Digital Commons Network^™

The Principle Of Legal Certainty In Criminal Legislation As A Pillar Of The Legality Of Crimes And Punishments, Ali Qasim Abu Al-Hail, Jalal Al-Din Qiyasi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This study examines and analyzes the “Principle of Legal Certainty in Criminal Text” as an indispensable substantive pillar for activating the principle of legality of crimes and punishments in contemporary legal systems. The research problem stems from the reality of legislative practice, which frequently falls into the trap of using vague and elastic formulations under the pretext of combating evolving crimes. This vagueness destroys legal certainty, deprives individuals of the predictability of criminal behavior, and implicitly shifts the de facto power of incrimination from the legislator to the judge. To address this issue, the study adopts an analytical-rooting approach, supported …

Rodrigo’S Weather Report: Is The Sky Falling?, Richard Delgado

Minnesota Journal of Law & Inequality

In the latest installment of the Rodrigo series, the main character and his straight man discuss what has come to be called sanewashing, focusing on the Administration’s many contrived emergencies to accomplish objectives that would otherwise be flatly illegal.

Appellate Oral Argument In The Federal Courts Of Appeals: A Vestige Of The Past, Or A Vital Check On Intuitive Decision-Making?, Jessica K. Webb

Faculty Publications

No abstract provided.

U.S. Service Member To Counseling Student, Nicole Marie Arcuri Sanders, Kellie Forziat-Pytel

Journal of Counselor Preparation and Supervision

This qualitative descriptive study examines the absence of military career pathways for licensed mental health counselors (MHCs) and the impact of this structural limitation on service members' career transitions. Findings indicate that both combat and non-combat veterans pursued mental health counseling due to personal service-related mental health experiences and dissatisfaction with available care while in service. Despite these challenges, many participants expressed a strong desire to continue serving their country as professional counselors. Over half of the participants reported separating from the military because no occupational role existed for licensed MHCs. At the same time, most indicated they would have …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

A Phenomenological Study Of The Experiences Of Black Students In Criminal Justice Programs And Its Implications On Social Justice, Demetrius C. Dacres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the experiences of Black students who graduated with degrees in criminal justice within the last five years, as well as professors serving criminal justice programs. In this study, Black students are defined as those who identify as Black or African American, and the research focused on a criminal justice higher education institution’s educational program in the Northeast. This qualitative phenomenological study drew on Lent’s Social Cognitive Career Theory and Tinto’s Student Integration Model to investigate how Black students experienced criminal justice programs and the resources and strategies they utilized to navigate and adapt. The study addressed a …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

The Case For Fixing The Unprincipled Residence Tax Exemption, Samuel Singer, Allison Christians

Osgoode Hall Law Journal

When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide “basic shelter” for its owner-occupants.

The principal residence tax exemption has since become one of Canada’s biggest tax shelters and now amounts to one of Canada’s largest tax subsidies to individuals. Along the way, it has created economic distortions, administrative challenges, and inequitable distributive outcomes. While lawmakers have occasionally …

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

The Rights Of Religious Minorities In Sudan: A Case Study Of Armenians, Jon Armajani

The Journal of Social Encounters

This essay examines the constitutions of the Republic of Sudan and minority rights, with a focus on Armenians in that country.  It provides (1) the demographics of Sudan; (2) an overview of the Armenians of Sudan; (3) a history of Sudan’s constitutions; (4) an analysis of their provisions and related laws on minority rights, citizenship, naturalization, and inheritance; (5) an overview of Sudan’s civil war, which began on April 15, 2023, and (6) a concluding section which analyzes risks to Armenians and other religious and ethnic minorities in Sudan.

A Catalyst For Change: The Extraordinary Anaka Women’S Collective During The June 2026 Belfast Pogrom, Dianne Kirby

The Journal of Social Encounters

Prompted by the pogrom that erupted in Belfast in June this year, this article explores how a women’s collective, Anaka, established by female asylum seekers, refugees and migrants (ASRMs) less than a decade previously, took the lead in ensuring the safety and welfare of the city’s migrant communities in a context where they were horrifically failed by police and politicians, by the state and the institutions meant to protect them. Anaka began as a small-scale endeavour to mitigate the difficulties confronting women struggling to navigate a harsh asylum system. It became a widely respected advocacy and campaigning group for ASRMs. …

Operation Metro Surge In Central Minnesota: A Personal Perspective, Pedro A. G. Dos Santos

The Journal of Social Encounters

This essay provides a personal account, grounded in social science intellectual traditions and methods, of Operation Metro Surge and its aftermath in Central Minnesota. Emphasizing the differences between what happened in Central Minnesota (and other rural areas in the state) and what happened in the Twin Cities Metro area, this essay focuses on two events to contextualize the ways in which Operation Metro Surge disrupted the lives of immigrants and of the Minnesotans trying to protect their neighbors.

Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke

Brooklyn Law Review

The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …

Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen

Brooklyn Law Review

Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …

A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan

Brooklyn Law Review

The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.

Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein

Brooklyn Law Review

This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …

Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman

Brooklyn Law Review

The migration of live sports from traditional cable bundles to exclusive digital platforms has transformed the economics of media distribution while complicating the fan experience. Instead of purchasing access through a single channel, viewers now piece together coverage across a growing number of subscription services to watch the games they value. Contemporary antitrust law, anchored in the consumer welfare standard and administered through the Rule of Reason, typically evaluates competitive harm through discrete changes in price or output within defined markets. This Note contends that such metrics overlook the primary burden facing modern sports consumers: the aggregate financial and logistical …

Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague

Journal of Legal Education

No abstract provided.

Obeying In Advance Will Not Save You: How Adaptive Leadership Can Help Legal Education Stay Mission Driven In Times Of Authoritarianism And Fear, Tania Luma

Journal of Legal Education

No abstract provided.

Professional Identity Formation As Theory And As Practice For The Education Of A Lawyer, Louis D. Bilionis, Neil W. Hamilton

Journal of Legal Education

No abstract provided.

Practicing Pietas: Character Development For Lawyers As Citizens, Elisabeth Rain Kincaid

Journal of Legal Education

No abstract provided.

Conviction, Character, Courage: The Case For Integrating Values Into The Professional Identity Formation Of Tomorrow's Lawyer-Leaders, Katya S. Cronin

Journal of Legal Education

No abstract provided.

Moral Virtues, Professional Identity, And Leadership, Timothy W. Floyd

Journal of Legal Education

No abstract provided.

The Large Impact Of Small Groups On The Character-Based Leadership Development Of Law Students, Benjamin Rigney, Janice Craft

Journal of Legal Education

No abstract provided.

Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.

Brief For Legal Scholars And Historians As Amici Curiae In Support Of Petitioners, Jackson V. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026), G. Ben Cohen, Seth P. Waxman, Ashley Bierman, Sara Saunders

Akron Law Faculty Publications

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.

Can A Corporate Wealth Tax Happen?, Reuven S. Avi-Yonah

Articles

Economists Emmanuel Saez and Gabriel Zucman. They argued that a wealth tax would be a key policy tool to reduce wealth inequality and effectively tax the rich, could raise significant revenue, and could be enforced effectively. Other academics, like Wojciech Kopczuk, Natasha Sarin, Jeffrey Pennell, and Robin Morgan are more skeptical. In the legal literature, there has been an extensive discussion over whether a wealth tax can be constitutional. In Moore, the majority There have been numerous proposals recently to institute a wealth tax in the United States, either in addition to existing taxes or in lieu of some of …

Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat

Hasanuddin Law Review

This study addresses the constitutional ambiguity surrounding the hierarchical status and domestic application of international human rights treaties, particularly in legal systems where treaty incorporation lacks explicit constitutional regulation. Though earlier researches have discussed issues such as treaty incorporation and constitutionality, there has been little analysis of the comparative role played by courts in bridging the international and domestic legal systems. The study adopts a qualitative doctrinal and comparative legal methodology, analyzing constitutional provisions, legislative frameworks, and judicial decisions across Jordan, France, and selected Arab jurisdictions, including Egypt and Morocco. The findings reveal that France adopts a hierarchical model granting …

Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel

Hasanuddin Law Review

In any constitutional system, it is difficult to reconcile the need for legal certainty and constitutional adaptation when there is judicial departure from constitutional precedent. In this paper, We develop a functional comparative approach that explains how constitutional systems maintain legal certainty in the face of constitutional adaptation enabled by judicial departure from constitutional precedents. Using comparative analysis of United States Supreme Court jurisprudence (1954–2023) and French Constitutional Council rulings (1971–2023), We examine how such systems preserve their constitutional stability in spite of judicial change. It is concluded that the departure of courts from constitutional precedent need not mean the …

Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide

Hasanuddin Law Review

Conservation governance is frequently characterized as a rule-based system in which bureaucratic actors enforce standardized regulations to protect biodiversity. In practice, however, conservation policies are implemented within socially contested landscapes. Strict regulatory enforcement may generate conflict and undermine governance objectives. Although public administration research underscores the importance of bureaucratic discretion in policy implementation, limited attention has been paid to its influence on environmental governance in developing countries. This article investigates discretionary practices in Indonesian conservation area management using an ethnographic approach that incorporates interviews, field observations, and case studies across multiple sites. The findings demonstrate that discretion occupies a central, …