Digital Commons Network^™

Does Law Constitute Society?, Jeremy Kessler

Law and Contemporary Problems

No abstract provided.

Beyond The Market: What Does It Mean To Theorize Capitalism?, Amy Kapczynski

Law and Contemporary Problems

No abstract provided.

Capitalism & Jurisprudence, Paulo Barrozo

Law and Contemporary Problems

No abstract provided.

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …

Tribal Rights Of Nature Laws: Fulfilling Sacred Obligations, Ashley Dawn Anderson

Tulsa Law Review

No abstract provided.

Icymi (In Case You Missed It): Moody V. Netchoice, Llc And First Amendment Protections For Social Media Platform Expression, Eric T. Kasper

Tulsa Law Review

No abstract provided.

Scaling Sustainable Propellants To Address Rocket Emissions: Lessons From The U.S. Aviation Industry, Zhizhou (Josie) Liu

Duke Law & Technology Review

The rapid growth of the U.S. commercial space industry has exposed a profound regulatory gap in addressing rocket emissions. By releasing greenhouse gases and particulates like black carbon, alumina, and water vapor, rocket launches not only contribute to climate change but also accelerate stratospheric ozone depletion. The U.S. aviation industry encountered similar environmental challenges decades ago, which eventually prompted legal and policy frameworks to curtail aviation emission through sustainable fuel technologies. Unlike aviation, however, the space industry now operates in a legal vacuum, with no binding international environmental standards or domestic regulations targeting rocket atmospheric pollution. As rocket emissions penetrate …

Bauer V. Beamon: Clothing Equitable Rescission’S Flexible Nature In A Rigid Straitjacket, Hunter Canfield

Arkansas Law Notes

Fraudulent deals, shady contracts, and questionable transactions occur daily. But when the truth is not disclosed and deceit seeps into the heart of a transaction, is there recourse for those affected? Historically, courts of equity have provided remedies where legal relief often fails. For instance, consider a home buyer who, after closing, discovers previously undisclosed toxic mold or structural defects that compromise the property’s habitability. Monetary damages alone may not truly restore the home buyer—especially if the property’s condition is so severe that the buyer would never have purchased the home had the truth been disclosed. In precisely these situations, …

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Ethics Of Artificial Intelligence For Lawyers: Standalone Resource: Model Policy And Training Program For Responsible Ai Use, Cliff Mckinney

Arkansas Law Notes

Every significant technological change in law, including computers, email, and online research, has required practical tools to implement ethically. Artificial intelligence is no different. This final installment of the artificial intelligence ethics series offers a “starter kit” for responsible adoption by law firms: a Model Law Firm Policy on the Responsible Use of Artificial Intelligence and a Model Training Program for Legal Professionals.

With this installment, the Ethics of Artificial Intelligence for Lawyers series comes full circle. We have moved from the first sanction cases, to the ABA’s initial guidance, to legislative and regulatory developments, and now to practical steps …

Exposing Car Dealerships' Final Hidden Sales Con: A Call For The Disclosure Of Interest Rate Markups When "Helping" Buyers With Indirect Financing, John C. Simms

Kentucky Law Journal

No abstract provided.

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

The Case For Lgbtq+ Adoption Rights In The Post-Roe Era, Tate Craft

Kentucky Law Journal

No abstract provided.

Dred Scott, Military Enslavement, And The Case For Reparations, Hugh Mcclean

Kentucky Law Journal

No abstract provided.

Restricting Academic Dishonesty At A Japanese University, Joel Weinberg

Japanese Society and Culture

This research explores three approaches to handling academic dishonesty: punitive, preventive, and positive. First, the history of cheating and the punitive approach is briefly discussed. Next, research results of a preventive approach that was used at a Japanese university are given. During this research, three surveys were conducted to gauge students’ opinions about cheating, to account for the methods, and to measure the prevalence of cheating on post-reading quizzes. The survey results show that at least eleven types of cheating on post-reading quizzes were used and that non-cheating students were concerned about this issue. As a result of the surveys, …

Institutional Transitions In The Employment Of Foreign Workers In Japan’S Agriculture And Food Manufacturing: From Technical Intern Training To Employment For Skill Development And Specified Skilled Worker In Comparison With The Uk, Tomoyuki Kuwaharada

Japanese Society and Culture

This paper investigates the institutional transition in Japan’s acceptance of foreign workers in the agriculture and food manufacturing sectors, focusing on the restructuring of entry-stage training schemes and their linkage to skill-based employment. In particular, it traces the shift from the Technical Intern Training Programme (TITP) to the Employment for Skill Development (ESD) Programme as the primary entry route, and examines how these institutional changes are embedded within the Specified Skilled Worker (SSW) framework.

Drawing upon official statistics from 2012 to 2024 and sector-specific case studies, the analysis demonstrates that the introduction of the SSW status in 2019 marked a …

Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima

School of Earth, Environmental, & Marine Sciences Faculty Publications

In 2024–2025, the U.S. and Texas governments raced to save Gulf shrimp. Texas passed a truth-in labeling law for food service in restaurants. Federal agencies added antidumping and countervailing duty orders and new tariffs. This case follows Brownsville and Port Isabel, where dock prices slid while boats and crews aged. We frame the response as survival politics: urgent and improvised moves to keep a livelihood going even when imports set the price. Using legislative hearings, agency notices, local reporting, and port records, we show that rules reset faster than prices. Inventories, contracts, and supplier substitution delay any lift at the …

Welcome To The Trump Administration’S Board Of Immigration Appeals. The Immigrant Always Loses., Jason A. Cade

Scholarly Works

The first 100 opinions in Volume 29 of the Board of Immigration Appeals’ precedential decisions—issued at more than three times the historical pace—constitute a project. The Trump Administration has used the Attorney General’s self-referral power and a reconstituted, ideologically aligned Board to engineer a body of precedents that reliably produces one result: removal. This Essay organizes these decisions, cataloged in a full Appendix, into five main categories: (1) narrowing relief for noncitizens alleging persecution; (2) expanding mandatory detention while narrowing discretionary release; (3) maximizing the immigration consequences of criminal history and related grounds while foreclosing the relief mechanisms Congress created …

The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok

The Journal of Social Encounters

This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.

Draining Fountain Square With Alternate Delivery, Jason Koch, Mark St. John, Natalie Stephen

Purdue Road School

Indianapolis DPW has started construction on major drainage improvements in one of its oldest neighborhoods, Fountain Square. Building on lessons learned from similar projects in built-up, commercial areas, DPW decided to use an alternate delivery method to procure construction services. This session will provide a high level review of Indiana’s Public-Private Agreement statue (I.C. 5-23), how DPW applied it to the Fountain Square project, lessons learned, and how DPW plans to use this innovative delivery method for future projects.

The Business Of Ai-Producing Startups: Evidence From A Worldwide Survey, James Bessen, Stephen Michael Impink, Robert Seamans

Faculty Scholarship

We report results from a multi-year, worldwide survey of artificial intelligence (AI)-producing startups to describe the types of technologies, frameworks, data protection, and partnerships nascent firms use to develop their AI products. Analyses of our survey findings also inform how startups gather the resources to commercialize their AI applications in alignment with their entrepreneurial strategies, address competitive barriers, and respond to regulations. These data provide initial evidence of the perceived impact of these products on their customers’ tasks and industries, suggesting that these firms’ AI products not only reduce labor costs but augment human capabilities.

Predicting The Future Past: Human Cognitive Limits And Proximate Cause Determinations In Civil Actions, Dr. Molly Wilson, Helen Webster

New Mexico Law Review

Juror decision-making is inherently influenced by psychological biases, which pose a significant challenge to the fairness and accuracy of proximate cause determinations in tort cases. This Article explores the cognitive and social biases—such as hindsight bias, primacy, anchoring, belief in a just world, and moral outrage—that affect jurors as they engage in the complex reasoning required to assess foreseeability and causation. Given that jurors must disregard their knowledge of actual harm and set aside emotional responses to tragic injuries, the risk of bias is substantial. Traditional jury instructions have proven insufficient in mitigating these effects. As a solution, this Article …

Innovating For Access: Ai-Enhanced Triage & Intake For Legal Services Organizations, Heidi Behnke

Duke Center on Law & Technology

Artificial intelligence (AI) offers opportunities to meaningfully narrow the access to justice gap by improving the ability of Legal Services Organizations (LSOs) to connect individuals with pro se resources and more effectively connect with individuals who could not otherwise advocate for themselves. Some LSO early adopters have already developed or are in the process of developing such tools. Others are unsure where or how to start.

The results of semi-structured interviews of LSO staff, technology vendors, and leaders/experts in fall 2025 provide information that may assist LSOs in responsibly integrating AI-tools into their triage and intake systems. This paper includes …

Private Equity Investment In College Athletics: The New Frontier, Christopher Ruckdeschel

Florida Entertainment and Sports Law Review

This Note discusses the funding crunch that universities are facing and why private equity capital can be the answer. The House v. NCAA settlement has introduced a $20.5 million yearly expense that universities must pay in order to compete for top-level talent in revenue-generating sports such as college football and basketball. However, declining enrollment and unequal TV rights distributions have left some universities scrambling to figure out how to stay competitive in this new revenue-sharing era. Enter private equity. This Note explains how universities can tap private equity investment to fund revenue-sharing obligations instead of slashing operating budgets and cutting …

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Artificial Intelligence And Atrocity Prevention, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2025–2026 Flyers

What does it mean to engineer atrocities without killing everyone?

Abduweli Ayup, writer, linguist, and chronicler of the Uyghur crisis, joins human rights and tech experts from Access Now, Isedua Oribhabor, and Peter Micek to examine how China's surveillance state has weaponized AI, biometric data, and algorithmic policing to erase a people from the inside out. When the instruments of genocide are bureaucratic and technological, what does accountability look like.

Artificial Intelligence And Atrocity Prevention, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Abduweli Ayup, Isedua Oribhabor, Peter Micek

2026 Event Invitations

This panel brings Abduweli Ayup into conversation with Access Now’s Isedua Oribhabor and Peter Micek.

Together, they will examine how China’s “People’s War on Terror” evolved from a security doctrine into a vast architecture of algorithmic repression, documented through leaked police files, official directives, and operational records from the Integrated Joint Operations Platform—an expansive surveillance system deployed by the Chinese government.