Digital Commons Network^™

The Enduring Value Of Copyright Harmonization, Stefania Fusco

Villanova Law Review (1956 - )

No abstract provided.

The Rise And [?] Of Anti-Administrativism, Gary Lawson

BYU Law Review

Scholars have proclaimed the administrative state to be “Under Siege” or subject to a “Never-Ending Assault.” Was the election of President Donald Trump on November 5, 2024, the sixth, if not yet the seventh, day around the walls?

This seems an appropriate time to consider the present and future of opposition to the administrative state—something that has come to be dubbed “anti-administrativism.” The first task, as is usually the case when one seeks intellectual clarity, is to figure out what one is talking about. What is this “anti-administrativism”? Without knowing the answer to that seemingly simple question, one cannot accurately …

Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley

University of Cincinnati Law Review

No abstract provided.

The Right To Keep And Bear Arms In Georgia, John R. Monroe

Mercer Law Review

This Article provides a survey of the right to keep and bear arms in Georgia as it has developed from colonial times to the present. While this Article is not about the Second Amendment, references to that amendment cannot be avoided because the two are intertwined.

The Article follows Georgia’s right to keep and bear arms in roughly chronological order, where discreet periods in history can be seen to have heavy influence on laws impacting the right to keep and bear arms. These periods include Colonial, Antebellum, Civil War years, Reconstruction and late nineteenth century, early twentieth century, and finally …

Torts, Kelly Cahill Timmons

Mercer Law Review

2024–2025 was a big year for tort law in Georgia, particularly on the legislative side. Governor Brian Kemp achieved his primary goal for the 2025 legislative session, working with the Georgia General Assembly to enact significant tort reform measures. These measures change Georgia law on the collateral source rule, the relevance of seatbelt evidence, and—most notably—in the area of negligent security. All of these changes benefit tort defendants. The Supreme Court of Georgia also made its mark on tort law during the Survey period, deciding several cases involving the liability of professionals and adopting rules that— more often than not—benefited …

State And Local Taxation, David Greenberg, Alexus Holton

Mercer Law Review

This Article surveys the most critical and comprehensive changes in Georgia law occurring between June 1, 2024, and May 31, 2025. Most notably, this Article discusses changes to tax credits impacting Georgia’s film industry, further clarifications to Georgia’s taxicab tax regulations, important changes to property taxes on conservation properties, and other important state and local taxation topics.

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …

Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova

Widener Commonwealth Law Review

No abstract provided.

Estoppel Without Regard To Equity? The Puzzling Omission Of Promissory Estoppel’S Inequity Condition In Canada, Marcus Moore

All Faculty Publications

Promissory estoppel plays an important role in enabling the enforcement of promises not made for consideration in cases where the promise was intended to and did induce a party to change its position in regard to preexisting legal rights. However, Canadian law on estoppel has been plagued by confusion and misunderstanding. This article addresses the internationally notable absence of an inequity requirement from promissory estoppel in Canada. The requirement’s absence is peculiar, in that estoppel’s very foundation is in equity, and it must assure that its effect is indeed equitable. Drawing on the Supreme Court of Canada’s decision in Trial …

Drones And The Changing Character Of War, Erik A. Davis

The US Army War College Quarterly: Parameters

Cheap drones have transformed the character of war by creating a “mass effect” that challenges traditional principles of force concentration. Unlike commentary focused on offense-defense debates or ethics, this article explains how Jevons’s Paradox, the Red Queen Effect, and models like Lanchester’s Laws and Hughes’s Salvo Equations underpin this shift. Drawing on lessons from Ukraine, historical theory, and production trends, it explains why the production of cheap “precision mass” is expected to accelerate. For military and policy practitioners, the analysis offers urgent guidance for adapting tactics, procurement, and doctrine to a battlefield dominated by ubiquitous, low-cost drones—before adversaries exploit this …

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Governance & Guardrails: Artificial Intelligence And Low-Wage Workers, Seema N. Patel

Maryland Law Review

No abstract provided.

Caste As Practice, Analogy, And Metaphor, Mark A. Graber

Maryland Law Review

No abstract provided.

Caste And American Citizenship In The Trump Era, Carol Nackenoff

Maryland Law Review

No abstract provided.

How Ai Reinforces Caste: Creating And Amplifying Systematic Inequality, Catherine Powell

Maryland Law Review

No abstract provided.

No Return: Caste And The End Of The Liberal Debate Over U.S. Antidiscrimination Law, Julie Novkov

Maryland Law Review

No abstract provided.

Ai Against Copyright Law And Intellectual Property, Nate Oh

Bates College Undergraduate Law Review

No abstract provided.

Platforms, Privacy, And Power: Examining Predictors Of Online Intimate Information Disclosure And Expression, Alexis Shore Ingber, Danielle Keats Citron, Jonathon W. Penney

Articles & Book Chapters

When intimate privacy is violated, self- and relational development is impaired to the detriment of individuals and society. Despite these costs, there is a lack of systematic empirical and theoretical study of intimate privacy and efforts to protect it. This research helps fill this void through two complementary studies. Through a longitudinal experimental design, results from Study 1 highlight that partner trust and response-efficacy were not only positively predictive of online intimate disclosure, but also strengthened following knowledge of intimate privacy protections. In Study 2, we find individuals are more likely to engage in public-facing online sexual expression if the …

Pronatalism In The United States: How Political Ideals Surrounding Family And Reproductive Health Care Contribute To Neglect In The Foster Care System, Carson Sebree

Undergraduate Honors Theses

Within the past decade, conservative reproductive politics in the United States have experienced an ideological shift from pro-life toward pronatalism. This has been intensified through the rollback of reproductive rights and the rise of Christian nationalism. However, there has been no commensurate additional funding for the foster care system. This project asks the interrelated questions of: “how is pronatalism linked to neglect within the foster care system?; and, how do theories of democratic care highlight the necessity to rethink support for the foster care system and create policies that will address its shortcomings, given the rise of pronatalist aw and …

Zasada Minimalizacji A Zakres Wymiany Danych Ubezpieczeniowych Klienta W Projekcie Rozporządzenia W Sprawie Ram Dostępu Do Danych Finansowych (Fida), Bartosz Bigaj

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The purpose of the article is to critically assess the provisions on the scope of customer financial data exchange contained in the draft Financial Data Access Framework Regulation (FIDA) published by the EC on June 28, 2023, in the context of the principle of minimalism regulated by the GDPR Regulation. The author focuses on the potential benefits and risks of sharing customer information in the insurance market, including consumers in particular. The article provides a general analysis of the concepts of “open finance,” “open banking” and “open insurance,” as well as the principle of data minimalism from the RODO. Due …

Pembuktian Sederhana Dalam Proses Kepailitan Terhadap Perusahaan Pengembang Pasca Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023, Maya Iswandi

Jurnal Hukum & Pembangunan

Abstract

After the issuance of Sema No. 3/2023, there were various pros and cons to its implementation. This is because the sema has limited and in quotes has protected development companies from bankruptcy proceedings. Sema No. 3/2023 provides immunity to development companies from bankruptcy because they are deemed not to meet the simple proof that must be met in the bankruptcy process. This provision seems to deny the judicial system that should determine the evidence in a case. This certainly causes degradation of legal certainty and consumer protection. Therefore, this research will discuss simple proof in development companies after the …

Founder Worship, Effective Altruism, And Corporate Governance, Jennifer S. Fan, Xuan-Thao Nguyen

Kentucky Law Journal

No abstract provided.

Rekonstruksi Paradigma Transfer Of Sentenced Persons: Antara Kepentingan Narapidana Dan Kepentingan Negara, Serta Implikasinya Pada Tata Kelola Transfer Of Sentenced Person, Fitra Arsil

Jurnal Konstitusi & Demokrasi

This article analyzes the paradigm shift in the Transfer of Sentenced Persons (TSP) from a regime oriented towards the rehabilitation and social reintegration of prisoners to a new configuration increasingly driven by state interests, such as national security, prison population management, immigration policy, budget efficiency, diplomatic calculations, and human rights image. Based on a legal-normative approach combined with institutional analysis and a comparison of practices in various jurisdictions, this paper shows how the principle of consensualism, initially interpreted as "trilateral consent" (the sentencing state, the receiving state, and the prisoner), has fragmented into three models: compulsory, voluntary, and hybrid, with …

Technological Disruption And Regulatory Response: The Case Of Decentralised Finance, Jakub Wisła, Jolanta Bartoszewska

Journal of Banking and Financial Economics

This article examines responses to the regulatory challenges posed by decentralised finance (DeFi), a fast-evolving domain of blockchain-based financial innovation. It investigates the factors shaping divergent regulatory strategies, with a focus on the European Union’s comprehensive cryptoasset framework and selected comparative insights. Adopting a qualitative legal methodology – combining doctrinal-functional analysis, multivocal literature review, and two case studies – the authors explore how regulatory responses are influenced by three key variables: legal tradition, the financial function performed by blockchain-based solutions, and the level of technological and institutional autonomy. The case studies – Bitcoin as a payment instrument and cryptoassets as …

Modern Technology Addiction: Developer Duty Of Care, Jonah Hampton

Honors College Theses

Technology addiction includes any frequent use of technology which interferes in the user’s life. The subject continues growth as an epidemic and research field, yet prior literature does not often analyze the role of technology developers. This study performs a literature and legal synthesis to evaluate user and company responsibility, implications of responsibility, and promising solutions. Post 2020 literature was selected for coverage on context, addictive features, effects, solutions, or perspectives on law. Legal examples from different addiction industries were also selected for analysis to understand previous precedents. The study found a pattern of addictive traits, persuasive design, and recurring …

Filling In The Gaps: How The Equal Employment Opportunity Commission Can Enhance Protections For H-1b Visa Holders, Mahi Patel

Northwestern Journal of Law & Social Policy

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa …

Who Gets Remembered? Structural Barriers In The National Register Of Historic Places, Yuha Jung, Lauren Smith Madden

Northwestern Journal of Law & Social Policy

This article examines the systemic barriers within the National Register of Historic Places, established under the National Historic Preservation Act of 1966, that have contributed to the underrepresentation of marginalized communities in historic preservation. Despite the United States’ diverse cultural heritage, only an estimated 3% to 10% of sites listed on the National Register reflect histories associated with racial and ethnic minority groups. Through a qualitative analysis of legislative history, federal regulations, nomination processes, and governance structures, this study identifies how key criteria such as “significance” and “integrity” have reinforced exclusionary practices. These criteria consistently prioritize architectural and tangible heritage …

Patent Searching With Uspto, Derwent Innovation And Lens.Org, Ibis Anette Moreno-Lozano

Day Family Research Lab Workshop Series

No abstract provided.

The Real Story Of Nepa Litigation In Clean Energy Permitting, Anna Mance

Seton Hall Law Review

No abstract provided.

Rights Of Nature, Wrongs For The Commons: Risks Of Assigning Legal Personhood To The Rivers Of Washington State, Srinandan Ramachandran

Washington Journal of Social & Environmental Justice

The Rights of Nature (“RoN”) movement, which seeks to grant legal personhood to natural entities, has recently gained traction in Washington State and globally. While intended to enhance environmental protection and Indigenous sovereignty, RoN burdens commons governance by expanding the right to exclude. This paper advances a critique of proposals to grant legal personhood to rivers in Washington State, highlighting conflicts with standing, liability, and the jurisprudential tenets of legal personhood. RoN undermines equitable usufructuary access to the commons, or lands and waters without exclusionary rights, thereby impeding marginalized peoples’ ability to utilize shared resources. Instead of assigning legal personhood …