Digital Commons Network^™

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 …

Mobility-Restricting Covenants In Business Contracts: The Case Of Franchising, Francine Lafontaine, Lorenzo G. Luisetto, J. J. Prescott

Law & Economics Working Papers

Several studies show that restrictive covenants in employment contracts, such as noncompete agreements, may affect employees in detrimental ways, including by reducing mobility and suppressing wages. While such concerns are real, these clauses also have the potential to serve legitimate business purposes by helping companies protect valuable information, which can encourage investment and training and enhance social welfare. This paper explores the use of several types of covenants, including noncompetes but also confidentiality and post-relationship non-recruitment clauses, in franchise contracts, an important and accessible category of business contracts. Many of these contracts impose restrictive covenants on franchisees but also on …

Trips, World Trade, Social Progress, And The Public Interest, Hannibal Travis

University of Miami International and Comparative Law Review

The Trade Related Intellectual Property Rights (TRIPs) Agreement arrived in the 1990s amidst great fanfare for a suite of comprehensive reforms to a trading system that had failed the world time and again. It bore a title that sounded less like a pact on outsourcing or multinational corporatism and more like a fair trade pledge for products of the mind and the personality. TRIPs was introduced as a pillar of the New World Order, a post-Cold War vision in which the fall of the Soviet Union and the opening of the Chinese economy would augur an era of harmonious commerce. …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Demystifying The Plea Process: Investigating Attorney Communications And Client Misconceptions, M. M. Wilford, R. J. Difava, K. S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Objective: to study issues related to the lawyer and client interaction regarding building a legal position on the case and the plea process.Methods: the article uses the universal dialectical method of cognition, as well as general (analysis, synthesis, induction, deduction) and specific scientific research methods (formal-legal method).Results: As the United States has shifted to “a system of pleas,” the role of defense attorneys has swung from trial litigator to plea negotiator. The study results indicated that defense attorneys spend a significant amount of time meeting with clients. Attorneys also cited substantial deficits in criminal defendants’ knowledge of the legal system, …

Ai And Emerging Technologies: A Path To Sustainability? Navigating Legal And Regulatory Challenges, Magdalena Porzeżyńska, Marek Porzeżyński

Yearbook of Antitrust and Regulatory Studies

Editorial

Assessing Standardisation Initiatives From The European Data Strategy’S Perspective: A Systematic Review, Nicola M.F. Faraone

Yearbook of Antitrust and Regulatory Studies

The paper seeks to provide for an overview of the most relevant European legislative initiatives related to the process of standardization at EU level. While a specific emphasis will be devoted to the AI Act and the Open Banking/Open Finance framework, also the most recent regulation together with the connected European soft law will be addressed.

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …

Bagelmania Holdings, Llc V. Rdh Interests, Inc. C/W 87901, 141 Nev. Adv. Op. 62 (Dec. 04, 2025), Miranda Romero

Nevada Supreme Court Summaries

Affidavit-of-merit and expert report requirements under NRS § 11.258 are satisfied under a single set of submissions where the complainants (1) file a joint complaint, (2) assert identical claims, and (3) represented by the same attorney.

Law Enforcement Officer Perceptions In The Current Socio-Political And Cultural Environment: How Psychological Stress Impacts Overall Job Satisfaction, Mitzie L. Forrest

Doctoral Dissertations and Projects

The purpose of this qualitative study was to explore police officer perceptions of job stress and satisfaction within the occupational environment at a mid-sized police agency in the Southern United States in the five years immediately following the George Floyd incident. Using Grounded Theory (GT), six major socio-political and cultural factors were investigated to determine the effects on police officer wellbeing and overall job satisfaction. The factors explored were defund the police, Black Lives Matter, social unrest, media impact, cancel culture, and woke culture. The data collection process involved the triangulation of data obtained through an agency-wide anonymous survey to …

Turkey’S Recent E-Commerce Amendments: A Critical Comparison With The Eu Digital Markets Act, Kaan Kocabas, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

Recent regulatory reforms in Turkey aim to address the competitive risks posed by dominant digital platforms, particularly concerning data exploitation, self-preferencing, and discriminatory conduct. Rather than introducing a standalone competition law instrument, Turkey amended its Law on the Regulation of Electronic Commerce to embed competition-related obligations, raising questions about the consistency and coherence of enforcement. This article analyses the legal and institutional implications of these amendments, critically comparing Turkey’s approach with the European Union’s Digital Markets Act (DMA). It argues that while the Turkish amendments reflect global regulatory trends, the lack of a dedicated competition framework risks creating enforcement conflicts …

The Doctrine Of Constructive Presence And Damage To Submarine Cables And Other Critical Underwater Infrastructure, Jame Kraska, Elizabeth Hutton

International Law Studies

Maritime law enforcement regarding attacks on critical underwater infrastructure remains one of the weakest parts of the legal system governing undersea infrastructure. While the UN Convention on the Law of the Sea and the 1884 Submarine Telegraphic Cable Convention require States to criminalize and penalize willful or negligent damage to submarine cables, these agreements depend heavily on national enforcement. In international waters, enforcement becomes more complicated due to the principle of exclusive flag State jurisdiction, which limits a coastal State’s ability to enforce laws in international waters. This article proposes that the legal doctrine of constructive presence provides an international …

Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman

Student Scholar Symposium Abstracts and Posters

This research addresses the central question: How do individuals with disabilities intersect with the criminal justice system, and what systemic factors contribute to their overrepresentation and victimization? Despite over 61 million Americans having disabilities, there exists a significant gap in comprehensive scholarship examining disability-criminal justice intersections, particularly regarding how people with intellectual and developmental disabilities experience unique vulnerabilities as both offenders and victims. This study contributes to disability studies and criminology by providing a comprehensive intersectional analysis examining how disability compounds with race and gender to create compounded marginalization. This study conducted a comprehensive literature review, analyzing government statistics from …

The Role Of Artificial Intelligence In Reducing Internet Crimes Against Children, Malyssa Shaw

Student Scholar Symposium Abstracts and Posters

When generative artificial intelligence (AI) first surfaced and broke into the public sphere, my immediate concern was in its development, implementation, and harmful applications. I was not surprised when deepfake technology rapidly advanced alongside these new developments and impacted women and children worldwide. Disproportionately, they have been made victims of intimate media forgery as early as the 1990s, with an unprecedented uptick in recent years as a direct result of these developments. In response, I wrote "Deepfake, Real Harm: Protecting Children in the Age of AI", analyzing data specifically regarding child sexual abuse material (CSAM) created with artificial intelligence while …

The 'Pay-Or-Consent' Model And Competition Policy: A Case Comment On The European Commission’S Decision Against Meta Under The Digital Markets Act, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s first non-compliance decision under the Digital Markets Act (DMA), focusing on Meta’s “pay-orconsent” model and its incompatibility with Article 5(2). The Commission held that Meta failed to provide users with a genuinely equivalent, privacy-protective alternative to behavioural advertising, thereby undermining the voluntariness of consent and commodifying user data in violation of DMA standards. The comment situates the ruling within broader EU regulatory trends, highlighting parallels with Apple’s infringement of Article 5(4) DMA and the Commission’s emerging outcomes-oriented enforcement approach. It argues that these decisions jointly clarify gatekeeper obligations, expand the meaning of “free …

Fide 2025: Eu Digital Economy: General Framework (Dsa/Dma) And Specialised Regimes With Follow-Up Considerations On “Regional Gatekeepers”, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Ai Companions And The Lessons Of Family Law, Clare Huntington

Minnesota Law Review Vols. 106:2 onward (2021-present)

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology’s addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

Securitizing The University, Maryam Jamshidi

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an “object” of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to “participate” in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university’s status as object of and participant in …

Cybersecurity, Resilience And Sustainability: Evaluating The Role Of Public-Private Partnerships, Katarzyna Chojecka

Yearbook of Antitrust and Regulatory Studies

This article explores the role of public-private partnerships (PPPs) in enhancing cybersecurity as a component of sustainable and resilient development. It argues that cybersecurity is not only vital for digital transformation and economic growth but also closely aligned with the UN Sustainable Development Goals, particularly through its emphasis on resilient infrastructure. The paper offers a legal and policy-oriented analysis of how PPPs can strengthen cybersecurity capabilities by leveraging the combined resources and expertise of governments, businesses, and civil society. The Polish case is also studied and analysed through “PW Cyber" program which exemplifies a local cybersecurity PPP model. The article …

Excessive Data Collection In An Ecosystem As An Exploitative And Exclusionary Abuse: A Critical Analysis Of The Cci’S Order Against Whatsapp’S Privacy Policy And Its Impact On The Digital Advertising Market, Reuben Philip Abraham Mr.

Yearbook of Antitrust and Regulatory Studies

The interface between privacy and competition law has been a complicated topic in the past decade. The Facebook case by the German competition authority, the Bundeskartellamt (BK) was the first landmark case to investigate an exploitative abuse in this interface. The WhatsApp’s 2021 privacy policy update prompted the Competition Commission of India (CCI) to initiate a suo moto investigation against WhatsApp/Meta regarding the anti-competitive effects of imposing a ‘take-it or leave-it’ agreement on consumers.

In the WhatsApp case, the CCI has pushed the boundaries further in this interface by investigating exclusionary abuses regarding excessive data collection in an ecosystem. This …

“Shaping Academic Teaching At The Crossroads Of Ethics And Artificial Intelligence”, Workshop At Warsaw University Of Technology, Warsaw, 25 September 2024, Julia Braniewska, Bartłomiej Skowron

Yearbook of Antitrust and Regulatory Studies

This document is a report on the workshop, “Shaping Academic Teaching at the Crossroads of Ethics and Artificial Intelligence”, which formed a component of the “Ethics and AI” conference hosted by Warsaw University of Technology.

A Simple Case For Slavery Reparations: Title To Slavery’S Fruits Did Not Pass, Brian C. Potts

University of Baltimore Law Review

No abstract provided.

The "Case" To Increase Access To Justice In Copyright Law: A Closer Look At The Copyright Claims Board, Anne Clevenger

University of Baltimore Law Review

No abstract provided.

Money And Shame: Leaving Menstruators At Risk, Melissa Bosley

University of Baltimore Law Review

No abstract provided.

One Size Does Not Fit All: Contract Design In Fintech Lending, Jianfeng Hu, Changcheng Song, Gloria Yang Yu

Research Collection Lee Kong Chian School Of Business

Many fintech lenders rely on standardized contract terms to support scale and operational speed. This paper examines whether modest tailoring of loan contracts can improve credit market outcomes. We conduct a randomized field experiment with a large fintech lender that varies loan due dates relative to borrowers' salary paydays. Synchronizing repayment schedules with income cycles reduces delinquency by 29.1% in the experiment and 15.7% in the administrative data. Effects concentrate among liquidity-constrained borrowers: young, low-income, and low-creditlimit individuals. Tailored repayment timing generates substantial economic benefits: borrowers save on overdue penalties, lenders accelerate cash flows, and improved repayment increases future credit …

Keeping The Ball Rolling: Enhancing The Lrw And Skills Curriculum By Incorporating Nextgen Bar Foundational Skills And Ai Innovations, Donna L. Eng

UF Law Faculty Publications

As of fall 2025, Legal Research, Writing, and Skills Professors nationwide are at a pivotal moment: determining whether and how to update their course curriculum to incorporate the NextGen Uniform Bar's (NextGen Bar) Foundational Skills and the latest advancements in AI. This article discusses how Legal Research, Writing, and Skills Professors might revise their curriculum to incorporate the NextGen Bar's Foundational Skills and advancements in AI.

Freedom Of Expression In Next-Generation Computing, Brittan Heller

UC Law Journal

Extended reality (XR)—the integration of virtual, augmented, and mixed reality technologies—creates immersive, embodied, and behaviorally integrated forms of communication that challenge traditional understandings of freedom of expression. While XR offers new opportunities for creativity, civic engagement, and cross-cultural participation, its immersive nature introduces risks of censorship, surveillance, biometric profiling, algorithmic manipulation, and inequitable access.

This Article situates XR within the framework of European human rights law. It begins by identifying the technical and psychological features that distinguish XR from conventional platforms, particularly presence, immersion, and embodiment, which transform speech into multisensory and interactive experiences. It then evaluates how existing legal …

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

North Carolina Law Review

No abstract provided.

How Not To Design Expert Bureaucracy: Lessons From Administrative Law, Wendy E. Wagner

North Carolina Law Review

No abstract provided.

General Rulemaking Grants And The Federal Trade Commission, Tamar Katz, Alex Lloyd George, Lev Menand, Tim Wu

Faculty Scholarship

The legal campaign against the administrative state has a new front: general rulemaking provisions. General rulemaking provisions authorize agencies, in an open-ended way, to write rules to carry out Congress’s directives. Administrative agencies have relied on such provisions for decades. But over the last several years, some litigators, scholars, and judges have advanced limiting theories that would, if applied widely, greatly reduce the ability of agencies to execute federal statutes. The leading edge of this campaign is an effort to negate the rulemaking authority of the Federal Trade Commission (FTC). The reasoning employed by the FTC’s opponents, already adopted by …