Digital Commons Network^™

News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin

Fordham Law Review

The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.

This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …

Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County, Spencer Emelia Petrick-Knoll

Fordham Law Review

Conflicts over the collections of public libraries have become increasingly frequent in the twenty-first century. In 2025, the Fifth Circuit held that library collections are government speech, thereby preventing patrons from challenging book removals. This Note critiques that decision and analyzes which First Amendment doctrine should govern the curation decisions of a public library. It examines the historical evolution of the public library and First Amendment doctrine to argue for classification of the public library’s collection as a limited public forum. This classification allows libraries to make reasonable, viewpoint-neutral decisions about retaining books in their collections while ensuring that viewpoint …

What Can States Teach? The Right To Education After Mahmoud, Will Simon

Fordham Law Review

In the summer of 2025, the U.S. Supreme Court set new limits on what public schools could require students to learn. Mahmoud v. Taylor pitted a school district interested in promoting pluralism against religious parents who wished to withdraw their children from classroom instruction that promoted celebration and acceptance of LGBTQ+ people. The Court found a violation of those parents’ constitutional right to freely exercise their religion, which both expanded the control parents can exert over their child’s public school education and increased the likelihood of similar claims going forward. As federal courts hear this newly expanded set of First …

The Mirage Of Meta Pixel Code: Redefining Pii In The Era Of Generative Ai, Sophie Venter

Fordham Law Review

Data privacy laws are intended to put consumers in control of whether their identifying data can be sold and used for targeted advertising. However, these laws do not provide adequate protections in the era of generative artificial intelligence (AI). This Note examines one way that existing privacy law permits companies to profit from selling data for targeted advertising without obtaining user consent: transferring video watching data in a pixel code. Some U.S. Courts of Appeals have determined that these data transfers do not sufficiently identify users and the videos they watched to constitute violations of user privacy. This has led …

How Many Pieces Form A Forbidden Picture? Protecting Privacy Through The Mosaic Theory Of The Fourth Amendment, Sam Ciaccio

MC Law Review

No abstract provided.

Red, White, And Due: How The Due Process Clause Can Prevent Homeless Encampment Cleanouts From Sweeping Individual Rights Under The Rug, Codie Hicks

MC Law Review

No abstract provided.

Closing Loopholes Or Creating Gaps: The Future Of Obstruction Of Justice Laws After Fischer V. United States, Helaina Theos

MC Law Review

No abstract provided.

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• Message from the Dean
• The Country's Pioneering Health Law Center
• Celebrating the 25th Anniversary of our War Crimes Research Office
• Foundations of Practice: Beginning the Journey from Law Student to Lawyer
• CWRU Law School's Teams Win Two National Championships in 2026
• Scholarly Impact
• 2025-2026 Conferences and Lectures Roundup
• Alumni Spotlight
• Class Notes
• In Memoriam
• Campus Comeback
• Diploma Day

Weird Cops (Agency Police), Farhang Heydari

Vanderbilt Law School Faculty Publications

The police badge has migrated deep into the administrative state. Parks, schools, transit, housing, revenue, conservation, insurance, and gaming agencies now field tens of thousands of sworn “Agency Police”—often with full arrest powers despite missions far removed from general public safety. The footprint of these officers is significant and expanding, outpacing the growth of traditional law enforcement. Far from being limited to certain communities, Agency Police attract support across the political spectrum, from law-and-order policymakers to reformers. And yet, Agency Police are largely ignored in legal scholarship. The result is that a large slice of U.S. criminal enforcement is poorly …

Regulating Police Robots, Farhang Heydari, Max Isaacs, Barry Friedman

Vanderbilt Law School Faculty Publications

Once considered a mere novelty, ground robots and aerial drones are quickly becoming a mainstream policing tool. Autonomous police robots, equipped with a panoply of cameras and sensors, have been sent into parks, schools, and train stations. Agencies across the country are piloting “Drone as First Responder” programs, which automatically dispatch drones in response to 911 calls. Police have used robots to disorient, immobilize, and use force against suspects.

Police robots may provide public safety benefits, but they may also carry real risks. The widespread adoption of highly mobile robots equipped with cameras, sensors, and analytics will only hasten the …

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …

Editorial Foreword Ijsls Volume 6 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

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Legalist Verses Realist Accounts Of United States V. Skrmetti, Neil S. Siegel

Faculty Scholarship

Although the Supreme Court is increasingly adopting an understanding of sex discrimination that is biologically focused and/or formalistic, this Article argues that the Court does not consistently apply that conception when doing so benefits transgender Americans. The Court’s conclusion in United States v. Skrmetti that no facial sex classification exists in Tennessee’s law banning gender-affirming care for transgender—but not cisgender—minors is irreconcilable with its conclusion five years earlier in Bostock v. Clayton County that Title VII’s prohibition on sex discrimination prohibits employers from firing employees just because they are transgender. Perhaps tellingly, only Justice Gorsuch, Bostock’s author, and Chief Justice …

Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury, James Kraska

International Law Studies

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.

Chacahoula 2026, Volume 93, Pawan Khatri, Alayna Pellegrin

Chacahoula

The 2026 issue of Chacahoula, There's No Place Like Home, emphasizes the way in which our university becomes a home to students.  Featuring prize-winning poetry from Allyson Gee, Nick Fredrick, Amaris Kendall and Anmol Subedi, the book includes December 2025 and May 2026 graduating classes, as well as stunning photography of  campus life on the banks of Bayou Desiard. With features covering students, faculty, and staff, this year's time capsule preserves an academic year in the life of the University of Louisiana at Monroe. This edition includes a video message from President Carrie Castille. Download the PDF to your device …

Teaching Objects Of Hate: The Jim Crow Museum Of Racist Memorabilia, Sara Moslener

Journal of Hate Studies

Dr. Sara Moslener interviews Dr. David Pilgrim, founder, curator, and director of the Jim Crow Museum at Ferris University. The Jim Crow Museum is undergoing a major renovation that will allow the museum’s more than 30,000 artifacts to be displayed and cared for. They discuss the place of material culture in teaching about racism, sustainability in anti-hate work, and the changing language of anti-hate education. The Jim Crow Museum at Ferris State University will celebrate its grand opening with a special presentation at 1 pm on September 30, followed by a ribbon cutting and self-guided tours. At 10 am on …

We Have Never Been Woke: The Cultural Contradictions Of A New Elite, By Musa Al-Gharbi. Princeton University Press, 2024. 432 Pages. $35.00. Isbn 978-069123260, Justin Sprague

Journal of Hate Studies

A scholar of women and gender studies, Justin Sprague reviews Musa al-Gharbi’s We Have Never Been Woke: The Cultural Contradictions of a New Elite. Focusing on four “Great Awokenings”—the Great Depression, the introduction of the GI Bill and ensuing counterculture movements of the 1960s, the financial precarity of the 1980s Reagan era, and the 2008 financial crisis and ensuing Occupy Wall Street movement—We Have Never Been Woke highlights the cyclical nature of the ideological/capitalist status quo and peels back the shiny veneer of politically “woke” and ideologically altruistic professionals to reveal how this group upholds a political economy that …

The Future Is Peace: A Shared Journey Across The Holy Land, By Aziz Abu Sarah And Maoz Inon. Crown, 2026. 240 Pages. $30.00. Isbn 979-8217086511, Jack Shepherd

Journal of Hate Studies

Jack Shepherd, a scholar of tourism studies, reviews Aziz Abu Sarah and Maoz Inon’s The Future Is Peace: A Shared Journey across the Holy Land. The authors, a Palestinian and an Israeli, have each lost loved ones to violence in the region where they now work promoting peace through tourism and travel. Organized geographically, The Future is Peace moves through Gaza, Jaffa, Tel Aviv, Jerusalem, the West Bank, Nazareth, and Galilee, telling the histories and providing political context to help readers understand the conflict there.

Carla The Rescuer. Produced By Kristine F. Hoover And Clement Lye; Directed By Clement Lye. In English. 2024; Color; 128 Minutes. Rescuer Productions., Mary Pat Treuthart

Journal of Hate Studies

Reviewed by Mary Pat Treuthart, Carla the Rescuer is a feature-length documentary about the life and work of Carla Peperzak, a Dutch girl whose father managed to get her Jewish identity marker removed from her identification papers after Germany invaded the Netherlands in 1940. Peperzak used her relative freedom to join the Dutch Resistance, forging documents and assisting Jews in finding hiding places. Though Carla the Rescuer focuses on Peperzak’s youthful bravery, her family only learned of it when her granddaughter asked her to speak about her wartime experiences to the child’s middle school class. Peperzak thus became a later-in-life …

All The Empty Rooms. Produced By Joshua Seftel, Conall Jones, James Costa, And Trevor Burgess; Directed By Joshua Seftel. In English. 2025; Color; 33 Minutes. A Smartypants Production, Distributed By Netflix, Christopher Strain

Journal of Hate Studies

Christopher Strain, an American studies scholar, reviews the Academy Award-winning short documentary All the Empty Rooms. Director Joshua Seftel’s film travels into the bedrooms of American children shot to death at school. Seftel visited children’s families over seven years, profiling in his film four children, ages 9 to 15, documenting the ordinariness of their childhoods before their deaths and the grief of the families they left behind.

Sharing Their Journey: A Conversation With Aziz Abu Sarah And Maoz Inon, Laura Morlock

Journal of Hate Studies

Aziz Abu Sarah and Maoz Inon, a Palestinian and an Israeli, have both lost loved ones to violence. Together, they advocate for peace. Interviewer Laura Morlock speaks with them about their shared journey, including the difficulties they face, how they handle criticism, and the validity of anger.

Chapter 2: Boarding The Shadow Fleet: Stateless Vessels In The Law Of The Sea, James Kraska

International Law Studies

No abstract provided.

Ensuring "The Right To Live In The World": The Right To Repair Powered Wheelchairs, Maximillian J. Grahl

Duke Law Journal

Twenty-seven years ago, in Olmstead v. L.C., the Supreme Court held that improperly institutionalizing people with disabilities is a form of unlawful discrimination. In doing so, the Court acknowledged that people with disabilities have a right to live free from confinement. Yet today, repair restrictions and outdated Medicare standards combine to threaten powered-wheelchair users' ability to live out in the world. Some states have responded by passing right-to-repair laws, which require powered-wheelchair manufacturers and suppliers to provide the resources necessary for more accessible and more timely repairs. This Note analyzes these state laws in the context of previous right-to …

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

From Conflict To Clarity: Drafting Parenting Plans Grounded In Practicality And Precision, Ariana D. Meyers

Child and Family Law Journal

No abstract provided.

Legal Orphans: Defining Who Is The Mother In Gestational Surrogacy Agreements, Emma Savoie

Child and Family Law Journal

No abstract provided.

The Legal Gaps Of Financial Sextortion In The Age Of Artificial Intelligence: Why The Take It Down Act Is Not Enough To Protect Children, Andrea Toussaint

Child and Family Law Journal

No abstract provided.

The Rippling Effects Of Lucia: How A 2018 Constitutional Violation By The Securities And Exchange Commission Continues To Affect Childhood Disability Cases Under Titles Ii And Xvi Of The Social Security Administration, Trixy Lora

Child and Family Law Journal

No abstract provided.