Digital Commons Network^™

Putting The Con In Con Law: Women’S Surgical Center V. Berry And How A Unique State Constitutional Provision On Contracts Intersects With Certificate Of Need Laws, John R. Oates

Emory Law Journal Online

This Comment explores Georgia’s “Anti-Competitive Contracts Clause” and Certificate of Need laws, the intersection of which was recently considered in the 2017 case Women’s Surgical Center v. Berry. Georgia is one of many states that still has Certificate of Need laws on its books. While these state laws have recently undergone minor legislative reform, judicial repeal of these laws may have a strong enough basis to succeed in Georgia. Though federal and state antitrust and constitutional laws offer many avenues for repeal, one such method specific to Georgia is the Anti-Competitive Contracts Clause, a constitutional provision which prohibits contracts …

Red, Blue, And Bordered: Factors Influencing Immigration Attitudes, Estefania Morales Vilchis

Political Science Student Papers and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

On Knowledge As An Act, Zakaria Al Shmaly

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Experience As A Site Of Knowing, Daphne Nicolaidis Saunders

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Resilience Otherwise: Ambivalence, Care, And The Cultural Politics Of Endurance Under Neoliberal Capitalism, Vered Ben David

Emancipations: A Journal of Critical Social Analysis

Over the past two decades, resilience has emerged as a central cultural keyword circulating across psychology, public policy, education, labor, and popular culture. Frequently celebrated as a marker of strength and adaptability, resilience has also become entangled with neoliberal forms of governance that relocate responsibility for managing insecurity onto individuals and communities. This analysis offers a critical cultural account of resilience as an ambivalent formation that operates simultaneously as a lived capacity for adaptation and as a normative demand that responsibilizes subjects under conditions of structural precarity. Drawing on scholarship in developmental psychology, political economy, and critical cultural theory, the …

Thinking Life: The Question Of Reproduction In Marx. Translated By James Chamberlain, Isabelle Garo

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

The Political Economy Of Fashion Sustainability Regulation, Meital Peleg Mizrachi, Rachel Chambers

UC Law Business Journal

The global fashion industry is one of the world’s most polluting and exploitative sectors, emitting more greenhouse gases than all international flights and maritime shipping combined, driving extensive water contamination and waste, and relying on labor conditions that remain chronically unsafe and underpaid. Regulation has attempted to respond, but with limited success. Existing sustainability oversight—ranging from import bans and human rights due diligence statutes to environmental taxes and voluntary industry frameworks—remains fragmented and unevenly enforced, shaped by geopolitical tensions, protectionist agendas, and shifting policy priorities. This Article reviews the rapidly evolving landscape of fashion sustainability regulation over the past decade …

Completely Abandon Complete Auto: Why Modern Tax Policy Challenges Require Removing The Commerce Clause’S Restrictions On State Taxation, Peter Nielsen

UC Law Business Journal

The Complete Auto four-prong test is the modern analytical framework for courts to analyze whether a state-level tax discriminates against interstate commerce in violation of the Dormant Commerce Clause. The test asks whether (i) the taxpayer has substantial nexus to the taxing state, (ii) the tax is fairly apportioned to reflect the taxpayer’s activities in the state, (iii) the tax discriminates against interstate economic activity in favor of local activity, and (iv) the tax is fairly related to the goods and services provided by the state. The Complete Auto test faces critiques from both judges and scholars for its inconsistent …

Masthead

UC Law Business Journal

No abstract provided.

Foreword, Jonathan Engelmann, Audrey Nguyen

UC Law Business Journal

No abstract provided.

After The “Partner Run”: The Dewey & Leboeuf Diaspora, Andrew Granato

UC Law Business Journal

“Partner runs”—mass, near-instantaneous departures of partners from distressed law firms—are a distinctive feature of the American legal profession, produced by an interaction of legal ethics rules, partnership governance, and bankruptcy law. A partner run means that even large and profitable law firms can abruptly liquidate. Given this fragility, it is urgent to learn: do partner runs and the governance law that enables them impose lasting harm on the legal profession by permanently damaging the careers of the lawyers caught in them?

This Article provides the first comprehensive empirical examination of this issue using the 2012 bankruptcy of Dewey & LeBoeuf, …

How The Dma Obligations Model Fails To Protect Online Markets’ Contestability And Proposals For Reform, Dermot Cahill, Jing Wang

UC Law Business Journal

This Article makes a significant contribution to the debate on whether the model underpinning the much-heralded European Union Digital Market Act (“DMA”) can provide a comprehensive level of protection against online gatekeepers’ abusive practices and achieve the DMA’s proclaimed ambition to protect online markets’ contestability in the digital space. To illustrate model-failure, key European Commission (“Commission”) enforcement decisions in the years leading up to the DMA’s enactment are examined to show less than optimal outcomes were achieved by the Commission’s attempts to grapple with gatekeepers’ anti-competitive exclusionary practices. The Authors proceed to demonstrate how the DMA’s “obligations list” model will …

California (+6.5) Vs. Sportsbooks: Cooperative Federalism & The Future Of Sports Gambling In California, Kyle Geffon

UC Law Business Journal

No abstract provided.

The Early American Tradition Of Arms Regulation: Common Law, Common Weapons, And Common Use, Saul Cornell

Duke Law Journal Online

No abstract provided.

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Prospek Penerapan Pp No. 35 Tahun 2007 Sebagai Pengaturan Insentif Perpajakan Untuk Mendorong Peningkatan R&D, Brian Amy Prastyo

Jurnal Hukum & Pembangunan

Abstract

When The Second Amendment Meets The Third Dimension: Bruen In The Age Of 3d-Printed Firearms, Andrew Touma

Duke Journal of Constitutional Law & Public Policy Sidebar

3D-printed firearms pose a serious threat to the public by allowing individuals to circumvent traditional regulatory safeguards. Although the first shot from a 3D-printed firearm was over a decade ago, these weapons continue to exploit gaps in the federal regulatory scheme. In the meantime, state governments have adopted a variety of approaches to regulating 3D-printed firearms. As 3D printing pushes firearms technology into the future, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen directs Second Amendment doctrine to look to history, leaving questions over whether a decidedly historical methodology could effectively adapt to technological …

No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns

UC Law SF Communications and Entertainment Journal

Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This …

What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States is among the most influential institutions in American life, yet it is also well known to be one of the most secluded and inaccessible. By and large, the justices only pass their thoughts and decision-making processes to the public via their official written opinions, and seldom grant interviews to reporters. General press coverage of the Court has been given considerable scholarly attention, but the limited interviews the justices grant to the press receive comparatively little attention. This article examines those interviews by analyzing 82 press interviews with active and retired justices from 2000 …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Myth Of Long-Standing Precedent, Max Stul Oppenheimer

St. Mary's Law Journal

No abstract provided.

Copyright In Film Adaptations: Protecting Moral Rights In The Age Of The Internet, Amanda Mell

UC Law SF Communications and Entertainment Journal

No abstract provided.

Mama Meant To Make You Cry: Who Protects Children From Their Parents’ Social Media Rage Bait?, Danya Hajjaji

UC Law SF Communications and Entertainment Journal

No abstract provided.

Don't Ask, Don't Tell, Don't Possess: Mapping A Potential Second Amendment Challenge To 18 U.S. Code § 922(G)(6), Emil Zakarian

Duke Journal of Constitutional Law & Public Policy Sidebar

For decades, the United States military discharged LGBTQ+ service members based on their sexual orientation, often assigning discharge characterizations that carry enduring legal consequences. One overlooked consequence arises under 18 U.S.C. § 922(g)(6), which prohibits individuals discharged "under dishonorable conditions" from possessing firearms. Although this provision has received limited judicial scrutiny, the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen calls its constitutionality into question by requiring that modern firearm regulations be consistent with the Nation's historical tradition of regulation.

This Note argues that § 922(g)(6) is constitutionally vulnerable as applied to veterans discharged solely …

It's In The Money: The Independent Federal Reserve, Kathrynne E. Curtis

Duke Journal of Constitutional Law & Public Policy Sidebar

The case at the heart of the current controversy involves the President's firing of a Federal Reserve Governor against a backdrop of crumbling precedent. The backbone of administrative agency independence, Humphrey's Executor, awaits the Supreme Court's judgment. Therefore, distinguishing the Federal Reserve—responsible for controlling monetary policy and setting interest rates—has never been more pressing. This Note argues that the Federal Reserve can be meaningfully distinguished on a historical basis, as the Court suggests in Trump v. Wilcox, by reference to its family tree: the First and Second National Banks. Precedent and the fallout from lapses in the early …

Judges’ Perceptions Of Self-Represented Litigants: Addressing A Growing Concern For The Judiciary, Thomas B. Hammond, Monica Miller

St. Mary's Law Journal

No abstract provided.

Ai And The Prudent Investor Rule, Eliot T. Tracz

St. Mary's Law Journal

No abstract provided.

Geopolitical Chessboard: How Vietnam Shapes American-Chinese Competition, Kiet H. Lê, Hiep X. Trần

The US Army War College Quarterly: Parameters

Vietnam’s geostrategic position—bordering China and commanding key South China Sea maritime routes—makes it a pivotal actor in shaping great-power competition in Southeast Asia. This article argues that the United States should support Vietnam’s neutrality and strategic autonomy as a means of countering Chinese influence. Unlike prior studies that portray regional states as passive players, this analysis highlights Vietnam’s active role in influencing regional dynamics. Through comparative analysis with the Philippines, using historical case studies, geographic assessments, and policy reviews, the article offers practical insights for military and policy practitioners on how geography shapes alliance formation and strategic competition.

Key Themes In Sino-American History, David J. Lorenzo, Ian Murphy

The US Army War College Quarterly: Parameters

This article examines how historical narratives shape the messaging of the Chinese Communist Party and the People’s Republic of China, particularly regarding Sino-American relations. It identifies three key historical themes—trade, discriminatory policies, and Taiwan—that are frequently invoked in China’s statements and information campaigns. By contextualizing these themes, the article argues that military and national security professionals need a deeper understanding of Sino-American history to interpret China’s messaging correctly and counter its influence effectively. The article advocates for the integration of Sino-American historical content into professional military education curricula to enhance strategic awareness and policy formulation.