Digital Commons Network^™

Insurrection And Black Political Participation, Brandon Hasbrouck

Scholarly Articles

The Reconstruction Congress envisioned a comprehensive set of rights and structural protections in the Fourteenth Amendment to establish and preserve a multiracial democracy. The Fourteenth Amendment’s third section, the Insurrection Clause, may seldom have been enforced in recent memory, but it remains a vital part of the Amendment’s framework. The Insurrection Clause bars any state or federal government official who participates in a rebellion or insurrection after taking an oath to support the Constitution from serving in such a position again. In Trump v. Anderson, the Supreme Court was given a choice to either enforce the Insurrection Clause’s protection …

Reconstituting Corporate Power & Accountability, Cindy J. Cho, Donald Braman, Theresa Gabaldon

Articles by Maurer Faculty

Modern society faces a growing crisis of corporate impunity. While corporations generate immense value, they increasingly inflict harm at scales that dwarf those of traditional street crime. Decades of deregulation, unchecked corporate lobbying, and a judiciary actively dismantling the administrative state have created a dangerous accountability vacuum. And just as federal oversight is collapsing, the Supreme Court's expanding preemption doctrine is handcuffing state regulators. This Article proposes a paradigm shift: the revitalization of state criminal authority, a power largely shielded from federal interference. Upon securing a conviction or deferred prosecution agreement, states should mandate that the offending corporation conduct all …

Reconstituting Corporate Power & Accountability, Donald Braman, Theresa Gabaldon, Cindy J. Cho

GW Law Faculty Publications & Other Works

Modern society faces a growing crisis of corporate impunity. While corporations generate immense value, they increasingly inflict harm at scales that dwarf those of traditional street crime. Decades of deregulation, unchecked corporate lobbying, and a judiciary actively dismantling the administrative state have created a dangerous accountability vacuum. And just as federal oversight is collapsing, the Supreme Court's expanding preemption doctrine is handcuffing state regulators. This Article proposes a paradigm shift: the revitalization of state criminal authority, a power largely shielded from federal interference. Upon securing a conviction or deferred prosecution agreement, states should mandate that the offending corporation conduct all …

To Insure Domestic Tranquility And Provide For The Common Defence: The Preamble's Concern With Internal And External Threats, Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

40 Years Passing By In (A) “Heartbeat”, Christopher Janney

Monsoon: South Asian Studies Association Journal

This article outlines the forty-year history go Christopher Janney’s iconic performance work “HeartBeat.” Trained as an architect and jazz musician, Janney combines these two disciplines to create large interactive light/sound installations and performances. On the one hand, he attempts to make architecture more like music, more “alive” using real-time sensing devices as on his “Harmonic Convergence” installation on the Miami International Airport. On the other hand, he attempts to make music more like architecture, more physical more visual. In his “HeartBeat” performance, a dancer wears a heartbeat device that amplifies his/her heartbeat in “real time.” Over this pulse, live musicians …

Yoga Sūtra Book Four And The Yogabindu, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Four themes from the fourth pāda of Patañjali’s Yoga Sūtra are examined here: karma (IV:2-13), individuality (IV:16), humility (IV:20-22), and freedom (IV:29-34). Affirmations and variant interpretations of these four are provided from Haribhadra Virahāṅka’s Yogabindu, most likely composed a century or two later.

Collective Karma: From The Yogasūtra To Taylor Swift, Zoë Slatoff

Monsoon: South Asian Studies Association Journal

The Indian knowledge traditions speak at length about karma, which is divided into three categories—accumulated (saṃcita), ripe (prārabdha), and future (kriyamāṇa). While much is said about our individual karma and how it affects our repeated reincarnation in cyclic existence, how does this affect others and how do others affect us? In other words, as this paper explores, what is our reciprocal and collective karma?

Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend

Monsoon: South Asian Studies Association Journal

This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).

The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …

Understanding Free Speech Values At The Supreme Court, Noah C. Chauvin

Faculty Articles

This essay is a book review of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections, by Professors Eric Kasper and Troy Kozma. The book argues that John Stuart Mill had an indelible impact on the Supreme Court's free speech jurisprudence, and that through the power of precedent, we have come to have a "Millian "First Amendment. As I explain in the review, Kasper and Kozma have made a compelling case. However, because Mill offered an expansive defense of freedom of expression, it is not enough to say that the Court's free speech jurisprudence …

A Comparative Study On The Originality Of Ai-Generated Artworks: What Can Copyright Laws Learn From Refik Anadol?, Söğüt Atilla

National Law School of India Review

Originality is a fundamental requirement for works to receive copyright protection. However, as the term lacks a universally accepted definition, interpretations of originality vary across jurisdictions. This article first examines key theories underpinning copyright law to justify the necessity of an originality threshold. It then analyses how the United States, the United Kingdom, India, China, and the European Union define and apply this criterion. In the final section, the article argues that, these jurisdictions, when applying their well-established principles and case law consistently, can accommodate findings of originality in AI-generated artworks. The article critiques the misconception shared by some jurisdictions …

Redefining The Relevant Market: Abandonment Or Return To Brown Shoe, Daniel A. Hanley

Dickinson Law Review (2017-Present)

Defining a relevant market is arguably the most important requirement in antitrust litigation. Between the 1890s and the 1940s, defining a relevant market was a simple and generalized process, typically undertaken by courts as a cursory matter. However, in the 1960s, defining relevant markets became a centerpiece of antitrust litigation. The modern method originates from the Supreme Court’s landmark 1962 decision in Brown Shoe v. United States. The method commonly known as the Brown Shoe test requires judges to construct relevant markets by carefully analyzing accessible and understandable qualitative data, such as internal corporate documents and consumer surveys. Since the …

Inaugural Adr And Social Entrepreneurship Course, Helen M.E. Winter, Harshit Rathore

Saint Louis University Law Journal

This article examines the innovative integration of Alternative Dispute Resolution (ADR) principles with social entrepreneurship, focusing on how this combination can be used to address significant societal challenges. The article highlights a course designed specifically for law students, which provides a comprehensive understanding of ADR mechanisms such as mediation, negotiation, and system design, while also encouraging students to develop entrepreneurial solutions to real-world conflicts. Inspired by the nonprofit organization R3solute, which trains refugees and locals as peer mediators, the article explores how students are equipped to create ADR-centered ventures that offer sustainable resolutions to social problems.

The article discusses the …

Crisis And Change At The United Nations: Non-Amendment Reform And Institutional Evolution, Oona A. Hathaway, Maggie M. Mills, Heather Zimmerman

Michigan Journal of International Law

The Security Council’s inaction in response to the wars in Gaza and Ukraine has once again put a spotlight on structural problems at the United Nations (“U.N.”). Security Council paralysis—particularly the (mis)use of the veto power afforded to the permanent five (“P5”) members of the Council—has long prompted calls for reform. Yet the same veto power prevents nearly all efforts to reform the organization through the formal amendment process provided in the U.N. Charter.

This article argues that there is an alternative way forward: what we call “non-amendment reform.” Rather than seek formal amendments that are unlikely to survive the …

Litigating The Gaza Crisis: Legal And Political Strategies In South Africa V. Israel, Michael Ramsden

Cardozo International & Comparative Law Review

The article examines the strategic use of the International Court of Justice (ICJ) in the case of South Africa v. Israel, highlighting how states leverage the ICJ to influence international relations beyond legal compliance. It evaluates the efficacy of the ICJ's provisional measures in addressing the conflict in Gaza, emphasizing the intersection of legal strategy with political and humanitarian objectives.

Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works, Lucas S. Osborn

Scholarly Works

Generative artificial intelligence ("Al") has increasingly become a focal point in legal discussions, raising complex issues across multiple domains, including algorithmic bias, defamation, intellectual property, and privacy. This Article specifically examines the implications of Al-assisted works, with a focus on text-to-image generators, such as Midjourney, that possess the ability to create detailed visual art from simple text prompts. The tools are not, however, limited to simple prompts. Users retain the ability to introduce greater complexity by specifying a host of variables that define the resulting image. Al-assisted art implicates significant legal rights and responsibilities. As to responsibilities: Can the image …

Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Constitutional Law Application In The Sport Industry, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

The Unauthorized 2025 Beginner’S Guide To Classical Music And The Dso Soundcard, Stephen Calkins, Tierney Hoffman

Law Faculty Research Publications

No abstract provided.

Invisible No More: Looking And Listening Locally To Build Conflict-Related Sexual Violence Resilience, Anjali Thakore

CMC Senior Theses

The ubiquity of sexual violence, with its devastating physical and psychological consequences, has rendered conflict-related sexual violence (CRSV) one of the most effective and enduring “invisible crimes” of war. Despite receiving growing attention across academic, political, and activist circles, wartime sexual violence remains pervasive in contemporary conflict zones. Against the backdrop of these frequent and recurring violations, this thesis explores the dissonance between high-level rhetorical commitments to preventing and punishing CRSV and on-the-ground realities. What soon emerges is a troubling pattern in which gendered violence—and women’s lived experiences more generally—while increasingly visible in theory, remains marginalised in practice. By investigating …

What Did Gitlow Do?, James Y. Stern

Faculty Publications

Gitlow is generally regarded as the first modern incorporation case, the genesis of both federal free speech curbs on state action and the larger project of making the same limitations that the federal Constitution imposes on the federal government applicable to the states. In both respects, moreover, it can also be seen as an important milestone in the larger twentieth century transformation of federal court practice and constitutional understanding centered on the assertion of individual rights. That linkage is no accident. For all the talk about federalism and state sovereignty in the U.S. Reports, the modern jurisprudence of constitutional rights …

How To Let A Democracy Die: “First,…Let’S Kill All The Lawyers” And Other Lessons From The Bard, Jena Martin

Faculty Articles

This article serves to provide a much-needed perspective on how international legal mechanisms (or the lack thereof) impact democratic in institutions.

Algorithms In Finance: Balancing First Amendment Protections And Regulation, Yusraa Tadj

Fordham Journal of Corporate & Financial Law

As algorithms become a function of decision-making in the financial sector, policymakers, the judiciary, and academics grapple with regulatory questions. With the increased reliance on algorithms in finance, the Securities and Exchange Commission (SEC) proposed a rule to mitigate potential conflicts of interest that can arise out of financial firms using algorithms. Algorithm users, including financial firms, are finding novel ways to protect algorithm use, such as by offering them First Amendment protections.

This Note considers to what extent algorithms can be considered protected speech amidst the complexity of algorithms and relationship within the financial sector. The Note argues that …

From Mallory To Morality: The Compatibility Of Registration-Jurisdiction Laws With The Dormant Commerce Clause, Matthew J. O'Hara

Buffalo Law Review

In June 2023, the Supreme Court handed down its decision in Mallory v. Norfolk Southern Railway Co., a case that threatened to cause the largest shift in personal jurisdiction law since Daimler AG and Bristol-Myers Squibb. While the Court upheld Pennsylvania’s registration jurisdiction law under the Due Process Clause and International Shoe’s “fair play and substantial justice” standard, Justice Alito’s concurrence opined that the law may violate the Dormant Commerce Clause (DCC). This Comment argues that registration-jurisdiction laws, which permit States to assert general personal jurisdiction over out-of-state businesses merely because they have registered to do business in the State, …

“Lights Out Tonight:” Wheelchair Seating At Concert Venues, The Ada’S Requirements And A First-Person Assessment, Peter Galati

Student Works

No abstract provided.

The Military's Constitutional Role, Brenner M. Fissell

Faculty Publications

A basic principle of the American constitutional order is that civilian authority must be supreme over that of the military. The violation of this principle by the British was one of the grievances enumerated in the Declaration of Independence, and the Framers responded with a Constitution that made military rule impossible. But why is so-called “civilian control” of the military so important? This deep normative question has yet to be thoroughly answered by scholars, most of who assume it away as a given. This Article takes up that task, using contemporary political theory to defend the principle of civilian control. …

The Military’S Constitutional Role, Brenner M. Fissell

North Carolina Law Review

No abstract provided.

Ai Art And U.S. Copyright Decisions: What The U.S. Can Do Differently Than China And The E.U. To Efficiently Promote Balance Between Ai Innovation And Copyright Regulation, Adam Pycior

Loyola University Chicago International Law Review

The rapid development of Artificial Intelligence ("Al") in recent years has spurred a plethora of discussions concerning ethical boundaries, government regulations, and more. Thaler v. Perlmutter highlights a unique one: the challenging question of if, and how, AI generated artworks may be copyrightable. The court denied copyright to plaintiff Stephen Thaler's work "A Recent Entrance to Paradise" generated by his AI system, "The Creativity Machine," holding that autonomously generated works cannot be copyrighted under the existing precedent. However, the court failed to answer, though it acknowledged, the pressing question as to the degree of human input necessary to copyright such …

Playing Politics: Social Media, Censorship, And Speech Gamification, Khaled A. Beydoun

Emory Law Journal

Forty percent of Americans self-censor their speech online. While staggering, the hidden phenomenon beneath this figure reveals a more dystopic outlook for the future of free speech. The powerful predictive technologies driving social media platforms, which the Supreme Court dubbed “the most important spaces for the exchange of views,” control the terms of modern speech and the scope of political discourse. The Supreme Court’s laissez-faire posture toward online speech moderation has only empowered digital dominion over modern expression and citizenship to the detriment of free speech principles.

As such, the primary threat to free speech today is not the state …

Governing Intelligence: Singapore’S Evolving Ai Governance Framework, Jason G. Allen, Jane Loo, Jose Luna

Research Collection Yong Pung How School Of Law

This paper provides an outline analysis of the evolving governance framework for Artificial Intelligence (AI) in Singapore. Across the Singapore government, AI solutions are being adopted in line with Singapore’s “Smart Nation Initiative” to leverage technology to make impactful changes to the nation and the economy. In tandem, Singaporean authorities have been assiduous to release a growing number of governance documents, which we analyse together to chart the city-state’s approach to AI governance in international comparison. Characteristics of Singapore’s AI governance approach include an emphasis on consensusbuilding between stakeholders (particularly government and industry but also citizens) andvoluntary or “quasi” regulation, …

What Can Copyright Law Learn From Greek Tragedy?, Mira Moldawer

Marquette Intellectual Property & Innovation Law Review

None.