Digital Commons Network^™

How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin

Williams Honors College, Honors Research Projects

This study examines how traditional and social medai shape public perception of U.S. Supreme Court decisions on Civil liberties, focusing on four landmark cases: Dobbs v. Jackson, District of Columbia v. Heller, Materpiece Cakeshop v. Colorado Civil Rights Commission, and Obergfell v. Hodges. Using Entmans framing theory, the research analyzes how tone, language, emphasis, and ideological slant differ across media platofrms and how these frames infleunce public attitudes, insitutional trust, and civic understanding. A mixed-methods design combines archival media analysis, national polling data from Pew Rsearch Center and gallup, and an independent survery to asses how media narratives, rather than …

Goalkeeping, Not Goaltending: Young Athletes’ Welfare And The Necessity Of Minimum Age Limits In Professional Sports, Melissa A. Tan

Student Works

No abstract provided.

The Indirect Taxes, Conor Clarke, Ari Glogower

Scholarship@WashULaw

Article I of the Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises.” It is arguably Congress’s most important power. A government’s first task is to fund itself, and the absence of an enforceable funding mechanism under the Articles of Confederation was a primary reason for the Constitution in the first place. Yet scholarly and judicial attention has focused mostly on the term “taxes” (and specifically what constitutes a “direct tax” that must be apportioned) while largely overlooking the three terms that follow—the duties, imposts, and excises that are collectively known as the “indirect taxes.” 

While poorly …

When The State Becomes Sacred: Civil Religion And The Limits Of Church-State Separation, Chyna Walker

Student Works

No abstract provided.

The People, The Branches, And The Pearl Of Independence, Brian C. Murchison

Hofstra Law Review

What will be the fate of the independent agencies? Since 1887, Congress has seen fit to address an array of contemporary issues by creating expert federal agencies, such as the Interstate Commerce Commission, the Federal Trade Commission, the National Labor Relations Board, and others. The principal officers of these agencies are appointed by the President on advice and consent of the Senate, serve limited staggered terms, are bipartisan in the sense that only a bare majority of the agency’s officers can be members of the same political party, and are “independent” in the sense that the officers are removable only …

When Lawyers Attack The Rule Of Law: The Rise Of Autocracy In America, Scott L. Cummings

Hofstra Law Review

No abstract provided.

"None Of This Is Normal": The Golden Age Of Legal Bribery, James J. Sample

Hofstra Law Review

No abstract provided.

The Morality Of Legality, Cass R. Sunstein

Hofstra Law Review

The Morality of Legality holds that it is a moral wrong, and essentially taboo, for those who work in the executive branch to act unlawfully, even if high-level officials much want to act unlawfully, even if circumstances clearly call for the action in question, and even if there is a strong public demand for the unlawful action. The Morality of Legality is less innocuous and more directive than it might seem. It is a red light; it is a conversation-stopper; it empowers law and lawyers. Those who are committed to it will not engage in unlawful action even if no …

Legislation Is Hot: Reforming The Troubled Teen Industry In California, Jaclyn Ragusa

Hofstra Law Review

No abstract provided.

Reasserting Congressional Authority In National Security In The Post-Chadha Era, Jacob Shaffer

Hofstra Law Review

No abstract provided.

The Flexibility Of The Rule Against Perpetuities As Applied To Mineral Top Leases, John W. Ponder

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.

Opening The Door: Copyrightability Of Interpreted Seismic Models After Gsi V. Tgs, David Logan

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Beneath The Surface: Addressing The Ownership And Development Rights Of Geothermal Energy Resources Under Oklahoma Property Law, Kobe K. Gipson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Aesthetic Considerations In Nuisance Claims Against Texas Wind Farms, Ellie Duggan

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Ownership Of Produced Water And The Path To Domestic Lithium And Critical Mineral Commercialization, Emily Davis

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.

Editor's Introduction & Front Pages, Louis W. Krivanek Iv

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Resurrecting Section 3 Of The Clayton Act, Michael Swerdlow

University of Miami Law Review

Section 3 of the Clayton Act was meant to supplement the Sherman Act with a more stringent prohibition of restrictive sales practices. The Supreme Court repeatedly held that section 3’s text is unambiguous and rejects the Sherman Act’s rule of reason. Yet since the 1980s, lower courts have effectively nullified section 3 by applying rule of reason analysis, treating section 3 as superfluous to the Sherman Act. This shift, unsupported by empirical evidence, relied on Chicago and Harvard school scholarship that redefined the meaning of “competition” and argued for the unification of both statutes. This Article demonstrates that unification constitutes …

Supporting Scientific Research: State Grants And Viewpoint Discrimination – A Response To Lisa Larrimore Ouellette’S “Government Research Funding And The First Amendment, Robert C. Post

Emory Law Journal Online

No abstract provided.

Dicta’S Danger: The Lingering Nuisance Of Abel V. United States, Meg Penrose

University of Miami Law Review

This Article urges judges and lawyers to avoid relying on dicta when making legal claims. Dicta can cause confusion and generate incorrect legal conclusions. The most recent instance of dicta’s danger involves legal guidance on immigration arrests provided by the Department of Homeland Security’s General Counsel. Counsel erroneously relies on dicta from a 1960 Supreme Court case, Abel v. United States, in advising that law enforcement can legally enter a home armed solely with an administrative immigration arrest warrant. They cannot. The cited dicta precede binding Supreme Court precedent holding that the Fourth Amendment draws a firm line at …

Preserving Pickering, Deepa Das Acevedo

University of Miami Law Review

In the aftermath of Charlie Kirk’s assassination, the terminations of employees across dozens of industries and geopolitical environments shocked Americans into wondering whether they had workplace speech rights at all. Indeed, the promise of workplace speech freedom has been narrowing for decades—even for public employees, who enjoy more protections than private employees thanks to the Supreme Court’s landmark 1968 decision Pickering v. Board of Education.

Pickering held that the First Amendment prevents a public employer from summarily dismissing employees based on private speech regarding matters of public concern. Although Pickering’s protections have been narrowed and although they formally …

Cruel By Design: Reclaiming The Eighth Amendment From The Feasible-Alternative Requirement, Heath C. Newman

University of Miami Law Review

For more than two centuries, the Eighth Amendment’s prohibition on “cruel and unusual punishments” has stood as a safeguard against the barbarous and excessive exercise of state power. Rooted in the English Bill of Rights of 1689 and adopted by Framers who denounced torturous punishments, the Amendment was designed to protect the condemned from needless suffering. Yet, under the Supreme Court’s modern method-of-execution jurisprudence, that protection no longer turns on whether the state’s chosen method will inflict extreme pain, but on whether the prisoner can identify a feasible alternative way to die. The feasible-alternative requirement—developed in Baze v. Rees, Glossip …

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: Executive Power - The Supreme Court Relies On Historical Context To Protect The Federal Reserve's Independence In Trump V. Cook, Charles Britton

ConLawNOW

The Supreme Court in Trump v Cook carved out an exception for the Federal Reserve Bank to the unfettered right of the president to terminate administrative employees at will, a right it established the same day in Trump v. Slaughter. Rather than entirely eliminating the need for “cause,” the Court maintained the requirement in the bank context and defined it as something more than just a reason to dispose of a political adversary. The Court relied on historical and traditional support for insulating the Federal Reserve and pragmatism to protect against national economic turmoil. This Note explains how the …

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 …

Materiality In Saudi Real Estate Development Contracts: Comparative Jurisprudence And Cross-Border Disputes, Abdulrahman Mohammed Alzeer

Hasanuddin Law Review

The Saudi Civil Transactions Law (CTL) contains materiality-related standards that apply at different phases of the contract life cycle as separate doctrines rather than as an overarching doctrine. Article 74 uses a counterfactual analysis of partial invalidity and severability, while Articles 95 and 107 address the characteristics or purposes of contractual performance and the consequences of non-performance. The difficulty is not a conflict between Articles 74 and 107, but the absence of a unified analytical model for assessing the significance of non-performance under provisions on performance, interpretation, defect, and remedy. This article addresses these fragmented CTL elements and contends that …

From Classroom To Courtroom: Cross-Jurisdictional Legal Protections For Teachers In Student Disciplinary Cases, Sapto Budoyo, Nadea Lathifah Nugraheni, Praditya Arcy Pratama, Mahyuddin Bin Arsat

Hasanuddin Law Review

Legal protections for teachers in student disciplinary cases are increasingly urgent. This study investigates the legal protections afforded to teachers in managing student disciplinary cases in Indonesia and Malaysia, highlighting how legislative frameworks, sociocultural influences, and institutional mechanisms shape teachers' rights and responsibilities. Using a comparative legal approach, the research analyzes statutory provisions, policy directives, and educational practices in both jurisdictions. The comparison indicates that Malaysia offers a more institutionally structured framework by defining school-level disciplinary authority and separating authorized disciplinary measures from individual teacher discretion. This framework balances educator autonomy with student rights, although gaps remain in enforcement and …

Criminal And Administrative Liability For Money Laundering In Automated Digital Insurance Brokerage: An Oman-Centred Comparative Analysis, Omar Musbih, Ghazi Ayed Alghathian

Hasanuddin Law Review

The digital transformation of Gulf insurance intermediation creates difficulties applying anti-money laundering (AML) rules where customer assessment, transaction processing, and compliance decisions are materially automated. This study examines how Omani law allocates criminal and administrative responsibility for money laundering in automated digital insurance brokerage, using Saudi Arabia and the United Arab Emirates (UAE) as functional comparators and the European Union (EU) as a supranational benchmark for preventive regulation and systems governance. A doctrinal-comparative methodology analyses AML legislation, penal provisions, electronic-insurance regulation, digital-governance instruments, and publicly accessible judicial and supervisory materials through a qualitative comparative matrix. Three interconnected gaps emerge: a …

Cumulative Reasonableness: A Doctrine Of The Combined Effect Of State Intrusions, Tonja Jacobi

Texas A&M Law Review

The Supreme Court has recognized that a single state action, such as forced surgery to retrieve a bullet as evidence, can be so intrusive as to be unreasonable, even when police have probable cause and a warrant. Yet, the Court permits significant intrusions into a person’s privacy and bodily integrity when the state acts in multiple steps. It permits police to, among other things: subject a person to a stop, even when that stop was driven by racial discrimination; use evidence found in a search of the person, even when the stop was illegal; arrest that person, even when the …