Digital Commons Network^™

In Re: A.T., A Minor, 141 Nev. Adv. Op. 32 (Jun. 12, 2025), Kayla Snowden

Nevada Supreme Court Summaries

A no-contest plea may serve as an admission in a child protection hearing over the objection of the district attorney in favor of avoiding delays in the absence of a denial of allegations.

The Sports-Betting Market: A Road To Sports Betting As Viable Investing, Tyler Gottlieb

Vanderbilt Journal of Entertainment & Technology Law

Since its legalization, sports betting has experienced rapid growth, both in terms of economic output and expansion into more states. The current system of sports betting in the United States requires individuals to place bets using a sportsbook. The sportsbook sets the lines on every bet. If an individual wins their bet, the sportsbook pays them money according to the listed odds. If an individual loses their bet, the sportsbook keeps the amount staked. Sportsbooks set lines in a way to ensure that on average, they make money on every bet. This system has been widely accepted, often based on …

Washington State Supreme Court Hosts A Call To Justice For Native Tribes, Adam Eisenberg

Articles

In June 2025, the Washington State Supreme Court held a remarkable, first of its kind symposium called, “TÁĆELŚW SIÁM- A Call to Justice for Indigenous Peoples.” TÁĆÁĆELŚW SIÁM- a Salish term for welcoming a respected person–set the tone for the full-day event. The state Supreme Court bench and its guests met in the Washington State Temple of Justice to hear a variety of indigenous and ally voices speak about historic injustice and generational trauma. It was also an opportunity to learn about many of the contemporary legal issues faced by tribes, and the need to respect tribal sovereign

Expanding Equity And Innovation In Pharmaceutical Law And Drug Development: Paying Clinical Trial Participants For Their Data, Steve Calandrillo, Bernadette Tosti, Jefferson Smith, Jamison Koeman

Articles

Bringing a drug to market is exceedingly expensive and exposes pharmaceutical manufacturers to significant legal risk. But when companies are successful, their profits make the PowerBall jackpot look like petty cash. Staggering rewards measure in the billions or millions for the firms, CEOs, pharmacies, drug benefit managers, data brokers, and many more actors in the pharmaceutical-to-patient pipeline. The only individuals who don’t get paid handsomely are the clinical trial participants, whose voluntary participation and data helped make those successes possible. It is long past time that we reform the legal and regulatory roadblocks to paying clinical trial participants in the …

Struggling Access To Justice Through Mediation In Bangladesh: Headway Lessons From Australia, Jamila A. Chowdhury, Mehnaz Siddiqui

The Indonesian Journal of Socio-Legal Studies

Enormous case backlog and protracted delays in courts are hindering access to justice in Bangladesh. Consequently, an initiative to provide quick and low-cost consensual justice through mediation was first initiated in the family courts of Bangladesh in the year 2000. However, although after an initial success, the system has been struggling over the decades. While contemporary research has identified various constraints causing such meager disposal of cases in family courts, using expert interviews of family court judges and relevant literature review on Australian family courts, this Chapter reiterates such constraints to generate relevant headway lessons from Australia that has excelled …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 6

Cardozo Law Review

No abstract provided.

Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo’S Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa Marque Heydari

Cardozo Law Review

This Article summarizes findings from a civil liberties evaluation of Truleo, an AI-powered analytics platform designed to automate the review of police body-worn camera (BWC) footage. It includes a summary of how Truleo’s platform works, policy choices made by the company, and our assessment of safeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These include the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform’s design and operation. …

Ethics Accountability: The Next Era For Lawyers And Judges, Renee Knake Jefferson

Cardozo Law Review

Five decades ago, United States Supreme Court Chief Justice Earl Warren delivered remarks that sound like they were written in the early 2020s: [O]ur profession has recently suffered greatly because a score of lawyers has been convicted or indicted for felonious conduct in the performance of their official duties in the highest reaches of our national government. . . . Their alleged criminal offenses pertain to serious violations of our system of justice and to the performance of basic functions of government. The inner sanctum of the White House has been tarnished, and the end of the debacle is not …

Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky

Cardozo Law Review

For some Americans, a surprising aspect of the saga of Meghan Markle, also known as the Duchess of Sussex, was learning that, as a U.S. citizen living in the United Kingdom, the Duchess was obligated to pay U.S. income taxes on her worldwide income.[1] President Donald Trump has echoed concerns raised in this controversy about the United States’ worldwide income taxation of its citizens living abroad. In particular, during his 2024 presidential campaign, President Trump called for “ending the double taxation of overseas Americans.”[2] I found myself drawn into this debate about the United States’ citizenship-based taxation by virtue of …

Necessary Justice: “Political” Trials And Modern Political Philosophy, Rob Howse

Cardozo Law Review

Donald Trump’s election to President of the United States for the second time in November 2024 marked the beginning of the end of a sustained effort to hold him accountable in court for conduct that many Americans viewed as criminal.[1] Trump received not only the majority of Electoral College votes but a decisive plurality of the popular vote as well.[2] At the time of the election, he had already been convicted of thirty-four felonies surrounding a complex fraud to hide the use of campaign funds for hush money to an adult film actor.[3] Prior to this conviction, the decisions of …

Examining Pricing And Availability For Neglected Tropical Disease Therapies In The Us, Maple Goh, Kevin Outterson, Aaron S. Kesselheim

Faculty Scholarship

Background

Neglected tropical diseases primarily affect vulnerable populations in low-resource settings worldwide. In the US, neglected tropical diseases such as Chagas, soil-transmitted helminthiases, and other infections historically impacted immigrants but are increasingly relevant for US residents with climate change. We examined the pricing, prescribing rates, and supply of therapies used to treat neglected tropical diseases in the US and their implications for accessibility and patient care. Methods

A retrospective analysis of prescription rates, wholesale acquisition costs, and shortages was conducted for 11 treatment products from 2019 to 2024, aggregating data from Symphony Metys, First Databank, NAVLIN, Red Book, and the …

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

The Potential And Perils Of Financializing Climate Risk Governance: Insights For Urban Policymakers, Emma Colven, Madison Condon, Kelly Hereid, Savannah Cox

Faculty Scholarship

In this roundtable discussion, Savannah Cox speaks with three experts about the financialization of climate risk governance: Kelly Hereid, a climate scientist at Liberty Mutual, Madison Condon, an associate professor at Boston University School of Law, and Emma Colven, a lecturer in risk, environment, and society at King’s College London. In this conversation that ranges from Miami to Jakarta, Savannah, Kelly, Madison, and Emma discuss the legal, political, and technical challenges relating to financialized climate risk governance: on one hand, the rise of insurance companies and rating agencies as de facto “risk assessors” and, on the other hand, the proliferation …

Boundary-Setting And Choice-Making With No "Adult" In The Room: Professional Identity Formation Opportunities For 1ls In The Transactional Context, Marni Goldstein Caputo, Kathleen Luz

Faculty Scholarship

Law schools are now required by the American Bar Association’s Standard 303(b)(3) to provide students with opportunities for professional identity formation throughout their legal education. It is critical that those opportunities be well-balanced and tied to the realities of practice. Yet until recently, we, as 1L lawyering skills professors at Boston University School of Law, only provided those opportunities in the litigation context. Further, our 1L lawyering skills curriculum was, since its inception, almost entirely steeped in litigation. This litigation focus matches neither the career trajectory nor the upper-level experiential opportunities of the majority of our students. In fact, transactional …

"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming

Faculty Scholarship

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah’s Witness children not to participate in a compulsory flag salute in public schools. In recent years, protests against imposed orthodoxy—usually invoking Barnette—have occurred in …

An Originalist Case For Birthright Citizenship Of Unlawful Immigrants' Children: Anti-Gypsy And Anti-Chinese Restrictions As Context, Jed Handelsman Shugerman

Faculty Scholarship

The Trump administration and other opponents of birthright citizenship for the children of “unlawful immigrants” make the following originalist claim about the Fourteenth Amendment: Even if the clause meant birthright citizenship, it applies today only to “lawful immigrants,” because the category of “unlawful immigrant” or “illegal immigrant” did not exist in the 1860s, when the clause was written and ratified. Opponents also argue that the Fourteenth Amendment’s citizenship clause originally implied a “loyalty” or “allegiance” requirement.

These assertions are historically inaccurate.

To the contrary, the concept of “unlawful immigrants” existed in the 1850s-60s, and Americans ratified birthright citizenship without indicating …

A Historical Case For A Robust But Non-Remedial Seventh Amendment, Jed Handelsman Shugerman

Faculty Scholarship

In Jarkesy, the Supreme Court rightly held that the Seventh Amendment required a jury trial for a case fundamentally similar to common law fraud, and it rightly limited the scope of the “public rights” exception to the Seventh Amendment. Grounded in historical and originalist methods, this essay makes four suggestions after Jarkesy:

1. Following Jarkesy, the judiciary should continue a more robust enforcement of the Seventh Amendment right to a jury trial. The courts should eliminate the “public rights” exception to the Seventh Amendment, which does not appear to have an original link to the Seventh Amendment. The …

When Money Isn't Money: The Second Circuit's Gutting Of The Discharge-For-Value Defense For Erroneous Payments, Jeanne L. Schroeder

Articles

No abstract provided.

Guardrails For Discretionary Powers: A Case Comment On The State Of Tamil Nadu V The Governor Of Tamil Nadu And Another, Pranav Verma

National Law School Journal

This Case Comment argues that by prescribing timelines for the president and the governors to grant or withhold assent to bills in The State of Tamil Nadu v the Governor of Tamil Nadu, decided in April 2025, the Supreme Court did not exceed its constitutional role, as argued by some critics. Instead, it applied established administrative law principles—relevant considerations, natural justice, and absence of mala fides—to the specific power of granting or withholding assent to bills. These principles have been long used to guide the other powers of the president, the governors, and the speaker/chairman. The court thereby reinforced …

The Indian Pharmacopoeia: Enabling Open Access And Crafting A ‘Sovereign Function Exception’ For Government Works, Aparajita Lath

National Law School Journal

Standardisation of drugs and access to such standards are important levers for effective drug regulation. The Indian Pharmacopoeia, the official book of standards for drugs in the country prescribed by the Union government under the Drugs and Cosmetics Act 1940, are legally binding and enforceable. Not only do the standards have the force of law but are also government-created. The Indian Pharmacopoeia Commission (IPC), a division of the Union Department of Health and Family Welfare, has a legal monopoly over creating and publishing this compendium. Though it is legally binding, the Indian Pharmacopoeia is neither in the public domain …

The Indian Fourth Branch: Developing A New Institutional Morality, Abhinav Ravi

National Law School Journal

Contemporary discourse on democratic decline in India has often emphasised the need for stronger fourth branch institutions to safeguard constitutional democracy. However, fourth branch institutions are marked by a fundamental tension. They are deeply embedded in the very political contexts that they are designed to resist. The operational independence of fourth branch institutions is not merely a function of their design (that is, their structural independence), but also of the political climate, institutional leaders, and informal organisational factors.

Similar design features can produce divergent outcomes across time and contexts, with institutions displaying distinct phases of assertiveness and accommodation. While institutional …

The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier

National Law School Journal

Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …

Making The Margins Visible: Dignity At Work And The Promise Of Puttaswamy—Review Of Gendered Bodies And Worlds Of Labour: Reconceptualizing Dignity After Puttaswamy Vs Union Of India, Shreya Shree

National Law School Journal

This review examines Kalpana Kannabiran and Devi Jagani’s reimagination of dignity as a framework for securing justice in gendered labourscapes. By centering a broad and dynamic understanding of dignity as a right, an inherent characteristic, and an enabling condition for rights-talk, the book advances new ways of articulating rights-claims through an intersectional and interdisciplinary reading of the Indian Constitution. The review highlights the significance of this approach in renewing understandings of the worker, labour, discrimination, and rights, while exploring its possibilities and limits in confronting violence and injustices embedded in gendered labour relations within the domestic sphere and beyond.

Five Things You Think You Know About International Arbitration That You Do Not Know (Nlsiu-Siac Annual Arbitration Lecture 2025), Lucy Reed

National Law School Journal

In the second NLSIU-SIAC Annual Arbitration Lecture delivered in April 2025, Lucy Reed takes a practice- or procedure-focused approach. Specifically, she addresses some misconceptions about international arbitration held by students and practitioners alike. She also introduces some of the new procedures in the 7th Edition of the SIAC Arbitration Rules, in effect from 1 January 2025.

The Basic Structure In Malaysia: Less Than Meets The Eye, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

At first glance, studying the basic structure doctrine in Malaysia can be frustrating due to its inconsistent judicial treatment. While early cases such as Loh Kooi Choon and Phang Chin Hock rejected the doctrine, it was later accepted in landmark decisions like Sivarasa Rasiah, Semenyih Jaya, and Indira Gandhi. In 2020, scholars such as Jaclyn Neo and Yvonne Tew suggested a judicial embrace of the doctrine and its global trend toward constitutional unamendability. However, the Federal Court’s 2021 decision in Maria Chin Abdullah appeared to reject it once more, illustrating the doctrine’s precarious status. The resurgence seen in Dhinesh a/l …

Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …

Digital Economy Innovation In The Indo-Pacific: Towards A 'Singapore Effect'?, J.G. Allen, Qiu Xu Martin Liao

Research Collection Yong Pung How School Of Law

This paper examines the rise of Digital Economy Agreements (DEAs) in the Indo-Pacific as a strategic response to digital trade fragmentation and great power competition. Focusing on Singapore’s leadership, we introduce the ‘Singapore Effect’ – a model of regulatory influence distinct from others, such as the ‘Brussels Effect’ and ‘Beijing Effect.’ Unlike market-driven regulatory diffusion, the Singapore Effect emphasizes interoperability, norm entrepreneurship, and mini-lateralism, enabling middle powers to shape digital trade governance. We analyze DEA formation, implementation challenges in national law, and Singapore’s role as a bridge between diverse regulatory regimes. DEAs’ flexible, modular structure allows for incremental regulatory alignment …

Summer 2025: Retrograde

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie

Graphics & Layout: Kimberly Gilson

Digital Danger For People With Visual Disabilities: Online Adhesion Contracts And The Lack Of Web Accessibility Standards, Narmina Aliyev

Cardozo Law Review

Since Title III of the American with Disabilities Act was enacted, the landscape of where people with disabilities may experience discrimination has grown even larger. With the digital world expanding rapidly, people with visual disabilities face unique dangers presented by inaccessible websites and the lack of federal web accessibility standards. While courts across the nation scatter to find balance in protecting the rights of people with disabilities without overburdening businesses, Congress’s failure to legislate web accessibility standards, and the Department of Justice’s ineffective enforcement mechanisms propel misunderstanding and confusion among those affected by this legal gap. Specifically, the growing presence …

Resolving The Class Action Paradox, Alissa Del Riego, Joseph J. Avery

Cardozo Law Review

A paradox exists at the core of class actions. They were designed to perform a valuable function, protecting and compensating individuals who would not otherwise have legal recourse, yet in practice they have effectively silenced and disenfranchised class members, leaving them unaware and uninformed of litigation commenced on their behalf, the nature of their potential claims, and the damages they may seek. In this Article, we take three significant steps toward resolving the class action paradox. First, we unpack recent scholarship that led to the introduction of “representational notice,” a mechanism that leverages advances in technology and the social sciences …