Digital Commons Network^™

So Help Me God: The Corroding Of The Establishment Clause’S Independent Force As Seen In Texas Public Schools, Quinn P. Biggio

Student Works

No abstract provided.

Ice Is In Your Children's Schools: How Trump's Immigration Raids Could Revive The Case For A Constitutional Right To Education, Alyssa A. Ettore

Student Works

No abstract provided.

Banning Books, Silencing Voices, And Endangering Democracy: How Contemporary Book Bans Hinder Public Education, Melissa Mcgloin

Student Works

No abstract provided.

Servi Dei: Prosecutors & The Common Good, Zachary A. Chin

Student Works

No abstract provided.

A Comparison Of Catholic Moral Theology And The American Criminal System, Paige Rufolo

Student Works

No abstract provided.

The Department Of Education “Needs Assistance:” Redefining And Reinforcing Compliance Under The Individuals With Disabilities Education Act, Jacklyn Morgentaler

Student Works

No abstract provided.

Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman

Student Works

No abstract provided.

Censoring History: Florida’S “Stop Woke” Legislation, The Fight Over Critical Race Theory, And The Case For Inclusive Curricula., Chloe Schafer

Student Works

No abstract provided.

Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman

Student Works

No abstract provided.

It’S Gone To The Dogs: The Need For Regulation In Professional Service Dog Training, Crystal J. Elsner

Dickinson Law Review (2017-Present)

Currently, no state requires professional service dog trainers to pass any test or obtain any occupational licensure to prove their competency. While the Americans with Disabilities Act and its implementing regulations do not require that dogs complete a professional training program to be considered service dogs, many individuals with disabilities choose to use such programs. The unregulated nature of the industry allows inexperienced individuals to market themselves as professionals, which can harm not only the dogs receiving training but also the humans that will eventually take them home. Further, the lack of industry oversight leaves room for bad actors to …

Guilty Till Proven Innocent: Pennsylvania’S Battle With Eyewitness Misidentification And Wrongful Convictions, Chante Whyte

Dickinson Law Review (2017-Present)

In his dissent in Watkins v. Sowders, Justice William J. Brennan of the United States Supreme Court found, “[T]here is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says ‘That’s the one!’” Eyewitness identifications play a crucial role in the investigation and prosecution of crimes. However, the reliance on eyewitness testimony has also given rise to a significant issue within the criminal justice system: eyewitness misidentification. This phenomenon is now recognized as the leading cause of wrongful convictions in the United States. Over the years, extensive scientific and …

A Level Playing Field: Title Ix, The House Settlement, And A Sustainable Solution For College Athletics, Delaney Sniffen, Kirk Wolff

Dickinson Law Review (2017-Present)

Collegiate student-athletes are increasingly viewed as employees by scholars, judges, and the market, though not yet by colleges or Congress. As stakeholders press Congress to clarify, universities must balance NLRA labor rights for athletes who likely meet the employee test with Title IX obligations tied to federal funding; neither can be sacrificed. This Essay traces gender discrimination that constrained women’s sports; explains why many athletes satisfy the NLRA employee test; and underscores Title IX’s central role in women’s equal participation. It shows how recognizing athletes as employees would modify the Title IX analysis and create tension between collective bargaining and …

Constitutional Powers Midterm Exam, Jordan Reitzfeld

Open Educational Resources

Students apply constitutional principles and court decisions to contemporary questions about the powers of Congress, the president, and the judiciary. They defend positions on possible reforms and analyze property rights, copyright, and trademark issues.

The History Of Mass Incarceration And Its Implications, Evan Sevaly

CMC Senior Theses

In this thesis, I develop a model to answer four questions about US incarceration: why did incarceration increase between 1973 to 2009, why have incarceration figures experienced an overall decrease since then, and what explains their oscillation, why has the penal system consistently incarcerated marginalized groups at disproportionate rates, and why is the US an incarceration outlier compared to other industrialized countries? I split the competing explanations to these questions into four schools of thought: the perspective that neoliberalism caused mass incarceration, the perspective that surpluses in finance capital, land, population, and state capacity caused mass incarceration, the perspective that …

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

The Silent Language Of Trauma: Defendant Behavior, Juror Bias, And Expert Testimony, Jensen Goldman

Scripps Senior Theses

Trauma can profoundly influence behavioral presentation, yet jurors often rely on demeanor as a diagnostic cue for guilt, credibility, and remorse. Such reliance poses risks within a legal system that seldom equips jurors to interpret trauma related behaviors accurately. The proposed study will examine how two trauma-linked affective presentations– overemotionality and flat affect– shape juror perceptions of credibility and guilt, and whether expert psychological testimony about trauma-related affect can mitigate these biases. Online survey participants will read one of five trial vignettes with varying defendant conditions (flat affect vs. overemotional) and varying expert testimony conditions (present or not present) and …

Food Stamp Participation And Health Outcomes In Ca Immigrants, Esther Kang

Scripps Senior Theses

The U.S. social welfare system includes programs aiming to increase access to nutritious food to reduce nutrition insecurity. However, studies suggest that immigrants continue to face disproportionate risks of nutrition insecurity and may face barriers to enrollment due to legal status. This study, using secondary data from the 2023 California Health Interview Survey, examines the associations between food stamp participation, food insecurity, and clinical diagnosis of diabetes among adult U.S.-born, naturalized, and non-citizen adults in California. The findings suggest that those enrolled in food stamps are more likely to report food insecurity than those who are not enrolled, and that …

The Future Of U.S. Higher Education: Equity Implications Of Shifting Immigration Policies, Research Institute For Social Equity Rise

Research Institute for Social Equity

This report examines the impact of U.S. immigration policies on higher education and international students from 2000 to 2025. It traces five major policy eras, from the post- 9/11 security overhaul and Obama-era expansion to the restrictive turns of 2017–2020 and 2025, and analyzes how shifting regulations have influenced enrollment patterns, economic contributions, and student well-being. Despite hosting more than 1.1 million international students in 2023–2024, the U.S. share of the global student market has fallen from 20% to 16%, underscoring how policy volatility and restrictive measures weaken national competitiveness. Drawing on federal data, scholarly research, and institutional reports, this …

Are You Your Expert's Keeper? Assessing The Impact Of Generative Ai And Expert Testimony, Hon. John G. Browning

Nova Law Review

No abstract provided.

The Ai Trap: How Over-Reliance On Generative Ai Undermines Professional Development For Law Students And Young Attorneys, Jane E. Cross

Nova Law Review

No abstract provided.

The Empirical Double Standard: Opinion Surveys Across The Civil–Criminal Divide, Kay L. Levine, Bernard Chao

Faculty Articles

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and search cases.

Our research uncovers a significant asymmetry: Courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and criminal litigation …

Broken Lands And Trusts: The Omnipresence Of The Natives’ Land Act Of 1913 And The Persistence Of Its Inequity, Emily Venkatesan

Emory International Law Review

The hallmark of all colonial and ex-colonial states is the preservation of racial hierarchy where a minority of white colonizers reserve complete control over the political, social, and economic landscape of a colonized nation. One of the most powerful exercises of this colonial oversight is the use of western property law to strip native landowners of their property interests and redistribute that land to white colonizer for economic and social power. Access and ownership of land is crucial for maintaining the colonial state. Land provides social and economic leverage in the hands of the indigenous nation, but strengthens the colonial …

Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin

Faculty Scholarship

This Essay examines whether generative artificial intelligence (GenAI) can lower the technical, time, and cost barriers that have limited the use of game-based learning (GBL) in legal education. It first considers the science of learning, focusing on spaced practice, retrieval practice, and concrete examples, and explains how GBL can incorporate these strategies. It then evaluates four general-purpose GenAI tools—Perplexity, Gemini, ChatGPT, and Claude—by testing their ability to state legal rules accurately and create games that teach personal jurisdiction.

The results demonstrate both GenAI’s promise and its limitations. Although all four tools incorporated core concepts of general jurisdiction, each omitted at …

Prison Administrative Deference, Paulina D. Arnold

Articles

Administrative agencies regulate for the public health and welfare. And they also use confinement, violence, and coercion to enforce statutory and regulatory law. Scholars of coercive agencies (like prison and immigration enforcement ones) have, for years, been raising the alarm about the perils of government coercion with unlimited discretion. Critics of the administrative state have also loudly criticized agency discretion, although they have focused those criticisms on regulatory, not coercive agencies. But the conduct of coercive agencies has often been insulated from constitutional challenge. Civil rights litigation in prison and immigration law has faced roadblocks from doctrines of judicial deference …

How Biased Beliefs About Vulnerability To Harm Influence Assessments Of Noneconomic Tort Damages, Roseanna Sommers, Nathan Creek

Articles

The American tort system aspires to provide fair compensation to injured plaintiffs, regardless of socioeconomic status, race, religion, or gender. Recent experimental evidence from psychology suggests, however, that factfinders consistently judge identical harms as less severe when experienced by individuals of lower socioeconomic status (SES). People presume, for instance, that a paper cut hurts a wealthy person more than a less well-off person, that domestic violence inflicts greater suffering on a high-SES woman than a lower-SES woman, and that bullying harms a five- year-old from a high-SES family more severely than one from a low- SES family. This Essay examines …

Reconstructing The "Best Interests" Inquiry In Termination Of Parental Rights Cases: Setting The Threshold At "Affirmative Need", Vivek Sankaran, Timothy Pinto

Articles

When a Michigan trial court determined that terminating Eric Dai- ley’s parental rights to his young son, D.D., was in the child’s best inter- ests, it described the decision as “extremely tragic.” The court acknowl- edged that D.D. loved his father and saw him every day. It recognized that Mr. Dailey had been consistent in visiting and supporting D.D., that they maintained a strong bond together, and that D.D. “should be able to have some continued contact” with his father. Yet, the court still chose to end that relationship permanently, finding that termination of Mr. Dai- ley’s parental rights served …

Racial Disparities In Maternal Mortality: The Role Of Explicit And Implicit Bias In U.S. Healthcare, Lailah Allen

Capstone Showcase

Maternal mortality in the United States remains a critical public health crisis, with disproportionately high rates among Black and other minority women. Despite advances in obstetric medicine, racial disparities in pregnancy-related deaths persist due to structural inequities, implicit bias in healthcare delivery, unequal access to prenatal and postpartum care, and broader social determinants of health. Nationally, Black women are significantly more likely to experience severe maternal morbidity and mortality compared to White women, reflecting longstanding inequities embedded within the healthcare system. This paper examines the relationship between race, healthcare access, and maternal outcomes through a focused case study of and …

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

The Bigotry Of The Future: Ai Recruitment Tools & Hiring Discrimination Law, Lily Manshel

City University of New York Law Review

As one-click applications and a competitive job market result in hundreds of applicants per listing, hiring tools that use Artificial Intelligence (“AI”) promise recruiters a convenient way to sort through the crowd and find the “perfect” candidate, all while eliminating human bias. These tools—which include resume screeners, gamified assessments and personality tests, and video interviewing software—are proliferating so rapidly that their ubiquity is positioned as inevitable by both the software companies that produce them and the employers who use them. However, the use of these automated decision-making tools creates a paradox under existing antidiscrimination law: the systems clearly perpetuate and …