Expert Has 'Cherry-Picked' The Information Supporting Their Opinion"—An Objection That Is At Once Colorful And Dangerous, Edward J. Imwinkelried

University of Cincinnati Law Review

No abstract provided.

Citizenship At Sea: A Comparative Perspective On Blue Justice In The Andaman Sea And The Mediterranean In The Context Of Climate Change, Emilio Cocco

Pace Environmental Law Review

Discourses of the ocean in the sociological and socio-legal world have, until recently, been approached from majoritarian, terrestrial, profane and nation-centric perspectives. These perspectives are embedded in legal and regulatory regimes to the detriment of Indigenous and marginalized maritime communities. Drawing on the blue turn in sociology and socio-legal scholarship, this Article, in comparing the experiences of the Moken people of the Andaman Sea with those of migrants, fishers, and island communities in the Mediterranean, exposes the violence of such narratives. Through a comparative analysis of maritime borders, marine protected areas, tourism, and fisheries regulation, the Article explores how governance …

Climate Migration And Reparations: Reflections On The Icj Advisory Opinion On Climate Change, Carmen G. Gonzalez

Pace Environmental Law Review

Climate mobility governance is at an inflection point. Major developments, such as the International Court of Justice (ICJ) Advisory Opinion on climate change, are opening legal pathways to climate reparations and reshaping global policy debates on climate-induced migration. Climate-vulnerable states and peoples are calling for reparations for the intertwined injustices of slavery, colonialism and climate change and for legal frameworks that recognize the right to stay and the right to migrate based on the right to self-determination. This article examines the legal and ethical basis for reparative approaches to climate-induced migration. The article discusses the link between climate change and …

Penetrating The Veil: Why Congress Regulating The Sperm Donation Process Is Not Nuts!, Matthew Leung

San Diego Law Review

The Commerce Clause is one of the strongest and most expansive powers granted to Congress under the U.S. Constitution.  While its strength has fluctuated throughout history, its power will undoubtedly be important in tackling modern problems, including regulating the Wild West of sperm donation.  The rapid expansion of the commercial sperm banking industry and the rise in the need for sperm donors have exposed significant regulatory gaps in the United States.  Although these groups support family formation for individuals facing infertility, same-sex couples, and single parents, federal oversight is largely limited when screening donors.  As a result, critical issues, including …

Zero-Sum Empathy: The Supreme Court's 2025 Term Decisions On Gender Identity, Susan Etta Keller

ConLawNOW

This past term, the Supreme Court majority continued to follow a pattern of rendering transgender individuals essentially invisible in the cases that concern their rights. In last year’s United States v. Skrmetti, the transgender youth affected by the ban on transgender care were largely absent from the majority opinion holding that such bans discriminated on the basis of neither sex nor transgender status. This term, the majority continued a similar trend, deciding two cases on the emergency docket that ignored the lived experience of transgender individuals while significantly affecting them, and one case on the merits, West Virginia v. …

Grants Pass And Its New Defendants: Looking To Drug Courts To Improve Homeless Courts, Paige Kupas

Duke Law Journal

The U.S. Supreme Court's 2024 decision in City of Grants Pass v. Johnson was consequential both for the judicial system and for homeless defendants. The Court's holding that ordinances punishing sleeping and camping outside were not cruel and unusual punishments under the Eighth Amendment opened the floodgates for municipalities to either pass or enhance enforcement of such ordinances. What followed was an increase in the number of homeless defendants in the court system. Not only does this Grants Pass result put more pressure on already overburdened court dockets, but it also exacerbates an already broken system in which the most …

Chin Music: Chilling Legal Advocacy Through Executive Orders Attacking Law Firms, Robert S. Chang

Loyola Interdisciplinary Journal of Public Interest Law

Introduction to amicus brief challenging executive orders targeting law firms.

The amicus brief itself is reproduced as filed with the Supreme Court of the United States.

Buffeted By Change, Researchers Seek Continuity And Investment: Results From The Ithaka S+R Us Researcher Survey, Chelsea Mccracken, Dylan Ruediger, Ruby Macdougall

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The research enterprise in the United States, established after the second world war, is experiencing massive disruption. US colleges and universities are grappling with federal and state disinvestment and intervention at a time when AI and other technologies are reshaping how research is conducted and its findings are communicated. As a result, researchers at US higher education institutions are operating in an unstable environment. Against this backdrop, the findings from our survey of 4,003 researchers, fielded in late 2025, demonstrate that they remain committed to carrying out essential work and that they are doing so in innovative ways—through …

Marine Spatial Planning In The Asean Countries: Lesson Learned For Future Ocean Governance In Malaysia, Husni Alhan Md Salimun, Mohd Fadzil Akhir, Nazli Aziz, Che Din Mohd Safuan, Wan Izatul Asma Wan Talaat

Journal of Environmental Science and Sustainable Development

Marine Spatial Planning (MSP) has emerged as an important governance instrument for balancing ecological protection, economic development, and social inclusion amid the rapidly intensifying blue economy in Southeast Asia. Although several ASEAN Member States (AMS) have initiated MSP processes, the existing literature on MSP governance in this region  remains fragmented and largely descriptive, limiting systematic cross-country comparison and evidence-based lessons. This study addresses this gap by assessing MSP governance performance across ASEAN countries and againts internationally recognized MSP governance benchmarks. A structured narrative review was conducted using selected PRISMA-informed procedures for literature identification and screening. Academic publications from 2003 to …

Good Governance In The Concept Of Climate Justice: Decarbonisation Policies In Economic Considerations Of Losses And Sacrifices, Daryanti Daryanti, Albertus Sentot Sudarwanto, Erna Dyah Kusumawati, Rosita Candrakirana

Journal of Environmental Science and Sustainable Development

Projections of losses resulting from the impacts of climate change in Indonesia are estimated to reach USD 30.5 million, affecting four key sectors: agriculture, water supply, health, and the maritime sector. This study shows that good governance based on climate justice in the implementation of decarbonization policies is the most important factor in avoiding long-term economic losses caused by the adverse impacts of climate change or investing in climate resilience. This study employed a normative methodology using a statutory approach to examine efforts related to climate change mitigation and adaptation. The findings of this research indicate that regulations in Indonesia, …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …