Digital Commons Network^™

Joint Bank Accounts: Who Needs Them?, Reid K. Weisbord, Stewart E. Sterk

Articles

Joint bank accounts, once known as a “poor man’s will,” emerged more than a century ago as a probate avoidance device. This Article contends that joint accounts no longer serve a useful estate planning function, and they pose an unacceptably high risk to banking consumers because the legal framework governing lifetime ownership rights is deeply flawed and underdeveloped. Courts typically apply one of two prevailing models for allocating lifetime rights: (1) the traditional joint tenancy approach, which presumes equal ownership of account funds by each party; and (2) the Uniform Probate Code’s approach, which presumes ownership in proportion to each …

Upr Report Submissions: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dàvila A., Lauren E. Bartlett

Faculty White Papers

This unofficial summary compiles information from reports submitted by civil society and others for the Fourth Cycle of the Universal Periodic Review of the United States.

The authors reviewed the submissions, which are reports from civil society and others, and grouped issues thematically, using the 2020 UPR themes and recommendations as the organizing framework. Within each theme, the authors synthesized recurring issues, patterns, and concerns identified across multiple submissions. For each issue, the unofficial summary follows a structured approach that presents international obligations first, followed by United States domestic law, and then facts drawn from the submissions. However, where reports …

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.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

North Carolina Law Review

No abstract provided.

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, …

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 …

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” …

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.

Intellectual Property Is A Drag [Queen], Brianna Pruitt

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.

"Death Without A Funeral", Holly Prince

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Understanding The Impact Of Childhood Trauma On Recidivism Among Justice-Involved Youth, Jasmine Valencia, Karina V. Garcia, Genaro Fabela

Electronic Theses, Projects, and Dissertations

Adverse Childhood Experiences (ACEs) are especially common among youth involved in the juvenile justice system, and research has consistently linked these early traumatic experiences to a variety of negative behavioral and developmental outcomes. Still, we do not fully understand how strongly cumulative ACE exposure predicts whether detained youth will reoffend, or whether trauma-informed rehabilitation programs can help reduce that risk. This proposed quantitative study explores the relationship between ACE scores and recidivism among youth ages 11–18 detained at the San Bernardino County Juvenile Detention Center. Grounded in trauma theory and ecological systems theory, the study focuses on two primary questions: …

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 …

Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson

Faculty Scholarship

The climate crisis has reached a perilous tipping point. Our entrenched reliance on fossil fuels remains unchecked, as fossil fuel corporations wield their power to block meaningful reform and entrench their profits. The political horizon offers little relief—an incoming administration is poised to dismantle vital environmental protections, stripping away the few safeguards that stand between us and climate catastrophe.

In this grim landscape, communities across the nation are turning to the courts with renewed urgency, seeking justice and reform through climate litigation. Yet past efforts have fallen short, stymied by two formidable barriers. First, by centering on greenhouse gas emissions …

Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose

Faculty Scholarship

Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for constitutional change, seemingly relegates these decisions to the Supreme Court because amending the federal Constitution is nearly impossible.

Unfortunately, our fixation on federal constitutional law often eclipses the power of state constitutional law. State constitutions balance our relatively static federal Constitution with responsive state governments. There is no need to debate what the Framers thought about modern issues when Americans can …

An Arbitration Revelation? The Evolution Of Ai And Online Arbitration, Emily Bishop

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 …

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

Beyond Skrmetti: A Constitutional Case For Gender-Affirming Care, Mateo-Luis A. Planas, Evan Gerstmann

Honors Thesis

In 2025, roughly 2.1 million adults in America identify as transgender, making up around 1% of the country’s total population. Despite this, the transgender identity has become a focus of political debates and made its way onto the U.S. Supreme Court’s docket in U.S. v. Skrmetti. The issue is not whether transgender people exist, but rather, how they ought to exist legally: if and when one can access medical care to pursue a gender transition. While many American doctors agree that these treatments are life-saving, since 2021, a slew of legislation has limited access for adults 18-21 (AMA, 2021). This …

Red 40 Riot: An Interdisciplinary Perspective On The Fight For Food Additive Regulation, Margaret Q. Gray

Honors Theses

This paper explores the chemical, business, and governmental influences that impact the perception and future of Red 40. This inquiry was inspired by the increasing trends towards health-conscious consumer preferences and the 2025 Red 3 ban. This thesis examines foundational research, modern sources, and public-facing articles to create a comprehensive understanding of both sides of the argument in support of and against regulation. The paper concludes that a three-pronged approach would be ideal to target each key perspective included: chemistry, business, government. The approaches include confirming chemical research method validity, encouraging governmental regulation, and corporate accountability and enforcement. The paper …

From Taboo To Treatment: A Trip Through A State-Based Roadmap To Psychedelic Rescheduling, Logan P. Doughty

Northern Illinois University Law Review

Psychedelics, a class of psychoactive substances that profoundly alter perception, mood, and cognition, show significant promise as a treatment option for mental health conditions such as depression, anxiety, and post-traumatic stress disorder. However, under the current regulatory framework of the Controlled Substances Act, these substances remain classified as Schedule I, the most restrictive category of federal control. This classification has made research and clinical access nearly impossible, largely due to the Drug Enforcement Administration’s insistence on randomized control trial evidence to satisfy the evidentiary standard of “currently accepted medical use” (CAMU). This evidentiary burden reflects more than a veneer of …

Are They Really Safe? The Impact Of The Safe-T Act On Victims Of Crimes, Brianna Reed

Northern Illinois Law Review Supplement

Within the past few years, Illinois has gone through a bail reform that has changed how a defendant’s pretrial custody status is determined. This reform has negatively impacted victims, resulting in more safety risks, judicial interpretation, and a decrease in resources. These issues are emerging as practitioners work with victims constantly and information becomes more available to the public. This Article, based in part on interviews with attorneys and victims’ services advocates, proposes remedies that legislators and counties can adopt to help balance the rights of defendants and victims. Some of these remedies include modifying the legislation, adopting different procedures, …

Policing Post-Overdose: Multidisciplinary Teams Are Key To Addressing Illinois’S Opioid Crisis, Natalie B. Thirtle

Northern Illinois Law Review Supplement

The opioid epidemic remains one of Illinois’s most pressing public health and safety crises, with thousands of overdoses reported annually. Illinois’s current State Overdose Action Plan (SOAP) relies on law enforcement to administer naloxone and refer people who use drugs (PWUD) to treatment. Yet, there is research that indicates Illinois police are opposed to these responsibilities due to personal bias, workplace culture, and a lack of training in the science of drug addiction. Some advocates call for decriminalization of drug use, pointing to models in Portugal, Oregon, and California. However, these approaches have struggled in the United States due to …

Mischaracterizing Officer Self-Defense Doctrine In Use Of Force Cases Will Have Catastrophic Effects On Fourth Amendment Analysis, Caleb Sook Yoon

Northern Illinois Law Review Supplement

As raised in Barnes v. Felix, the moment of threat doctrine was coined by the Fifth Circuit’s majority and concurring opinions written by Judge Higginbotham as being a test that only looks to the preceding moments that led to officers’ use of deadly force. This is a mischaracterization of the officer self-defense doctrine under the “totality of the circumstances” test established by Graham v. Connor when evaluating police use of force. Unfortunately, this mischaracterization has been reinforced by SCOTUS during oral arguments and through SCOTUS’s ruling. As the Supreme Court has remanded the case back to the district courts, this …

Marketing The Library: Engaging Law Students With Dynamic Displays, Lisa A. Gooden, Ariel Newman

Faculty Works

Academic law libraries increasingly serve as dynamic, student-centered spaces that extend beyond traditional collections. This article explores practical and creative approaches to marketing library resources through engaging, low-cost displays and interactive experiences. Drawing on initiatives at the University of Missouri–Kansas City School of Law Library, the authors highlight strategies for introducing students to multiple formats of legal study aids, promoting faculty scholarship through institutional repositories, and fostering a welcoming library environment with interactive and frequently refreshed displays. Examples include multimodal displays that integrate print and digital resources, the use of QR codes and design tools to showcase faculty research, and …

Is Hipaa Still Protecting Your Medical Data? An Analysis Of Deidentification As A Security Measure In The Age Of Ai., Jessica Novak

The University of New Hampshire Law Review

Artificial Intelligence is rapidly altering the landscape of many industries, and for some, faster than the law can necessarily keep up, leaving those industries unprotected from AI-related concerns. For the healthcare industry in particular, the integration of AI presents large-scale data privacy concerns. The current law protecting patient data privacy, the Health Insurance Portability and Accountability Act (“HIPAA”), is potentially already outdated and inadequate; concerns about HIPAA’s efficacy have long-existed and AI’s integration has only solidified this concern. It is potentially inadequate because of a provision within the law itself-deidentification. HIPAA allows healthcare providers to remove identifying information from a …