Digital Commons Network^™

From Cowboys To Corner Crossers: Reviving The Unlawful Inclosures Act To Protect Public Land Access, Brittany Kjerstad Mcknight, Ryan Mcknight

Cleveland State Law Review

As disputes over public land access intensify, “corner crossing” (the act of stepping from one parcel of public land to another at a shared corner with private property) has ignited legal and political battles across the West. At stake is not just the meaning of trespass, but the public’s right to enjoy land it lawfully owns. This Article argues that corner crossing is lawful and should be recognized as such under existing property law principles. It situates the modern corner-crossing controversy within a broader historical and doctrinal framework, tracing its roots to the Unlawful Inclosures Act of 1885 and the …

Unprotected In Public: Street Harassment And The Legal Control Of Female Resistance, Joanne Sweeny

Cleveland State Law Review

This Article traces the historical development of street harassment from its emergence in the Victorian era to its contemporary manifestations, situating it within broader social, legal, and gendered frameworks. It explores the cultural and structural forces that have enabled street harassment to persist over time, examining how it functions as both a method of gendered control and a reflection of public space dynamics. While street harassment has long been recognized by those who experience it as a form of violence and domination, the law has consistently failed to treat it as such. Instead, legal responses have often focused not on …

The Ninth Amendment And Natural Rights/Social Compact Theory: A Defense Of Fundamental Unenumerated Constitutional Rights In The Wake Of Dobbs, Joseph R. Guerra

Duke Journal of Constitutional Law & Public Policy

In ruling that the Due Process Clause of the Fourteenth Amendment does not protect a right to an abortion, the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization relied on reasoning that casts serious doubt on the continued validity of other unenumerated constitutional rights. According to Dobbs, unenumerated rights cannot be recognized unless they are deeply rooted in this Nation's history and traditions, and have long enjoyed legal protection. In ruling that a right to abortion failed this test, the Court asserted that its decision did not undermine other previously recognized unenumerated rights, such as rights to …

When Is Style Substance?, Jordi Fernadez Servitje

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

While we are all aware of our ability to judge a book by its cover, our critical eye extends beyond the face of the book and to the font it is printed in as well. Strictly speaking, font refers to the size, weight, and style of a particular letter, while typeface refers to the overall style and design of the script. The term font comes from the days of physical printing; the font was the metal stamp used for each particular letter. Physical fonts have become antiquated by the advent of digital printing, but in common vernacular, font has remained …

Who Pays For Carbon Recovery?, Carter F. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Lights Out: Energy Resilience In The Air Force, Carolyn Mattingly

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Revolutionizing Corporate Accountability: The La Oroya Case And The Right To A Healthy Environment In The Inter-American System, Teresa Jacques Valenzuela

University of Miami Inter-American Law Review

La Oroya v. Perú marks a pivotal moment in the evolution of Business and Human Rights and the Right to a Healthy Environment (R2HE) under the Inter-American legal framework. This paper examines the groundbreaking judgment of the Inter-American Court of Human Rights, which established new standards for state responsibility in regulating and supervising corporate activities to prevent environmental harm. By integrating principles of environmental law with human rights obligations, the case highlights the transformative potential of judicial action in addressing corporate accountability. While the judgment sets a precedent for advancing corporate responsibility, it exposes enduring challenges, including jurisdictional limitations, corporate …

Censorship And Human Rights Violations: The Suppression Of Freedom Of Expression, Press, And Assembly In Cuba, Nicaragua, And Venezuela, Elisabell Laura Velázquez

University of Miami Inter-American Law Review

As the days, months, and years go by, Cuba, Nicaragua, and Venezuela continue to violate the fundamental human rights of their citizens. Despite worldwide technological advancements and increased access to the digital world, these regimes continuously monitor and censor their citizens, depriving them of the fundamental rights to freedom of expression, press, and assembly. This article explores how censorship can represent a systemic violation of human rights. This article argues that strengthening cooperation between different international organizations is necessary because censorship in Cuba, Nicaragua, and Venezuela is a human rights crisis that impacts civil society. Furthermore, this article explains the …

The Right Of Nature: Lessons From Panama For Mangrove Protection In Miami, Jayson Fry

University of Miami Inter-American Law Review

Mangrove ecosystems are indispensable to climate resilience, yet traditional environmental governance has repeatedly failed to prevent their decline. This Note employs a comparative framework to examine Panama and Miami, two rapidly developing coastal regions facing parallel pressures of urbanization and sea-level rise, to demonstrate that mangrove loss persists not because law is absent, but because existing frameworks structurally authorize regulated degradation. Panama’s 2022 Rights of Nature Law, which grants ecosystems legal personhood and enforceable rights, represents a departure from anthropocentric environmental regulation. Its early judicial application in the Cobré Panamá mine case shows how rights-based protections can override extractive economic …

The New Banishment, Shosh Coalson

Seton Hall Law Review

No abstract provided.

The Roots Of Reasoning: An Analysis Of Irac’S Reductive Framework And The Restoration Of The Rhetorical Foundation, Leslie Patrice Culver

Seton Hall Law Review

No abstract provided.

Historical Claims And Environmental Harms: How Historical Analogues Can Be Utilized To Show Injury-In-Fact In Environmental Cases, Julia Landi

Seton Hall Law Review

No abstract provided.

Look To The Children: How New Jersey's Anti-Bullying Bill Of Rights Can Provide A Framework For Workplace Bullying, Bridget Knodel

Seton Hall Law Review

No abstract provided.

Resuscitating Old Methods: How Executions By Nitrogen Hypoxia Violate The Eighth Amendment, Hannah Caldwell

Seton Hall Law Review

No abstract provided.

Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones

Pepperdine Law Review

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …

Crimmigration: How It Can Protect Immigrant Rights, Aspen Griffing

Criminal Law Society Blog

“Crimmigration: How it Can Protect Immigrant Rights,” addresses the expansion of Immigration and Customs Enforcement under the Trump II Administration and its impact on the immigrant community in the United States. This Article recognizes the punitive nature that civil immigration proceedings, oftentimes posing consequences as severe as those in criminal proceedings. As such, this Article proposes a procedural concept of “crimmigration” to protect immigrant rights. A “crimmigration” framework would offer immigrants the right to Miranda warnings, prompt judicial determinations of probable cause, the right to a speedy trial, and the right to appeal, among other protections. While the harms caused …

Trademark’S Parody Problem, Christine Haight Farley

Research Reports & White Papers

This Article challenges the Supreme Court's recent assurance that trademark parody is adequately protected under ordinary infringement doctrine without the need for special speech safeguards. In Jack Daniel's Properties, Inc. v. VIP Products LLC, the Court curtailed the principal First Amendment defense for expressive trademark uses while predicting that parodies would nonetheless prevail under the likelihood of confusion test. This Article shows why that prediction is mistaken. Drawing on recent case law and trademark doctrine, it identifies four structural vulnerabilities that now confront parody: the expansion of "trademark use" as a gatekeeping device that excludes parodists from speech-protective …

The Judicial Police Power, Alice Ristroph

Villanova Law Review (1956 - )

No abstract provided.

Fiscal And Foreign Relations Dimensions Of Financial Stability Regulation, Ilya Beylin

Villanova Law Review (1956 - )

No abstract provided.

Perverse Tax Incentives And The Destruction Of Creative Works, Luke Maher

Villanova Law Review (1956 - )

No abstract provided.

Legalistic Noncompliance, Daniel T. Deacon, Leah M. Litman

Duke Law Journal

Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to comply? And what if a form of noncompliance is already occurring?

This Article documents an emerging practice that has dominated the second Trump administration's approach to unfavorable court rulings, a practice this Article calls legalistic noncompliance. Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not. Drawing …

The Impact Of State And Federal Policies On Academic Researchers: Findings From A National Survey, Dylan Ruediger, Chelsea Mccracken, Jonathan Barefield

Copyright, Fair Use, Scholarly Communication, etc.

Key findings

● State and federal policies targeting divisive concepts or DEI are shaping research agendas at scale and across disciplines. Twenty percent of all respondents, and 29 percent of researchers working in states with divisive concepts or similar laws, reported having avoided certain research topics because of state laws and policies.

● Eight percent of respondents representing a wide range of disciplines reported having had a federal grant cancelled in 2025.

● Eleven percent of respondents reported that federal and state policies restricting research activities are compelling them to seek employment out of state, to leave the academy, or …

Prompt Engineering For Lawyers: We Will Add Your Distinctiveness To Our Own: Iterative Refinement And Prompt Chaining, Cliff Mckinney

Arkansas Law Notes

In the last edition, we explored two advanced prompt engineering techniques, chunking and few-shot prompting. In this edition, we will examine two more useful techniques: iterative prompt refinement and prompt chaining. Iterative prompt refinement involves repeatedly rephrasing and refining questions to lead to a better response. Prompt chaining involves guiding the artificial intelligence through related multi-step reasoning.

At first glance, iterative prompt refinement and prompt chaining may seem like the same concept, but the key difference lies in their approach. Refinement improves a single prompt through repeated adjustments, whereas chaining links a series of prompts together to tackle different stages …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Using Ai To Identify National Security Threats: A Holistic Examination Of The Legal Risks And Increased Need For Regulation, Skylar Mcvicar

Duke Journal of Constitutional Law & Public Policy Sidebar

Artificial intelligence (AI) is integrating rapidly into daily practice, including in the national security sector. AI has the potential to improve bureaucratic efficiency, enhance military intelligence and threat assessment, and develop autonomous vehicles and weapons, making it a revolutionary tool in national security. Since AI implementation is a relatively recent phenomenon, there is currently limited governmental regulation in place to safeguard against potential violations of civil liberties and other legal risks. Given AI's capacity to infringe on certain civil liberties such as the Fourth Amendment right to privacy and the Fourteenth Amendment protection against discriminatory policies, establishing strong oversight measures …

Tariff Exposure In The U.S. National Sector: An Input-Output Analysis Of 2018-2019 Tariffs An Input-Output Analysis Of 2018-2019 Tariffs, Sean Curry

Undergraduate Research Symposium Podium Presentations

In March 2018, the United States imposed tariffs on imported steel and aluminum under Section 232 of the Trade Expansion Act, aiming to strengthen domestic production. While the policy targeted upstream industries, it raised many important questions such as: how do higher input costs affect employment in downstream industries that rely on these materials? This study examines the relationship between tariff exposure and employment growth using national industry-level data. The sectors chosen for this study were inspired from Nevada's unique economic structure. Nevada’s economy ( primary: services, mining, and a small but growing manufacturing sector) provides a good framework for …

Glossip’S Road Map To Nowhere, Vida Johnson

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2025 decision in Glossip v. Oklahoma was heralded as a victory for the defense. This essay argues that the 2025 Glossip decision does little to fix the myriad problems that led to Mr. Glossip’s wrongful conviction. While ultimately the Supreme Court reached the correct outcome this time, the ordinary judicial process and its purported safeguards were not what saved Mr. Glossip’s life. Rather, it was random chance that came to Mr. Glossip’s aid.

Ten years earlier, the Supreme Court, with many of the same Justices on the bench now, paved the way for Mr. Glossip’s execution. The …

In The Shadow Of Justice: How The Mythos Of The Batman Balances Major Ethical Theories In His Pursuit Of Ideal Justice, Camille Bewley

Ex Sapientia Loqui

For more than eighty years, the Batman character has exhibited a unique synthesis of major theories of Justice, and through his experiences as a vigilante, exemplified the pursuit of the ideal virtue of Justice. Because virtue requires a lived example to be understood, Batman is one of the foundational stories fulfilling this need for one of collective society’s prominent pillars. Within the horror of Gotham City–a hyperbolic, fictional representation of urban corruption–Batman’s actions as a vigilante, walking a tightrope to maintain morality even above the law might not only be justified, but necessary. The Batman’s nature, balancing ethical theories and …

Don’T Just Ask The Kids: Toward A More Deliberate Approach To Child Advocacy, Dale Margolin Cecka

Maryland Law Review

No abstract provided.