Digital Commons Network^™

Presentation On Scientific Activities Related To Environmental Law, Mahjoub El Haiba El Haiba

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Environmental problems have a global character due to the interdependence of biosphere components, yet they also have significant local dimensions. Climate change and the greenhouse effect, which have intensified in recent decades, pose serious threats to biological balance and endanger human, plant, and animal life. While these issues demand global solutions, local responsibility remains crucial, as the causes and impacts vary across regions. This presentation highlights the scientific activities of the Moroccan Association for Environmental Law, which organizes events—such as roundtables on ozone layer protection—aimed at bridging scientific knowledge and legal frameworks to address both global and local environmental challenges …

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …

Should I Stay Or Should I Go? The National Flood Insurance Program And Where We Go When The Next Storm Hits, Kevin Fitzpatrick

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …

Ai-Assisted Inventorship: A Problem For Inventive Conception, Rana Matared, Harut Minasian

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

Syarat Usia Presiden Dan Wakil Presiden Dalam Perspektif Konstitusi Dan Konstitusionalisme: Makna Dan Kriteria, Ardhes Blandhivay Leuanan, Mei Susanto

Jurnal Konstitusi & Demokrasi

In order to investigate the inconsistent interpretations of the Constitutional Court regarding the age requirements for presidential and vice-presidential candidates, this study will analyze the dynamics of determining age requirements from the perspective of the 1945 Constitution and the principles of constitutionalism. A socio-legal approach is used in the normative research method to analyze the Constitutional Court's decisions in light of the social and political factors that shaped them. According to the results, Constitutional Court Ruling No. 90/PUU-XXI/2023 marks a turning point in the evolution of Indonesian constitutional law. Initially, there was no strict interpretation of the age limits for …

Reorientasi Kebijakan Pelindungan Anak Terhadap Adiksi Internet Dalam Perspektif Pemenuhan Hak Konstitusional Di Indonesia, I Kadek Agus Aditya Firmantara, Bagus Hermanto

Jurnal Konstitusi & Demokrasi

This article examines the paradigm shift in child protection policy in the digital environment through Government Regulation Number 17 of 2025 concerning the Governance of Electronic System Providers for Child Protection (PP TUNAS) from the perspective of fulfilling children's constitutional rights in Indonesia. The study is motivated by the increasing use of the internet by children, which not only exposes them to risks such as harmful content, sexual exploitation, and misuse of personal data, but also creates the risk of internet addiction that may adversely affect children's health, education, and overall development. Despite these concerns, internet addiction has not been …

Gender Perspective(S): Lessons From International Human Rights Law To Defend Against Pregnancy Related Prosecutions, Megan Osadzinski

Northwestern Journal of Human Rights

The criminalization of pregnancy outcomes—such as miscarriages, abortion, obstetric emergencies, and stillbirth—is a violation of fundamental human rights guarantees; including the right to a fair trial when read in conjunction with the right to equality and the right to health. This article outlines state obligations under international human rights law toward women charged in pregnancy prosecutions, translating them into national criminal defense strategies using a gender perspective. Using intersectional theory, this article calls for the use of a gender perspective to challenge such prosecutions as unlawful gender-based discrimination and a gendered violation of due process, using the case study of …

The Hunting Charge, Omar Mounir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Written in the form of a deliberately polemical essay, this text challenges the very concept of the 'hunting permit' and proposes to replace it with that of the 'hunting charge', effecting a conceptual revolution with profound legal implications regarding the status of game and the rights and duties of hunters. The author denounces the dominant mentality of hunters who, armed with their paid permit, believe themselves authorised to harvest without limits or responsibilities, ignoring the biological cycles of game, the issues of species balance, and the fragility of the environment, and assimilating hunting to a simple 'purchased right' rather than …

Unfriending The Kids: The Problematic Race To Childproof Social Media, Randolph A. Robinson Ii

Cleveland State Law Review

A growing number of states have recently enacted new laws with the goal of protecting young people from potential harm allegedly caused by social media use. These laws are diverse in their approaches but broadly seek to limit youth access to social media platforms by imposing age verification and parental consent requirements. These laws directly implicate the First Amendment rights of both young users who will no longer be able to access speech or speak on social media platforms as well as adult users who must now submit to age verification to access these quintessential forums for political discourse.

These …

From Maps To Meadows: Ecologically Literate Zoning And The Regeneration Of Wildlife Habitats, Jonathan Rosenbloom

Cleveland State Law Review

For more than a century, zoning has shaped the American landscape, often at the expense of wildlife and ecosystems. Rooted in legal doctrines that treated animals as property and nature as a raw material, zoning codes have fragmented habitats, erased migration corridors, and accelerated biodiversity loss. At the same time, federal protections are narrowing, leaving critical gaps in environmental governance. This Article argues that local governments possess both the authority and the obligation to respond. By embedding ecological principles into zoning—through conservation districts, wildlife corridor protections, wetland buffers, pollinator protections, dark skies, wildlife fencing, habitat restoration, and others—municipalities can transform …

An Era Of Silent Overruling: Lack Of Transparency In The Supreme Court And The Expanding Unworkability Doctrine, Sydney Washburn

Cleveland State Law Review

This Note examines the Supreme Court’s growing practice of “silent overruling," the effective displacement of precedent without explicit acknowledgment, and argues that this phenomenon threatens transparency, stability, and public trust in the judiciary. While the doctrine of stare decisis is intended to promote consistency and predictability, the Court has increasingly relied on the vague and discretionary “unworkability” doctrine to justify departing from precedent without clearly articulating its reasoning. Focusing on the Court’s recent decision in City of Grants Pass v. Johnson, this Note argues that the Court silently overruled Robinson v. California while purporting not to reconsider it. In …

After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey

Indonesian Journal of International Law

Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …

The Soil Crisis In Modern Food Systems: Rethinking Agricultural Land Use, Antonia Moure Richard

Journal of Food Law & Policy

Feeding a larger world while preserving the resource that makes agriculture possible—soil—poses a governance problem. By 2050, food systems must support 9.8 billion people even as prevailing practices continue to degrade soils that are non-renewable on human timescales. Technological fixes (e.g., vertical farming, hydroponics) may complement production, but they cannot substitute for soil at scale. The question that follows is simple: are current uses of soil compatible with the future needs of food systems? This article argues that without a shift in governance, short-run productivity gains are achieved by drawing down the soil asset, thereby undermining long-run food security and …

Shipwrecks: A Genuine Pollution Risk, Farid Hatimy

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Marine pollution, defined as the introduction by humans of substances or energy into the marine environment causing harmful effects, is often associated with major maritime accidents. Modern vessels carrying immense cargoes and large quantities of fuel pose significant threats when reduced to shipwrecks through incidents such as breakage, grounding, sinking, or explosion. These shipwrecks represent a genuine risk of accidental—rather than operational—pollution. The author examines how such maritime disasters endanger marine ecosystems, biological resources, human health, and maritime activities including fishing and leisure, highlighting the critical need for effective prevention and intervention measures.

The Child Born Out Of Wedlock In Morocco, Mohamed Chafi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Unlike French law, which recognises legitimate, natural, adulterine, and adoptive filiation, Moroccan law only acknowledges legitimate blood filiation. Marriage is the exclusive foundation of family ties; adoption is formally prohibited, and extramarital sexual relations as well as adultery are criminally sanctioned. A child born out of wedlock cannot be recognised by the father nor establish natural paternity, nor can the father legitimise the child through subsequent marriage. Consequently, the illegitimate child finds themselves in a situation comparable to that of adulterine children in pre-Revolutionary France, effectively devoid of any legal relationship with their biological father.

Canada’S Contributions To International Legal Discourse: Gender, Genocide, And Neocolonial Investments (2015–2025), Heidi Matthews

Articles & Book Chapters

This chapter critically evaluates Canada’s major points of engagement with international law in the period between 2015 and 2025. In partnership with European and Commonwealth allies, Canada has been an active participant in several contentious cases at the International Court of Justice (ICJ), including against Myanmar, Syria, and Afghanistan. Canada has taken progressive legal positions in this litigation with respect to the interpretation and application of international law as it relates to sexual and gender-based crimes, as well as abuses committed against children. However, the past decade also reveals that Canada’s policy responses to its genocide and other crimes against …

Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry

BYU Law Review

Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …

Fundamental Rights And Fair Fights: Holding Out For Legal Patent Recognition Under State Multiparent Recognition Statutes, Heather Kolinsky

Loyola of Los Angeles Law Review

This Article considers the impact of the behavioral proxy of holding out to establish legal parenthood, and how that proxy functions in new statutory frameworks designed to recognize more than two legal parents for a child. Holding out was originally conceived as a mechanism to allow unmarried biological fathers to seek legal parent status. Holding out has been extended to intended and intentional parents in surrogacy and assisted reproductive technology as well as to married and unmarried same sex partners. In these iterations, holding out has facilitated legal parent recognition as the modern family form has evolved to include more …

The Joy And Privilege Of Social Justice Lawyering: Fulfillment Through Integrating Work And Life, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

No abstract provided.

Deep Seabed Mining And The Law Of The Sea: Strategic Competition, Institutional Failure, And The Third Age, Michael W. Lodge

International Law Studies

Edited and annotated speech by Michael Lodge, former Secretary-General of the International Seabed Authority (2017–2024), delivered at the U.S. Naval War College, Newport, Rhode Island, on March 11, 2026.

Should I Supersede Or Should I Go: Individual Protection And Private Company Interests In Implementing A Federal Biometric Privacy Law, Jessica Oshanani

Journal of Civil Rights and Economic Development

(Excerpt)

Section I of this Note will define and discuss biometrics. Section II will discuss key biometrics legislation and Section III will explain the impact of BIPA on other state biometric privacy laws.

Next, Section IV will explain the impact of biometric privacy violations and separate controlling state laws on individuals, while Section V will explain the impact of biometric data laws on private companies.

Section VI will identify potential federal laws on the horizon, then Section VII will explain the concept and application of preemption.

Finally, Section VIII will discuss the benefits of administrative agency overview, and Section IX …

A.A. V. J.M.: The Virginia Court Of Appeals Excludes A Whole Class Of Prospective Adoptive Parents, Paul A. Dryer

Liberty University Law Review

A set of “bad facts” ultimately led to undesirable legal precedent and unintended consequences with respect to the “power to render” adoptions in Virginia. In 2019, Baby Doe was left orphaned in Afghanistan after her parents were killed as a result of military operations in the country. After Baby Doe was taken to the U.S. Bagram Air Force Base for treatment, Joshua Mast (J.M.)—a member of the Marine Corps Judge Advocate—attempted to obtain custody of Baby Doe out of fear for the adequacy of medical care if she were to remain in Afghanistan. J.M. and his wife petitioned the Fluvanna …

From Acrimony To Forgiveness: How Adolescents Make Sense Of Childhood Maltreatment, Katherine Irwin

Qualitative Criminology (QC)

"This paper examines 16 adolescents’ narratives about the abuse they experienced during childhood. To date, most research examining child abuse (CA) survivorship and recovery has been conducted with adults who look back on their early experiences. Consequently, this study fills gaps in our knowledge by offering a youth-centered view of survivors’ efforts to cope with CA. The data come from a 12-year qualitative study of a group counseling program for high school students in Hawaiʻi. The findings revealed that a minority (n = 2) of the teens had negative views of their lives and futures, while the majority (n = …

A Content Analysis Of The Sutherland Address, 2001-22: A Qualitative Exploration, Phillip Shon

Qualitative Criminology (QC)

"Previous indicators of scholarly influence have been primarily quantitative, measuring a scholar’s influence through citation counts. This body of literature has overlooked the reflections of distinguished scholars, such as the recipients of the Sutherland Award, in the discipline as a form of scholarly influence. The current paper examines the Sutherland Address from 2001 to 2022. The key findings indicate that the majority of Sutherland Addresses reproduced existing sociological canons, while a minority of Sutherland Award winners explicitly rejected Sutherland’s sociological assumptions and their influence on criminology. Such findings suggest that Sutherland exerts a hidden influence on the recipients of the …

The Unspoken And The Unseen: An Analysis Of Victim Gender And Linguistic Framing Of Sexual Assault In Judicial Discourse, Sarnika Ali

Quantitative Social Science Undergraduate Senior Theses

Sexual assault is a profound legal and social crisis. However, it is also fundamentally a linguistic one. The words used, or conspicuously not used, to describe victims, perpetrators, and their actions are not neutral arbiters of fact. They are powerful mechanisms that shape perceptions of harm, attributions of blame, and assignments of credibility. The central battleground for survivors is credibility, and while a “credibility discount” is often applied to female victims, the male victim is rendered nearly invisible. This research is therefore guided by one central, overarching question: how does a sexual assault victim’s gender influence the judicial language used, …

The Paradox Of Palestinian Exile: Unrwa, Structural Limbo, And The Manufactured Crisis Of The Right To Return, Laila Ibrahim Hassan Elkassas

Theses and Dissertations

This thesis argues that the temporariness of Palestinian exile has been turned into a manufactured limbo that is sustained by international law, humanitarian governance and host- country regimes. It uses General Assembly Resolution 194 and the broader human rights regime to show how the right to return is constantly reaffirmed but structurally postponed, resulting in a gap between legal promise and political reality. Drawing on Edward Said’s notion of exile as an unhealable rift, Pierre Bourdieu’s concept of habitus and Didier Fassin’s thinking on humanitarian reason, the thesis constructs a multi-scalar framework that conceptualizes limbo as existential experience, embodied practice …