Digital Commons Network^™

Law And The Self-Coordinating Market Idea, Sanjukta Paul

Articles

Much of the focus of the live Symposium was on comparing existing scholarship associated with two intellectual communities. I have no objection to that enterprise in the abstract, though I think it is a bit premature where law and political economy (LPE) is concerned and sets up an apples-to-oranges comparison to the decades-old streams of work and thinking in law and economics (L&E). But I would rather use the privilege of the space in this written Symposium to sketch what I believe is the ultimate substantive nub of contestation in this conversation about the core subject matter of “the economy” …

Concurrent Regimes For The Concept Of “Common Heritage” In Seabed Mining, James Kraska, Digvijay Rewatkar

International Law Studies

This article examines the re-emergence of unilateral deep seabed mining by the United States and its implications for the concept of the common heritage of mankind. Triggered by Executive Order 14285 and the resurrection of the Deep Seabed Hard Mineral Resources Act, the U.S. approach challenges the multilateral framework established under Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Implementing Agreement. While the prevailing view holds that unilateral seabed mining is prohibited by customary international law and that only the International Seabed Authority (ISA) may lawfully operationalize the common heritage principle, …

Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Alaska, Steven A. Rhodes, Zachary H. Barrett, Kizito Aidam

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Gendered Harms In Armed Conflict: International Legal Responses To The Gendered Effects Of The War In Sudan, Naima Dams

Theses and Dissertations

This thesis interrogates how international law conceptualizes, prosecutes, and ultimately limits the understanding of sexual violence in contexts of war and displacement. Drawing on feminist legal theory, postcolonial critique, and ethnographic fieldwork with Sudanese women displaced in Egypt, it questions the dominant legal framing of conflict-related sexual violence (CRSV) as episodic, exceptional, and individualized. Instead, it reveals sexual violence as structural, continuous, and embedded in the everyday realities of racialized, gendered, and colonial harm.

Through ethnographical narratives, the study exposes how survivors' experiences often exceed the legibility frameworks of humanitarian and legal institutions, which prioritize spectacular, forensic evidence over slow, …

Kriminalistik, Pengungkap Materiele Waardheid, I Nyoman Nurjaya, S.H.

Jurnal Hukum & Pembangunan

Abstract

Hak-Hak Azasi Manusia Menurut Undang-Undang Dasar 1945 Dan Penjabarannya Di Dalam Hukum Perjanjian Nasional, Ny. Mariam Darus Badrulzaman

Jurnal Hukum & Pembangunan

Abstract

An International Human Rights-Based Approach To Reducing Maternal Mortality And Enhancing Safe Motherhood In Africa, John Mukum Mbaku

San Diego International Law Journal

In 2015, the U.N. General Assembly (UNGA) noted that almost fifteen years after the global community had agreed to the Millennium Development Goals (MDGs), which provided an important framework for economic and human development, significant progress has been made in several areas. However, the UNGA explained that many developing countries have not been able to achieve the MDGs, especially those goals related to maternal and reproductive health. Although the global maternal mortality rate has declined significantly, only 50% of pregnant women in developing countries receive the recommended minimum of four antenatal care visits. Additionally, complications suffered during pregnancy and childbirth …

Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher

San Diego International Law Journal

Russia’s invasion of Ukraine and China’s accelerating military modernization underscore the need for the United States and its allies to reinforce their defense industrial bases to deter and prevail in future conflicts. This paper examines the historical and strategic foundations driving the need for export control reform, identifies key U.S. export control laws governing defense coproduction and co-development, and analyzes how current regulations constrain allied industrial integration. It concludes by proposing solutions to streamline export control regulations to improve the strength and resilience of the modern defense industrial base.

Revisiting Eli Lilly V. Canada: Judicial Interpretation Of Ip Law And Exposure To Investor-State Disputes, Yumu Chen

Duke Law & Technology Review

Eli Lilly v. Canada was an investor-state dispute settlement (ISDS) case widely noted for signaling a regime shift in intellectual property (IP) protection from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to ISDS. Its true yet often overlooked significance, however, lies in being a case of first impression on whether judicial interpretation of IP law may serve as a basis for state responsibility independent of denial of justice. To bridge that gap, this Note undertakes a close reading of the novel doctrinal discussion in Eli Lilly and related precedents, drawing implications for the broader theory of state …

Tinjauan Terhadap Perkembangan Delik-Delik Khusus Masyarakat Yang Mengalami Modernisasi, Mardjono Reksodiputro, S.H., M.A.

Jurnal Hukum & Pembangunan

Abstract

Mahkamah Agung Cegah Berubahnya Tujuan Adopsi, Detty Tangkudung, S.H.

Jurnal Hukum & Pembangunan

Abstract

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Mahmoud V. Taylor: A Significant Victory For The Religious Rights Of Parents With Children In Public Schools, Rena M. Lindevaldsen

Liberty University Law Review

The Supreme Court’s June 2025 decision in Mahmoud v. Taylor unmistakably accomplished two things: it strengthened the Free Exercise Clause protections of the First Amendment, and it weakened the ability of schools to press an ideological agenda on matters of human sexuality and gender identity when the materials substantially interfere with the religious development of children. After Montgomery County refused to exercise its discretion to give parents notice and the right to opt their elementary-aged children out of objectional material concerning gender identity and sexual orientation, several parents and a non-profit organization sued, alleging free exercise and parental rights claims. …

Laporan Lengkap Promosi Doktor Tapi Omas Ihromi, Tapi Omas Ihromi

Jurnal Hukum & Pembangunan

Abstract

Laudato Si’ And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia

Fordham Environmental Law Review

No abstract provided.

Algorithmic Chopin—Musical Authorship In The Age Of Artificial Intelligence, Eyal Brook

Chicago-Kent Journal of Intellectual Property

No abstract provided.

More Than Mere Semantics: Why Virginia Cannot Force Preferred- Pronoun Mandates On Public School Teachers Under Virginia’S Religious Freedom Restoration Act, Isaac Rizkallah

Liberty University Law Review

Right now, school administrators and jurists across the nation are wondering how to address the legal implications of the transgender movement in public schools. In response, many public schools have adopted policies requiring teachers to identify transgender students by their preferred pronouns. These preferred-pronoun mandates have created face-offs between the personal preferences of transgender students and the religious tenets of teachers. As a result, school officials and courts around the United States find themselves wedged between this clash.

Unfortunately, the tension is often resolved at the teachers’ expense. But what are the consequences? Homogenization of thought and belief among public …

Actual Innocence In Virginia: Why The Requirements For A Successful Writ Must Remain Limited, Cameron D. Barshinger

Liberty University Law Review

Benjamin Franklin once said, “It is better a hundred guilty persons should escape than one innocent person should suffer.” To achieve this goal, the Commonwealth of Virginia has implemented a system through which a falsely convicted person is given another opportunity to prove his innocence: writs of actual innocence. A writ of actual innocence provides a second chance to a person wrongfully convicted of a crime. It can allow a “murderer” to prove his innocence and expunge his record after falling short of convincing a judge or jury at trial. Virginia has strict requirements for those seeking writs of actual …

When Earth’S Lungs Collapse: How Wetland Loss Threatens Air Quality After Sackett V. Epa, Julia A. Hicks

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry

Theses and Dissertations

This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

Father Of The Bride: Vindicating Deanda’S Claim Against 42 C.F.R. § 59.10(B), Matthew S. Mcguire

Helms School of Government Undergraduate Law Review

Across the judicial landscape of U.S. Circuit Courts of Appeals, no state shall deprive any person of life, liberty, or property, without due process of law or at the prerogative of Congress and HHS. Veiled behind the complexity of administrative law, 42 C.F.R. § 59.10(b) precludes parental consent notifications for all Title X services for all parents. In 2020, the HHS Final Rule came to light after the District Court for the Northern District of Texas vacated the directive. Although the 5th Circuit affirmed and reversed in part, HHS does not enforce § 59.10(b) in Texas. For the rest of …

The Fourth Amendment’S Failure To Protect Against Mass Dna Collection At The Border, Zoe Holtzman

Duke Law Journal

The U.S. government has long surveilled immigrant communities by collecting identifying information, including biometric data. The passage of the DNA Fingerprint Act of 2005 expanded the possible sources of data to include DNA. In 2020, the Trump administration seized on the permissive language of the statute to require that DNA be collected from nearly every noncitizen detained by the federal government. Now, 2.6 million noncitizens and counting have their DNA permanently stored by the federal government. This expansive surveillance program operates despite the Fourth Amendment’s promise of protection because of the exceptionalism of both DNA searches and the border in …

"The Persistent And Muddy Dispute": How The Facial/As-Applied Distinction Creates Problems For Constitutional Litigants, Sean P. Wilson

Duke Law Journal

The distinction between facial and as-applied challenges continues to play a central role in constitutional litigation, including at the Supreme Court. Yet, the distinction and its related rules have long suffered from a lack of doctrinal clarity and consistency. This Note sets out a descriptive taxonomy of three problems facing constitutional litigants because of the murkiness surrounding the facial/as-applied distinction.

First, the “Doctrinal-Test Problem” refers to the fact that many constitutional doctrines appear to require the courts to engage in facial adjudication, even if a litigant wishes to bring an as-applied claim. Thus, as-applied litigants are forced into facial challenges, …

Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar

Public Land & Resources Law Review

WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection Serv. Wildlife Services considers whether Predator Damage Management (“PDM”) programs in Wilderness Areas violate the Wilderness Act and whether the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services (“Wildlife Services”) violated the National Environmental Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife Service …

Forward Momentum

DePaul Magazine

Mission: Forward, the most ambitious philanthropic campaign in DePaul’s history, is fueling purpose-driven education to solve society’s biggest challenges. Learn and watch videos about DePaul programs and initiatives that exemplify the campaign through academic innovation, interdisciplinary collaboration, service-oriented community partnership and activist scholarship.

Competition Law In The Age Of Sustainability: Regulatory Challenges And Strategic Responses, Emrah Kulakli, Serhat Yüksel, Serkan Eti, Hasan Dinçer

Yearbook of Antitrust and Regulatory Studies

The increasing emphasis on sustainability has intensified tensions with competition law, particularly when cooperative initiatives create risks for market competition or consumer welfare. The main challenge is to identify regulatory strategies that balance sustainability objectives with competitive market principles. This requires a systematic assessment of both sustainability benefits and competition related risks. Existing studies largely rely on legal discussions or case-based evaluations and provide limited quantitative guidance for prioritizing regulatory approaches. This study addresses this gap by proposing a structured decision-making framework to reduce conflicts between sustainability goals and competition law. A hybrid model is developed by integrating spherical fuzzy …

Patents In Paradise: The Evolution Of Patent Law In The Cayman Islands, Andrew W. Torrance, Andrew P. Morriss, Lisa C. Friedman

Georgia Journal of Law & Technology

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of …

The Transatlantic Clinical Trial Transparency Gap, Gabriela Lenarczyk

Georgia Journal of Law & Technology

Clinical trial data occupy a contested space between private commercial assets and public goods. While the United States Food and Drug Administration (FDA) has historically shielded these data through expansive trade-secret interpretations, the European Union (EU) has adopted a more open disclosure regime. This Article compares the two regimes and traces how the EU’s two-decade journey toward transparency has become a key reference for researchers and advocates of open data-sharing.

Focusing on EU practices—targeted redactions, time-bound access, granular disclosure guidelines—the paper shows that U.S. objections to broader transparency often rest on overstated concerns about competitive harm. A Filspari (sparsentan) case …