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What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

Dukungan Budaya Terhadap Kondisi Vlktimisasi Anggota Masyarakat Pendukung Budaya, Adrianus Meliala

Jurnal Hukum & Pembangunan

Abstract

When “Voice” Becomes Law: A Caution Against Emancipatory Complacency In Anti-Sexual Violence Feminism, Samantha Lillian To

LL.M. Essays & Theses

This Essay destabilizes a feminist project that seeks to emancipate sexually violated women in the United States through a rhetoric of voice. There is a body of feminist literature that imagines voice as unconstrained self-expression through which sexually violated women resist patriarchal oppression and heal from trauma. When projected onto the courtroom, however, this framework becomes an ideal that the legal process, by its structure, cannot fully accommodate. This Essay presents three claims. First, despite the emergence of a legal promise of “voice” after the enactment of the Crime Victims’ Rights Act, feminists should not treat it as the culmination …

Splitting Shores: Comparative Analysis Of Italy’S And Spain’S Reactions To Immigration, William E. Montgomery V

International and Global Studies Undergraduate Honors Theses

The divergence in public immigration sentiment between Italy and Spain, two countries with striking historical, geographic, and demographic similarities, is seen as a mystery for popular theoretical frameworks. Although both nations transitioned from net emigration to net immigration beginning in the 1970s and 1980s, Italy has consistently exhibited more negative attitudes toward immigration relative to the European average, while Spain has seen sustained improvement in immigration sentiment despite receiving immigrants at historically unprecedented levels. Employing a Most Similar Systems Design and drawing on quantitative demographic and survey data, primary legislative texts, and secondary scholarly literature, this thesis tests Group Threat …

Protecting Abortion By Protecting Speech: Revisiting North Carolina's Mandatory Ultrasound Law After Dobbs And Nifla, Kathryn S. Rowe

North Carolina Civil Rights Law Review

No abstract provided.

More Than Just An "Atypical" Hardship: How Courts Are Missing The Mark On Solitary Confinement, Kyra Goins

North Carolina Civil Rights Law Review

No abstract provided.

Teaching Legal Thinking In The Age Of Ai: Reimagining Legal Education Through Cognitive Science And Deliberate Practice, Joan R. M. Bullock

University of Baltimore Law Review

No abstract provided.

The Return To Autochthonous Law, Grant Christensen

University of Chicago Law Review

This Book Review examines the significance of Professor David E. Wilkins’s (Lumbee Nation) newest book Indigenous Governance: Clans, Constitutions, and Consent. It suggests that Wilkins has produced a critically important collection of primary sources related to the origins of tribal government and that his contribution could not come at a better time within the discipline of Indian Law.

This Book Review takes the position that Indian Law is seeing the emergence of a fourth wave of scholarship that recenters the conversation from tribal self-determination as a means of decolonization to one embracing the autochthonous powers of tribes themselves. It is …

The Unfairness Of Fairness: Legal Architecture For Polarized Media, Alim Ulbashev

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Drug War Repairs Guarantees, Amber Baylor

Faculty Scholarship

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

An Empirical Study Of Malingering In Insanity Cases Across Twelve Decades, Deborah W. Denno

North Carolina Law Review

No abstract provided.

Policy Analysis Of Utah's Family Vlogging Bill: Examining The Influence Of The Mormon Church On Utah State Legislation And Its Effects On Child Performer Protections, Jayna J. Moskovitz

Honors College Theses

Following the criminal sentencing of Mormon family vlogger, Ruby Franke, of the 8Passengers YouTube channel, the state of Utah passed House Bill (H.B.) 322 in 2025 with the aim of protecting minors involved in social media content. This thesis investigates the connection between Mormonism and family vlogging to determine whether the Mormon influence in Utah’s state government impacted the effectiveness of H.B. 322’s provisions. My research asked: How does H.B. 322 protect children featured in social media content? (How) did the involvement of the Mormon Church in Utah politics and/or the high profile of the Ruby Franke case lead to …

Preserving Life In An Age Of Autonomy: A Critique Of Physician-Assisted Suicide, Adeline Holcombe

Senior Honors Theses

This thesis critiques physician-assisted suicide (PAS) as a reflection of Western thought’s shift from a biblical sanctity-of-life ethic toward autonomy and relativism. Through analysis of biblical and historical foundations, major cases, and state PAS laws, it argues that legalization weakens the state’s interest in preserving life, normalizes suicide, and exposes vulnerable populations to coercion, inadequate safeguards, and legal expansion. The thesis concludes that PAS laws should be repealed and that palliative care, hospice, and mental health treatment provide more compassionate and ethically sound alternatives.

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

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 …

Criminalizing Curation, Duncan Hosie

William & Mary Bill of Rights Journal

This Article surfaces emerging threats to artistic expression posed by the Dost test, which outlines six factors for interpreting a “lascivious exhibition of the genitals” under federal and many state child pornography laws. It argues that the present state of American politics has eroded normative inhibitions that previously prevented the ambiguities and vulnerabilities of child pornography prosecutions from being systematically exploited. By way of repair, the Article offers two jurisprudential reform proposals.

Synthesizing precedent, criticism, and theory, the Article demonstrates Dost invites selective enforcement against politically and religiously unpopular artwork by authorizing courts and prosecutors to assess polysemous visual works …

The Constitutional Penumbras Of Home Rights, Gerald S. Dickinson

William & Mary Bill of Rights Journal

Justice William Douglas’s famous parable in Griswold v. Connecticut argued that the Bill of Rights contains penumbras—implied zones of privacy protections— that emanate from the First, Third, Fourth, and Fifth Amendments. His penumbral conception of privacy rights has sparked extensive debate among legal scholars, reflecting both its influence and its ongoing controversy. Yet, there is more to Justice Douglas’s penumbra story to explore. In expounding on his privacy innovations in Griswold, Justice Douglas explained that the Fourth and Fifth Amendments protect against all governmental invasions of the sanctity of a man’s home and the privacies of life. Indeed, the …

Locked And Unloaded: The Constitutional And Empirical Case For Firearm Safe Storage Advisories, Hillel Y. Levin, Kay L. Levine

William & Mary Bill of Rights Journal

Constitutional law haunts our efforts to reduce the number of firearm deaths each year. But even with the evolving scope of individual rights, sensible regulation remains possible.

This Article proposes one such regulatory tool. State governments legally can and pragmatically should require firearm sellers to advise their customers of the association between improper gun storage and the risk of accidental death and suicide. Mandatory safe storage advisories implicate two strands of constitutional jurisprudence: the First Amendment’s protection against compelled speech and the Second Amendment’s right to bear arms. While the Supreme Court has strengthened both doctrines in recent years, jurisdictions …

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.

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.

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

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 …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

"Death Without A Funeral", Holly Prince

Seton Hall Journal of Legislation and Public Policy

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 …

From Classroom To Courtroom: Understanding Real Pathways Into Legal Careers, Timothy S. Troxel

Theses/Capstones/Creative Projects

This study examines how legal professionals describe their preparation for legal and law-adjacent careers, with the goal of identifying practical guidance for college students entering the field. Existing literature on legal career preparation often emphasizes measurable qualifications, while offering broad or generalized advice. At the same time, research on career development highlights the importance of experiential learning and mentorship, suggesting a gap between formal guidance and lived experience. To explore this gap, this study conducted interviews with ten legal professionals across a range of roles and experience levels. Participants were asked about their backgrounds, career paths, skill development, and other …

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 …