Digital Commons Network^™

From Smallpox To Synthetic Biology: The Evolving Threat Of Biological Weapons And The Jus Ad Bellum, Sabrina I. Slagowitz

Duke Journal of Comparative & International Law

Biological weapons are not new, but recent developments in genetic technology have fundamentally transformed their threat potential. Advances in genome sequencing, editing technologies, and CRISPR have made pathogen modification faster, cheaper, and more accessible than ever before, reinvigorating fears of large-scale biological warfare and giving rise to a new class of synthetic bioweapons. This note examines the implications of genetically modified biological weapons for the jus ad bellum, the international law governing the use of force. Drawing an analogy to cyberweapons, it argues that bioweapons share key characteristics with cyberweapons—stealth, latency, asymmetry, non-kinetic lethality, and anonymity—that will generate similar legal …

A Proposed Uniform System For Title Ix-Compliant Revenue Sharing In A New Era Of Intercollegiate Athletics, Jackson Schneider

DePaul Journal for Social Justice

Revenue sharing between colleges and universities and their student-athletes marks one of the most significant developments in the NCAA’s nearly 120-year history. House v. NCAA and its subsequent settlement enabled many Division I colleges and universities to begin sharing revenue directly with student-athletes in 2025. However, the House Settlement leaves a critical question unanswered: whether revenue sharing must comply with Title IX requirements. In the absence of judicial, legislative, or executive guidance, colleges and universities possess nearly complete discretion as to the amount of revenue to share, how to share it, and with whom to share it. This discretion creates …

How Licensing Compromised The Library, Aaron Perzanowski

Seattle University Law Review Online

Public libraries are besieged on multiple fronts: spiraling costs, budget cuts, book bans, patron privacy risks, inaccessible digital exclusives, embargoed titles, and unstable collections—not the mention a general decline in reading coupled with an upswing in reliance on artificial intelligence. No single development can explain all of the many challenges facing libraries today. But this Article argues that the shift from library-owned print collections to licensed digital ones is an overlooked throughline that has contributed to this constellation of challenges in underappreciated ways. For centuries, the first sale doctrine gave libraries broad autonomy over what they acquired, preserved, and lent. …

The Library Of Congress’S Essential Role In Digital Preservation: Reconceiving Mandatory Deposit After Valancourt, Dave Hansen

Seattle University Law Review Online

As the published record shifts to digital formats, the mechanisms that have ensured long-term preservation are breaking down. Most libraries acquire digital materials through licensing agreements that prohibit preservation copying, format migration, and interlibrary loan—contractually overriding the exceptions Congress enacted in the Copyright Act. The Library of Congress occupies a unique position: Through statutory deposit under 17 U.S.C. §§ 407 and 408, it collects copyrighted works pursuant to federal law rather than license agreements, and deposited copies become federal property under § 704, free from contractual restrictions. This Article examines how the Library’s deposit authority can be strengthened after the …

Separation Of Copyright Powers, Blake Reid

Seattle University Law Review Online

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers.

Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

The Library Of Congress At A Crossroads: Executive Overreach And The Future Of Public Knowledge, Leslie A. Street, Amanda Runyon

Seattle University Law Review Online

In May 2025, President Trump's removal of the Librarian of Congress and attempted removal of the Register of Copyrights precipitated a constitutional crisis that exposed fundamental structural vulnerabilities in the nation's knowledge infrastructure. This Article argues that the Library of Congress faces a dual threat: a constitutional breach of separation of powers and a cultural threat to the preservation of America's intellectual heritage. The Library's structural ambiguity — its simultaneous identity as a legislative library, national library, and copyright agency — has left it vulnerable to executive overreach that threatens both constitutional integrity and its role as custodian of national …

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle Wu

Seattle University Law Review Online

Rapid developments in technology have radically changed the practice of copyright; however, this revolution has provided disproportionate, lopsided advantages to corporate interests over public ones. For example, publishers today can charge the same buyer for the same e-book many times over while simultaneously depriving them of the rights normally conveyed with purchase, such as the rights to resale, donation, lending, and bequeathing. Technology itself is a neutral tool, so there is no reason that the current landscape must be so unbalanced. This Article explores two ways in which libraries can both maximize the public benefits of knowledge and provide added …

So Much More Than Greenacre, Christine Rollins

The Journal of Law Teaching and Learning

No abstract provided.

Bartender Rescue: Sex Discrimination, Nepotism, And The Legacy Of Goesaert V. Cleary, Michael E. Solimine, Michelle Brodersen

Penn State Law Review (2003 - Present)

No abstract provided.

Maurice Robinson V. The State Of Nevada, 142 Nev. Op. 37 (May 21, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

Elder exploitation is charged as one unit per victim, and certain theft offenses may be aggregated when committed as part of a scheme or continuing course of conduct.

Flowing Borders: U.S. Border Externalization In Latin America And The Los Angeles Declaration On Migration And Protection, Magdalena Olvera Hernandez

Master's Theses

In recent years, Latin America has emerged as a central transit region for extracontinental migrants originating from Africa, Asia, and the Middle East who seek to reach North America through alternative routes. This thesis examines the Los Angeles Declaration on Migration and Protection, among other regional migration governance frameworks that have reshaped migratory flows, state responsibilities, and protection outcomes in the Western Hemisphere. Focusing on the Darién Gap as a strategic chokepoint, the study analyzes the effects of coordinated migration policies, border externalization, and differentiated state roles on extracontinental mobility.

Drawing on official migration statistics from Panama, the United States, …

A Qualitative Study Into The Impact Of Sweeps On Homeless-Serving Mutual Aid Groups In Portland, Or, Clover Javurek-Humig

Dissertations and Theses

Sweeps and land use enforcement are among the most persistent issues impacting unhoused communities. Mutual aid groups in Portland network with unhoused people regularly to mitigate the impacts of sweeps, provide direct aid, and build social capital among encampments. This study aims to understand the impact of policing and sweeps on mutual aid groups working with unhoused communities in Portland, OR. I conducted 18 interviews with mutual aid organizers and 8 months of fieldwork with mutual aid groups in Portland, OR in the years of 2025–2026. Transcripts were analyzed using a general inductive approach. This study finds that 1) Mutual …

Efektivitas Program Alokasi Dana Nagari (Adn) Satu Miliar Per Nagari (Smpn) Di Kabupaten Pasaman Barat (Kasus Pembangunan Fisik Di Nagari Sinuruik Dan Nagari Rabi Jonggor), Haryadi Haryadi

Jurnal Hukum & Pembangunan

Abstract

Integrating Free, Prior, And Informed Consent Into Indonesia's Palm Oil Regulatory Framework For Indigenous Protection, Ermanto Fahamsyah, Natasya Aulia Putri, Ramadhan Dwi Saputra, Vicko Taniady

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines the absence of a binding Free, Prior, and Informed Consent (FPIC) mechanism in Indonesia's palm oil regulatory framework, which has resulted in recurring land conflicts and insufficient protection for indigenous peoples whose customary territories are converted into plantation concessions. It aims to analyze the weaknesses of the current legal framework and to evaluate FPIC models in the Philippines and Colombia as potential references for national reform. This study adopts a normative legal method using statutory, case-based, and comparative approaches. Primary and secondary legal materials were examined to assess Indonesia's existing protections for indigenous peoples and to compare …

Separation Of Copyright Powers, Blake Reid

Seattle Journal of Technology, Environmental, & Innovation Law

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers. Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

Avoiding Pandora’S Box: Why Federal Nondiscrimination Statutes Do Not Prohibit Health Insurance Coverage Exclusions Of Sex-Rejecting Procedures, Rachel N. Morrison

Catholic University Law Review

There is increasing litigation over whether employer-provided health insurance and state Medicaid plans can exclude coverage of procedures for “gender transitions.” Plaintiffs claim that gender-transition coverage exclusions violate the Equal Protection Clause of the Fourteenth Amendment and federal nondiscrimination statutes. While Fourteenth Amendment claims should be foreclosed by the Supreme Court’s holding in Geduldig v. Aiello, nondiscrimination claims require a separate analysis.

This article shows the proper analysis for whether coverage exclusions of transition procedures violate federal nondiscrimination statutes. Looking to the history of coverage exclusion claims, Part I traces sex and pregnancy discrimination claims challenging coverage exclusions of …

Rahimi's Goldilocks Dilemma: Finding The "Just Right" Age Of Tradition, James M. Handwerk

Texas A&M Law Review

Although its edges are obscured with unresolved tension, the Supreme Court’s recent sortie into Second Amendment interpretation sparked a new era of historical scrutiny. Some question whether the various difficulties present in the new framework render the doctrine unworkable. Rahimi’s Goldilocks Dilemma examines the interpretive obstacles posed by the text, history, and tradition framework, which was brought to light in New York State Pistol & Rifle Ass’n v. Bruen and United States v. Rahimi. Particularly, this Comment focuses on the role that pre-ratification history plays in finding “relevant” historical analogs. Pre-ratification history, as defined by this Comment, includes …

When Platform Regulations Fail: An Institutional Fix For California Social Media Laws, Roz Kohan

LLR Forum

Three recent Ninth Circuit decisions struck down parts of California’s content moderation laws regarding transparency, child-safety, and algorithmic design on First Amendment grounds. Such challenges act as a barrier to effective platform regulation. When examining past speech regulations that withstood such challenges, telecommunications law provides guidance for the platform context. The lack of expert administrative agencies accounts for the failures of content moderation regulation. This Forum Article argues for the creation of a specialized California agency to produce rules and regulations that withstand First Amendment challenges.

An End To The Madness: How Justice Barrett Provides A Way Out Of The Categorical Approach, Sarah Webster

Catholic University Law Review

Is murder by omission a crime of violence? In its October 2024 term the Supreme Court of the United States was asked this very question in Delligatti v. United States. This case appeared before the Supreme Court because of its 2019 decision United States v. Davis. In Davis, the Supreme Court narrowly held the residual clause of 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague as a result of its interpretation that the statute required a categorical approach. As a result, federal courts have been forced to provide pages of painstaking analyses to hold that murder by omission …

Fixing Our Borders Of Injustice: The Fall Of Chevron Brings New Hope For Gender-Based Violence Asylum, Lara Mcleod

Catholic University Law Review

The Immigration & Nationality Act (INA) governs U.S. immigration law and was enacted to assist and protect international refugees from persecution and threats to life or freedom. The primary legislative purpose of the INA was to conform U.S. asylum law to international standards established in the 1967 Refugee Protocol. This Comment will critically examine the former Biden Administration’s June 2024 Proclamation on Securing the Border, illustrating how the Proclamation’s deterrence-based policies failed to meet the United States’ protective obligations under both international and federal law standards and underscored the inherent flaws of the Executive Branch’s enforcement of U.S. asylum law, …

Unfair And Deceptive Pay: A Consumer Protection Approach To Algorithmic Personalized Wages, Noah Madoff

Minnesota Journal of Law & Inequality

The rise of digital commerce, consumer surveillance, and bigdata analytics have given rise to a new set of pricing techniques in the first quarter of the 21st century. Much has been made of algorithmic price discrimination—the commercial practice of charging consumers individualized prices for identical goods and services. Considerably less attention has been paid to parallel development in the world of work—the emergence of “algorithmic personalized wages” that individualize worker pay for identical work. Algorithmic personalized wages are not a significant development because they are ubiquitous in contemporary employment arrangements—they are not—but because they contain the kernel of a harsh …

Introduction, Jaxon Alston, Jessica Payne, Kaylie Vasquez

Minnesota Journal of Law & Inequality

No abstract provided.

‘Mic Fright’: The Dire Reality Of Employment Classification In Unscripted Television, Jessica A. Payne

Minnesota Journal of Law & Inequality

Reality television has grown over the last near-century into both a staple of popular culture and an overwhelmingly lucrative industry. While the genre had a relatively innocent beginning, what shows have become is an increasingly extreme set of formats seeking to illicit shock, jealousy, and, above all, loyal viewership from its audience. These aims are driven entirely upon the participants who vie for a place within the cast to compete for love, money, and fame. However, the participants whom audiences adore or love to critique face significant barriers in their pursuit in addition to life-altering post-production realities; in part based …

Dynamic Displacement: How Algorithmic Rent Pricing Threatens To Exacerbate Barriers To Housing Voucher Use And Mobility, James W. Matthews

Minnesota Journal of Law & Inequality

Tenant-based rental vouchers have long played a central role in efforts to expand affordability and economic mobility. Despite growing demand amid a deepening housing crisis, funding for federal rental assistance is under attack. Meanwhile, longstanding barriers, such as rising rents, source of income discrimination, and program design limitations, continue to restrict access to housing, especially in high-opportunity neighborhoods. These challenges are now compounded by the growing influence of private equity firms and other institutional investors, whose rapid acquisition of rental properties is reshaping the market by prioritizing extractive profits over affordability and tenant stability. At the same time, consolidation among …

Lend Me Your Interest Rates: Rent-A-Bank, Fintech, And True Lenders, Reeves Singleton

Minnesota Journal of Law & Inequality

The rise of fintech has bolstered so-called rent-a-bank lending, a scheme through which online lenders partner with national banks in order to take advantage of the banks’ ability to “export” high interest rates to states with strict usury laws. This framework allows lenders to more freely target financially vulnerable populations with high-cost loans. Courts currently tend to consider three often conflicting doctrines to assess the legality of such loans. This Note first reviews these three strands of analysis: (1) the valid-when-made doctrine, which is the least protective of consumers and upholds a loan’s initial legality regardless of transfer; (2) the …

Table Of Contents

BYU Law Review

No abstract provided.

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle M. Wu

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Heat Of The Moment: Rethinking The Endangered Species Act Amidst The Sixth Mass Extinction, Sarah Morton

Texas A&M Law Review

The biggest natural disaster facing humans today likely won’t be on the front page of the news. That doesn’t mean its impacts aren’t already being felt. Despite other disasters, like wildfires and hurricanes, dominating headlines, extreme heat is the leading cause of weather-related mortality in the United States. Even worse, extreme heat makes other natural disasters more severe and is decimating the Earth’s biological diversity at a rate that could soon become irreversible. The cost of widespread biodiversity loss is incalculable. Depleting ecosystems eradicates crucial services that nature provides for humanity, including clean air and water, food security, and cooling. …

Operational Responsibility In Ai Governance: A User-Centric Liability Framework, Zhengyang Chen

Faculty Publications

Who bears responsibility when artificial intelligence systems cause harm? This question has become central to AI ethics and governance. Most existing approaches focus on developers, yet this faces serious practical and theoretical problems. Drawing on tort law, agency law, and philosophy of technology, this paper argues that AI should be understood as an instrument whose outputs remain the responsibility of human operators rather than developers. We call this 'user-centric governance.' Placing accountability with deployers promotes public trust by creating clear lines of responsibility, a concern that governance approaches have often overlooked. It preserves democratic accountability by keeping human actors answerable …

Digital Judgment: Towards A Bloackchain-Based Recognition System, Avaskhan Z. Asanaliyev

Richmond Journal of Law & Technology

Blockchain technology offers judicial systems a transformative opportunity to enhance the efficiency, security, and transparency of court judgments. This article explores how blockchain-based judgment records could streamline recognition and enforcement procedures. Current methods for authenticating and recognizing judgments depend on slow, manual certification processes and state-specific rules. These approaches create administrative delays, expose systems to fraud, and struggle to keep pace with a digital, global legal landscape. In contrast, a decentralized ledger secured by cryptographic verification would deliver near-instant, tamper- proof records. This could significantly expedite cross-jurisdictional enforcement while upholding due process and reliability. The article reviews recent advancements in …