Digital Commons Network^™

Judgment By The Record: How The Eleventh Circuit Is Shaping Retail Litigation And Regulation, Susan L. Shin, Aubrianna L. Mierow

University of Miami Law Review

The Eleventh Circuit’s 2025 term reinforced a disciplined, text-driven approach to statutory and contractual interpretation and a firm demand for proof: the court vacated an FCC rule that restricted consent beyond what the Telephone Consumer Protection Act (TCPA) provides. It rejected a constitutional challenge to adjudication by the Office of the Chief Administrative Hearing Officer (OCAHO) while emphasizing the Attorney General’s supervisory role. It required plaintiffs alleging deception through promotional content to identify the specific communication at issue. It denied standing for credit file inaccuracies absent dissemination or real-world effect. It interpreted standard limitation clauses to preserve direct damages under …

Supremacy Politics: The Coding Of Power In Artificial Intelligence (Ai), Dana G. Jones

North Carolina Civil Rights Law Review

No abstract provided.

White Predominance Is The Point, Kimberly West-Faulcon

North Carolina Civil Rights Law Review

No abstract provided.

Teaching Legal Thinking In The Age Of Ai: Reimagining Legal Education Through Cognitive Science And Deliberate Practice, Joan R. M. Bullock

University of Baltimore Law Review

No abstract provided.

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …

Analyzing Social Implications Of The Gender Wage Gap, Jessie A. Clarke

Electronic Theses, Projects, and Dissertations

The researcher seeks to understand the gender wage gap in the United States. The research question studied is “Why do women in the United States on average earn less income than men?” Women gain less power and resources as they earn less income than men. The researcher explores the phenomenon in this paper. This research proposal utilizes qualitative methods via interviews, and analysis through coding. In previous research, there is a lack of inclusion on the gender wage gap regarding various identities such as sexual orientation, other gender identities, and race/ethnicity. The researcher hopes to fill in these gaps in …

Cox V. Sony: Let’S Call Gershwin Off, Jonathan Band

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Workplace Monitoring Platforms Are Sharing Your Data: An Investigation & Roadmap To Address Data Abuses, Stephanie T. Nguyen, Levi Kaplan, David Choffnes, Alan Mislove, Seth Frotman, Erie Meyer

Center for Law and the Economy

This report investigates the data collection practices of nine widely used workplace monitoring platforms to determine the extent to which they track and analyze employee activity, behavior, or performance during work, including how these platforms transmit worker information and to which third-parties. This report finds that (1) nine out of nine workplace monitoring platforms studied directly shared identifying worker data to third parties, (2) nine out of nine workplace monitoring platforms studied shared information about workers’ online activities with third parties, and (3) three out of nine workplace monitoring platforms studied utilize features to track workers’ precise location. This report …

Cornerstones And Keystones: Confronting Stealth Attacks On The Regulatory State, Michael Allan Wolf

UF Law Faculty Publications

This Article is the first to identify the Roberts Court’s pattern of stealth overruling of several takings precedents by neutralizing or ignoring essential language from prior decisions. The Article explores six examples of this phenomenon and proposes a framework for identifying when a subsequent Court’s critical assessment of key language from a prior decision, whether it technically qualifies as a “holding” or not, necessitates consideration of the stare decisis factors used in Dobbs v. Jackson Women’s Health Organization. Rather than focusing on the sometimes-arbitrary distinction between holding and dictum, the Article introduces two other indicia of precedential language that …

Place, Democracy, Rule Of Law, And The Necessity Of Local News, Erin C. Carroll

University of the Pacific Law Review

No abstract provided.

Overview: Neuroscience And The Law, John M. Conley, Rami Major

North Carolina Law Review

No abstract provided.

Neural Implants: The Promise, Peril, And Regulatory Challenges, Richard S. Saver, Jeffrey L. Saver

North Carolina Law Review

No abstract provided.

Legal And Regulatory Considerations For Post-Trial Access To Maintenance Of Beneficial Investigational Neural Devices, Alexandra L. Foulkes, Erika Versalovic, Amanda R. Merner, Gabriel Lázaro-Muñoz

North Carolina Law Review

No abstract provided.

Taking The Lex Mercatoria To Space, Tatiana Sainati

Arbitration Law Review (2009 - Present)

No abstract provided.

Examining Educational Legislation In Indiana, Jason Cary

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to explore the world of educational legislation and how it is crafted, molded, and signed into law in the state of Indiana. The study examined the key legislative players, the machinations of the Statehouse, the educational organizations and their lobbyists, the national landscape, and other factors at play. To find the answers to the research questions in this study, the researcher interviewed multiple Indiana legislators. An effort was made to sit down with elected officials from both chambers who serve on the educational committees. According to the research, state and federal legislatures are …

Harnessing Ai In Legal Education: Opportunities For Innovation, Leadership, And Student Success, Peculiar Awa, Grant Shostak

Journal of Educational Leadership in Action

Artificial Intelligence (AI) is increasingly transforming the practice of law, from predictive analytics in policing and algorithmic sentencing to generative AI-assisted drafting and research. Despite this technological shift, legal education remains predominantly doctrinal, inadequately preparing graduates to function effectively in an AI-mediated environment. This paper contends that law and legal studies programs must integrate AI literacy, applied AI skills, and ethical instruction into curricula. By leveraging experiential learning, interdisciplinary collaboration, AI-driven simulations, and critical inquiry, institutions can produce graduates who are both technically competent and ethically grounded, ready to navigate the evolving legal profession.

The Political Transformation Of Corporate America, 2001–2022, Reilly S. Steel

Faculty Scholarship

This article reconciles conflicting views about the political landscape of corporate America with new data on the revealed political preferences of 97,469 corporate directors and executives at 9,005 different U.S. companies. Driven largely by turnover, I find that average observed ideology for directors and executives has shifted meaningfully to the left over time, changing from modestly conservative in 2001 to roughly centrist by 2022. This finding supports a middle-ground position between conventional wisdom casting “big business” as a conservative stronghold and revisionist views holding the opposite. Counterfactual simulations and a difference-in-differences design suggest multifaceted reasons for these changes, and hand-collected …

Poor Esg: Regressive Effects Of Climate Stewardship, Zohar Goshen, Assaf Hamdani, Alex Raskolnikov

Faculty Scholarship

The rise of inequality and global warming are the two ultimate challenges of our time. After decades of congressional failure to address climate change, the private sector has stepped in and adopted a set of environmental, social, and governance (ESG) policies as a market-based solution to a public policy failure. ESG advocates hope that corporate executives would save our planet. Where Congress failed, ESG will succeed.

This Article argues that if ESG-driven climate stewardship ever achieves the scale necessary to have a real impact on global warming, it will hurt the poor. Legislative interventions to combat climate change are nearly …

Raising The Bar: Virginia Constitutional Interpretation Post-Vlaming, The Honorable Lisa M. Lorish, Alec Block, Amy Vanderveer

University of Richmond Law Review

Across the United States, dozens of state supreme courts choose to interpret their state constitutions as co-extensive, or in “lockstep” with analogous provisions of the Constitution of the United States. Yet since the Supreme Court overruled or changed its interpretation in a number of rights-based cases, state constitutions are receiving new attention. In Virginia, several years before Dobbs sparked this new focus, the Supreme Court of Virginia departed from the Supreme Court of the United States’ interpretation of its Free Exercise Clause analogue and adopted a new standard providing increased protection. In doing so, the Court signaled its willingness to …

Statutory Backups For Endangered Constitutional Rights, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns the phenomenon of “statutory backup rights,” or statutes that provide protections parallel to constitutional rights that are believed to be at risk of judicial abrogation. Proposals for backup rights gained attention in the aftermath of the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which not only eliminated the constitutional right to abortion but called into question some other constitutional rights as well. Shortly after Dobbs, Congress enacted a limited statutory backup for same-sex marriage. States have created backup rights across a range of topics, some of which appeal mostly to those …

Sticky Charters? The Surprisingly Tepid Embrace Of Officer-Protecting Waivers In Delaware, Jens Frankenreiter, Eric L. Talley

Faculty Scholarship

This article examines the response to Delaware’s much-heralded 2022 legal reform that permitted corporations, for the first time, to adopt charter provisions exculpating corporate officers from liability for breaching their fiduciary duty of care. Contrary to widespread predictions that corporate actors would swiftly adopt officer exculpation provisions, our analysis — using both traditional and generative artificial intelligence (AI) methods — reveals a surprisingly low rate of uptake, over three years after the reform’s enactment.

Our study makes both methodological and substantive contributions. Methodologically, we present a novel application of large language models (LLMs) to identify and interpret technical clauses in …

The Federal Reserve’S Fiscal Agent Mandate And The Problem For Central Bank Independence, Lev Menand, Joshua Younger

Faculty Scholarship

The Federal Reserve is among the most powerful organs of government. It is tasked primarily with maintaining the growth of monetary and credit aggregates consistent with long-run maximum employment and price stability. This mandate is widely known and the subject of extensive public debate. But another mandate lies within the statute that is largely overlooked — to serve as fiscal agent of the United States. This distinct responsibility is older, and also important. This Article offers a comprehensive assessment of where the Fed’s two mandates overlap and occasionally sharply conflict: in the market for U.S. government debt. First, it identifies …

"Smart" Cities And Due Care With Emerging Technologies, Anthony J. Luppino

The University of New Hampshire Law Review

The rapid development of increasingly powerful technologies presents new opportunities to produce public benefits, as exemplified by the “Smart Cities” movement. Conversely, emerging technologies pose significant threats to public safety and individual rights, as evidenced by high-profile cyberattacks and other technology-related incidents, and in warnings issued by some Artificial Intelligence experts. This article examines the responsibilities of local governments in the United States as users of technology and as regulators of uses by other actors—arguing that they have a duty of care, traceable to the Preamble to the U.S. Constitution, to act diligently in that dual role whether or not …

A Case With Bite: Royal Canin U.S.A., Inc. V. Wullschleger And The Updated Removal Jurisdiction Landscape, Nicholas G. Glover

The University of New Hampshire Law Review

Subject-matter jurisdiction is critical to every case, small or large.  Establishing the court’s authority to adjudicate a present matter is tantamount to every case and for every judge.  Despite the importance of properly entering and remaining in federal courts, civil procedure cases often receive far less fanfare than most others before the Supreme Court.  Such was the case last term in Royal Canin U.S.A., Inc. v. Wullschleger, an overlooked case which silently reshaped removal jurisdiction jurisprudence. This Article details the importance of this quiet case.  Through outlining entry into federal courts, introducing and reviewing the Eighth Circuit’s outlier—but correct—opinion …

How Ai Destroys Institutions, Woodrow Hartzog, Jessica Silbey

Faculty Scholarship

Civic institutions—the rule of law, universities, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies encourage cooperation and stability, while also adapting to changing circumstances. The real superpower of institutions is their ability to evolve and adapt within a hierarchy of authority and a framework for roles and rules, while maintaining legitimacy for the knowledge produced and the actions taken. Purpose-driven institutions built around transparency, cooperation, and accountability empower individuals to take intellectual risks and challenge the status quo. This happens through the machinations of interpersonal relationships within those institutions, which broaden …

Editorial: El Juego De Rol Como Instrucción Para La Inmortalidad, Romano Ponce Díaz

Journal of Roleplaying Studies and STEAM

El presente número del Journal of Roleplaying Studies and STEAM examina la convergencia entre las prácticas lúdicas, el diseño narrativo y los procesos de mediación sociocultural en la investigación contemporánea. Las contribuciones reunidas en este número abordan el juego de rol como un dispositivo de producción de conocimiento, intervención psicoeducativa y reelaboración de representaciones culturales. Nos podemos atrever a señalar que la educación es la convergencia entre la ludología, las ciencias sociales, los estudios visuales y el análisis cultural; entendiendo a la educación como la actividad consciente e intencionada de transmitir información y conocimientos a las siguientes generaciones.

Practicing Conflict Transformation Skills Through Role-Playing Games For Diversity, Equity, And Inclusion In Higher Education, Alexandra Schreiber, Kjell H. Hugaas, Sarah L. Bowman

Journal of Roleplaying Studies and STEAM

No abstract provided.

3d: Dragones, Dados Y Deseos. Rituales En Las Comunidades Roleras De Bogotá, Francisco Gonzalez Buitrago

Journal of Roleplaying Studies and STEAM

¿Qué ocurre cuando la ficción deja de ser solo entretenimiento y se transforma en refugio, ritual y espacio de transgresión? Este artículo analiza los hallazgos de una etnografía y un ejercicio de cartografía social en torno a comunidades roleras de Bogotá, mostrando cómo jóvenes y adultos reconfiguran sus vidas cotidianas a través del juego de rol.

Lejos de limitarse al escapismo, las partidas se convierten en escenarios simbólicos donde caben la negociación, la crítica y la catarsis. En una ciudad marcada por la incertidumbre generacional y las tensiones entre género, clase y territorio, las campañas de rol permiten reimaginarse a …

The Functions Of Role- Playing Games: How Participants Create Community, Solve Problems And Explore Identity, De Sarah Lynne Bowman (2010) [Reseña De Libro], Cristo Leon

Journal of Roleplaying Studies and STEAM

The Functions of Role-Playing Games: How Participants Create Community, Solve Problems and Explore Identity, by Sarah Lynne Bowman, is an ambitious, wide-ranging, and still necessary work for role-playing game studies. Published in 2010, the book proposes that role-playing and roleplaying games fulfill three main social and psychological functions: creating community, facilitating problem solving, and enabling the exploration of identity. Bowman develops this thesis through a combination of theoretical review, cultural reflection, and participant-observer ethnography, based on interviews with players of tabletop role-playing games, live-action roleplaying games, and virtual environments. Organized into seven chapters, the book moves clearly from the …

The Impact Of Job Satisfaction, Organizational Commitment, And Employee Engagement On The Intent To Leave The Law Enforcement Profession For Police Officers, Veronica Lynn Dougherty-Denny

All-Inclusive List of Electronic Theses and Dissertations

In today’s dynamic organizational environment, worker factors such as job satisfaction, employee engagement, organizational commitment, and psychological contract fulfillment are vital for organizational success. This study examined their perceived relationship with police officers’ intent to leave the law enforcement profession. The problem addressed worked to understand factors influencing retention, including psychological contract breaches and workplace outcomes. The purpose of this quantitative study was to investigate the perceived relationship between job satisfaction, employee engagement, organizational commitment, and intent to leave the law enforcement profession all housed within the psychological contract. Five research questions addressed these variables and demographic factors (gender, years …