Digital Commons Network^™

How Licensing Compromised The Library, Aaron Perzanowski

Articles

Libraries are under attack on multiple fronts. Fueled by right-wing talking points, social-media misinformation, and conspiratorial fantasy, efforts to remove or restrict access to books in public and school libraries have exploded across the United States. At the same time, libraries have confronted a disturbing rise in threats of violence and harassment directed at staff and patrons. State and federal actors have targeted library budgets. And on occasion, local residents have voted to defund their own libraries.

But it gets worse. Libraries face new challenges to their basic operations. Materials are harder than ever to acquire, and many in-demand digital …

Blue Sky Thinking In A Red Sky World, Camila Bustos, Joshua Ulan Galperin, Margot J. Pollans, Laurie Jamile Beyranevand, Rebecca Bratspies, Cinnamon Carlane Hirokawa, Sarah Fox, Keith H. Hirokawa, Sarah Matsumoto, Anthony Moffa, Laura Mott, Jessica Owley, Gabriel Pacyniak, Melissa Powers, Paul Rink, Kristin Van De Biezenbos, Leehi Yona

Elisabeth Haub School of Law Faculty Publications

In 2004, visionary environmental leader Gus Speth's book Red Sky at Morning warned that “[a] global crisis has unfolded quickly ... but so far we seem unable to step from the path to disaster.” More than 20 years later, we have made great gains, but the fundamental transition Speth envisioned did not come to pass, and global environmental deterioration continues to intensify at an alarming pace. Approaching Speth's “red sky world” with “blue sky thinking,” members of the 2025 Environmental Law Collaborative explored new strategies for a more sustainable future. This latest in a biannual series of essays covers a …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

Avoiding Rough Waters Of Uncertain Liability: A Call To Anchor Section 12 Solicitation Liability Under A Clarified Direct And Active Standard, Hunter Thomas

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Back To The Future: Impact Of Affordable Care Act On Health Equity And Risks Of Backsliding In Era Of New Hurdles For Obtaining Coverage And Health Care, Renée M. Landers

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Beyond Health Reform: The Aca And The Social Drivers Of Health, Wendy E. Parmet, Jasmine M. Howard

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Mount Laurel’S Fourth-Round Affordable Housing Obligations: Do The Recent Obligations Pass The Constitutional Muster Of The Takings Clause?, Agnieszka Karkoszka

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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

University of the Pacific Law Review

No abstract provided.

The Death Of The Rule Of Law In America: The Responsibility Of The Lawyers, Steven A. Ramirez

University of the Pacific Law Review

No abstract provided.

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

Agency Fact-Making, Haiyun Damon-Feng

Articles

Modern administrative-law scholarship, theory, and doctrine generally conceptualize agencies as engaging in three primary functions: rulemaking, enforcement, and adjudication. This understanding of agencies has informed deep debates surrounding the power, independence, and constitutional legitimacy of the administrative state. But the prevailing account is incomplete. It overlooks a fourth core function of the administrative state: its fact-making, or epistemic, function. Across the administrative state, agencies create and disseminate information in ways that are uniquely comprehensive and uniquely powerful. Agencies’ epistemic outputs include the census generated by the Census Bureau, repositories of public-health information maintained by the Centers for Disease Control and …

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

North Carolina Law Review

No abstract provided.

Off-Label Neuroimaging, Jane Campbell Moriarty

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.

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

U.S. Shareholder Activism: Convergence With Japan, Nobuhisa Ishizuka

Faculty Scholarship

To many observers long accustomed to slow, incremental change, the current boom in shareholder activism in Japan comes as a surprise. The opening for U.S.-style activists was created by market conditions that eventually resulted in policy changes that attracted significant numbers of foreign investors. However, even the current market would not have emerged without a parallel evolution in U.S. hedge-fund tactics, which gradually shifted over a number of years to a sophisticated and more nuanced approach, one based on partnership and dialogue with target companies, in contrast to adversarial relationships and public campaigns. This article attempts to place current trends …

Do We Really Have The Right To Breathe Clean Air?, Rebecca Bratspies

UC Law Journal

Setting environmental standards involves judgment calls about what level of protection is “adequate,” what technical measures are “feasible” and even what level of pollution is consistent with “clean air, clean water and a healthful environment.” On his first day in office, Trump drove a truck through those judgment calls by repealing all the executive orders related to racial justice, environmental justice, and climate change that had been guiding agency exercises of discretion. Since then, his Administration has done its best to gut environmental protections—repealing long-standing regulations and abandoning customary decision practices. Overall, the Trump Administration has created a regulatory void, …

“The State V. The State:” Feuding Prosecutors And The Battle Over Post-Conviction Concessions, Dana Bazelon

UC Law Journal

One of the persistent questions of criminal law is how prosecutorial authority is allocated among different sovereign entities: Courts and scholars have wrestled time and again with questions of how criminal enforcement power should be divided between federal and state law enforcement. But the balance of power between state and local prosecutors has received far less attention, in large part because, until recently, the allocation of authority has been remarkably consistent: The overwhelming majority of state law enforcement power, by statute and by custom, has been concentrated in the hands of local prosecutors. In most states, state attorneys general have …

Transgender Rights Federalism: Protecting Gender-Affirming Care In State Courts, Julia Hunter

UC Law Journal

In United States v. Skrmetti, the Supreme Court rejected a landmark equal protection challenge to Tennessee’s ban on gender-affirming care for minors. In doing so, the Court substantially hindered or, at worst, entirely foreclosed federal equal protection challenges to gender-affirming care bans. Many Americans consider the Supreme Court the final arbiter of their constitutional rights. For decades, they would have been correct—when the Court was consistently expanding fundamental liberties, there was little incentive to look elsewhere for protection. But in eras of federal rights retrenchment, state courts have shown a willingness to step forward and interpret their constitutions independently and …

Capital Without Contribution, Saamia Aziz

UC Law Journal

The United States offers immigration pathways based on economic contribution, yet this principle is applied inconsistently across employment-based (EB) visa preference categories. While the EB-1, EB-2, and EB-3 visas require immigrants to demonstrate exceptional ability, advanced education, or labor market necessity, the EB-5 investor visa grants permanent residency solely in exchange for capital. This Note argues that this inconsistency exposes a deeper flaw in U.S. immigration law: an incoherent and unequal definition of “economic value.” By treating capital as a sufficient basis for citizenship—without requiring skill, integration, or verifiable public benefit—the EB-5 program reveals how U.S. immigration policy privileges wealth …

Masthead

UC Law Journal

No abstract provided.

Copyright

UC Law Journal

No abstract provided.

Global Tax Decluttering, Shu-Yi Oei, Diane M. Ring

UC Law Journal

Major global players—most prominently the Organisation for Economic Cooperation and Development (OECD) and European Union—have recently begun advocating that countries “declutter” their tax systems to tidy up, repeal, or eliminate pre-existing domestic anti-abuse tax rules. The reasoning is that these country-level rules are now duplicative or burdensome in light of a new global tax agreement spearheaded by the OECD and G20 and multilaterally agreed upon in 2021 by over 140 countries. Yet, this new multilateral regime is still in the process of being rolled out and is entirely untested.

In this Article, we examine this recently emergent “tax decluttering movement” …

Streamlining Client Information For Post-Conviction Relief In Monterey County, Selena Lopez Arizmendi

Capstone Projects and Master's Theses

This capstone project addresses barriers to record clearing services that impact recidivism and reentry outcomes in California. Individuals with criminal records often face challenges in securing employment, housing, and stability, increasing the likelihood of continued justice system involvement. The Clean Slate Program at the Monterey County Public Defender’s Office provides post-conviction relief services to help reduce these barriers. Although Proposition 47 funding ended in February 2026, program services have continued. This project identified a need for a standardized, client-friendly informational resource, as key information has historically been communicated verbally, limiting understanding and retention. To address this gap, a concise Clean …

The Final Edit: Strategies For Legislative Success Of The Press Act And Strengthening The Protections Of Freedom Of The Press, Tess Theisen

Barry Law Review

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

The Establishment Clause And The Ten Commandments Post-Lemon, Richard Kato

Northern Illinois University Law Review

Louisiana recently passed a law requiring that a display of the Ten Commandments be placed in all public school classrooms in the state. The law is currently facing an Establishment Clause challenge in the Fifth Circuit. This Comment argues that Louisiana’s Ten Commandments law does not violate the original public meaning of the Establishment Clause. The history of the Establishment Clause suggests that noncoercive support of religion was widely accepted before and up through the time of the First Amendment’s enactment. Following Kennedy v. Bremerton School District’s abandonment of the Lemon v. Kurtzman test, the Ten Commandments law must …

The Power And Peril Of The Aca’S Universality At Fifteen, Nicole Huberfeld

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Taking The Lex Mercatoria To Space, Tatiana Sainati

Arbitration Law Review (2009 - Present)

No abstract provided.