Digital Commons Network^™

Justice Lewis Powell’S Quiet Luxury: From Bakke To Sffa, Lucille A. Jewel

Washington Journal of Social & Environmental Justice

No abstract provided.

Houthi Maritime Terrorism: Severing The Iranian Lifeline, Raul (Pete) Pedrozo

International Law Studies

The Houthis have carried out an unprecedented assault on commercial shipping and foreign warships operating in international waters off the Arabian Peninsula that has changed the face of maritime terrorism. These waters are a strategic corridor that facilitates international trade and the movement of naval forces from Europe and the Americas to the Middle East and Asia via the Suez Canal. As a result of the Houthi attacks, most shipping companies rerouted their vessels around Africa via the Cape of Good Hope, which adds significant costs and adversely affects the global supply chain, increasing inflation, and exacerbating food insecurity in …

Education In Advance Care Planning: A Novel Equity-Based, Interprofessional Service-Learning Approach, Dorothy Yam, Sriya Kudaravalli, Elizabeth A. Mulvaney, Leslie Scheunemann, Grace W. Orsatti

Journal of Innovation in Health Sciences Education

Introduction: Despite health sciences graduate schools emphasizing service-learning and interprofessionalism, they often struggle to integrate these values into the curricula effectively. Advance care planning is inherently interdisciplinary and presents an opportunity to address equity gaps through service-learning. This report describes a novel interdisciplinary service-learning initiative for graduate student trainees, focused on advance care planning in underserved communities.

Methods: After targeted training, teams of medical, law, and social work students, and professionals from their respective fields, took part in two Life Planning Fairs in historically underserved neighborhoods in Pittsburgh, Pennsylvania. Using a form developed by the Allegheny County Bar Association …

Arts-Based Sustainability: From New York To Malawi, Martha B. Lerski

Publications and Research

Recognizing that libraries serve multiple constituencies and subject areas, this chapter documents and advocates for development of transdisciplinary arts-based research (ABR) and culture-related projects linked to environmental challenges. Libraries contribute collections and spaces, as well as the research of library and information scientists. Libraries are currently among invisible contributors to sustainability planning and services. The chapter will link this invisibility to the value of what visual arts refer to as negative space elements in subjects ranging from traditional ecological knowledge to environmental science. Library collections, projects, and research contribute to education for sustainable development (ESD) as required to achieve the …

Ndls Communicator: Week Of 06.02.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Celebrating the Commencement of Notre Dame Law School's Class of 2025
• Notre Dame Law School announces awards for 2025 graduating class
• Kate Maxwell '25 J.D. receives 2025 NAWL Outstanding Law Student Award
• Notre Dame Law School launches new Veterans Law Clinic
• ND Law's Program on Church, State & Society names three 2025 Summer Fellows
• Ukrainian Catholic University students enrich Notre Dame Law School classrooms through ongoing exchange
• Notre Dame Law School and Indiana Justice Project Collaborate on Senate Bill 142 to Expand Access to Eviction Expungement

Faculty Briefs

• Jimmy Gurulé was featured on a Bloomberg Businessweek podcast …

Latino Threat Perceptions And Immigration Attitudes: An Examination Across Generations Of Latinos, Michelle Angel

Dissertations and Theses

Recently, immigration has been a major focus in U.S. politics, more importantly with the current administration pushing for the implementation of punitive immigration policies. Research shows that perceived Latino threat is associated with support of Trump and harsh border controls. While existing research has expanded the perceived Latino threat and punitive border control attitudes among non-Latinos, less is known about how perceived Latino threat and punitive border control attitudes function within their own group and how they might vary across different generations of Latinos. Accordingly, there has been a shift in Latino voting preferences, specifically across different generations of Latinos. …

Climatologist Mann's Defamation Suit Victory: Can It Resolve The Crisis Of Expertise, David S. Caudill

Faculty Publications

When a jury awarded one million dollars in punitive damages to climatologist Michael Mann, in his defamation suit against writer Mark Steyn (who accused Mann of scientific fraud), it was newsworthy, even surprising, because opinions regarding scientific matters are rarely actionable. And yet it was not seen as a groundbreaking event in terms of legal doctrine, since the outcome was easily justifiable— Steyn’s accusation was provably false. However, even if the Constitutional contours of defamation law did not change, the Mann verdict has far-reaching implications for a major contemporary social phenomenon, namely the so-called crisis of expertise, a term identifying …

What Are “Wartime Authorities” And When Can The President Use Them? An Expert Q&A, Tess Bridgeman, Rebecca Ingber, Scott Roehm

Online Publications

The first several months of President Donald Trump’s second administration have been marred by the chaotic and often unlawful use, or threatened use, of wartime and terrorism-related authorities for what are essentially domestic immigration or criminal law enforcement purposes. This is not the first time a president has sought to push the boundaries of his wartime powers, or outright claimed those he did not have, but it may well be the most extreme. Indeed, Trump’s reliance on wartime authorities in contexts entirely divorced from armed conflict, or even the threat of force against the United States, puts the country on …

Research Misconduct Sebagai Suatu Tindak Pidana Penyebaran Berita Bohong: Sebuah Tinjauan Hukum Pidana, Kemal Fikri Royadi, Monte Carlo Faza Harissa

Jurnal Hukum & Pembangunan

Research is one of the gates to uncover wisdom in scientific disciplines. In its implementation, it is often found that there are various interests underlying the research. These various interests also have their own purpose to the extent that it can influence the results of the research which can have implications to form a research misconduct. This research aims to review the national criminal law regarding this behavior by examining the relevant act’s articles as well as scholarly dogmatics due to the absence of laws regulating this matter. The method used in this research is juridical-normative using conceptual approach and …

Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia, Ilham Yuli Isdiyanto

Jurnal Hukum & Pembangunan

This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical …

Han-Wei Liu & Weiping He Australian Banking And Finance Law And Regulation, Chin Seng Bryan Leow, Kwan Ho Lau

Research Collection Library

It is a near-Sisyphean feat to properly set out the myriad interlinking issues in banking and finance law within a jurisdiction, and this is before tackling the accompanying regulatory issues. Pushing that proverbial boulder up the hill requires a firm grounding in the applicable black-letter rules; a good sense of the regulatory theories adopted by the supervisory authorities; and, finally, a keen appreciation of potential problems presented by the constant stream of novel financial products (and technology). In their book Australian Banking and Finance Law and Regulation, Han-Wei Liu and Weiping He have examined the Australian position relating to the …

2024-2025 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The Heyman Center FY25 Report highlights the Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo School of Law, detailing its 2024–2025 programs in business and corporate law. It showcases events with leading scholars and practitioners, a wide curriculum with clinics and specialized programs, the selective Heyman Scholars Program, and the leadership of Executive Director Fabian Eichentopf alongside faculty directors and affiliated professors, emphasizing the Center’s role in shaping ethical business attorneys and future leaders.

The Objective Observer: The Washington State Supreme Court's Remedial Aspirations And Experience On The Ground, David B. Owens

Washington Law Review

The Washington State Supreme Court has adopted an “objective observer rule” for addressing whether race impacted jury selection and extended this rule to evaluating all aspects of Washington courts, including jury trials. The objective observer rule allows courts to evaluate whether decisions in those courtrooms could be viewed as the result of racial bias, even where there is no evidence of specific racial animus and in the absence of racial slurs. The rule, which covers a form of disparate impact, has now existed for over half a decade. This Article outlines the Washington State Supreme Court’s development of the objective …

The Gift Of Public Funds Bogeyman, Noah Purcell, Michelle Saperstein

Washington Law Review

Washington’s “gift of public funds” doctrine is frequently misunderstood in ways that impede innovative ideas aimed at remedying some of our state’s most intractable problems. This doctrine arises from article VIII, sections 5 and 7 of the Washington Constitution, which prohibit state and local governments from gifting assets or loaning credit. While the Washington State Supreme Court historically applied these provisions in restrictive and confusing ways, the Court’s modern jurisprudence recognizes that the doctrine is inapplicable to funding expended for any of the many “fundamental purposes” of government. Even where a government program does not fall under this broad category, …

Attempting To Resolve The Felon-In-Possession Prohibition Circuit Split: The Second Amendment Historical Analogue Test After United States V. Rahimi, Chloe E. Bonds

Mercer Law Review

The Second Amendment provides, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The inception of this amendment was rooted in the Founding Fathers’ Enlightenment ideals and disapproval of the English Crown’s “standing armies.” In founding-era America, the militias were not composed of professional soldiers but instead of local citizens with the aim of providing common defense. The main concern surrounding the ratification was that the Second Amendment would give too much power to the federal government and result in the same …

Sustainability And Human Dignity Rights, James R. May

UMKC Law Review

No abstract provided.

Humans In Nature: Creating Our New Reality Through Ecological, Cultural, Global, Ethical, And Legal Reform, John Head

UMKC Law Review

No abstract provided.

The Hidden Secret Of Religion: Perpetrators Of Adult Abuse Escape Justice, Emma King-Murphy

UMKC Law Review

No abstract provided.

The Fair Labor Standards Act's Fading Promise To Workers With Disabilities, Jessica Rigby

UMKC Law Review

No abstract provided.

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

University of Chicago Law Review

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance—checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and intellectual history, …

Letter From The Editor, Davis Hayman

Criminal Law Practitioner

Dear Readers,

Thank you for your interest in The Criminal Law Practitioner. This marks my first publication as the Editor-in-Chief for the 2025-2026 academic year. I am thrilled to leave this remarkable team as we continue to solicit, write, and publish issues in criminal law.

 This issue continues this trend by highlighting topics including evolving interpretation of the 8th Amendment and a discussion on Constitutional venue issues related to internet crimes. Our authors provide some intriguing, unique insights that I invite you to dig into. In “The Continuing Unevolving Model of Decency, Kennedy v. Louisiana in Peril”, Professor Patrick S. …

Where Does A Hack Happen? Computer Intrusion Crimes And Constitutional Venue, Harrison Parker Blanchard Grant

Criminal Law Practitioner

The United States Constitution guarantees the right to a criminal trial where the criminal offense was committed. This guarantee—the venue requirement—forces courts to analyze where criminal conduct occurred. Technology makes that locational analysis more complicated. For one computer hacker, that same analysis led to his trial and conviction in Massachusetts, despite the fact that he did not hack into anything in Massachusetts. This Article examines the hacker’s case, exploring the technologies used to execute the hack and linking those technologies to the hacker’s trial in Massachusetts.

Masthead

UC Law Journal

No abstract provided.

Table Of Contents

UC Law Journal

No abstract provided.

In Place Of Prison, Grace Y. Li

UC Law Journal

A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass incarceration, must consider how to respond to serious and violent crimes. This Article offers an analysis of a real-world, ongoing experiment in doing so.

The Manhattan Felony Alternative-to-Incarceration Court (“ATI Court”) is the first and, thus far, the only court in the country that systematically offers defendants of any demographic and any charge the opportunity to be diverted from the traditional criminal legal system and to avoid prison. Defendants …

Enhancing The Sport Spectatorship Market For Hearing-Impaired Audiences: Accessibility And Engagement Strategies, Niveditha Karthikeyan

Journal of Applied Sport Management

This paper examines the application of the Americans with Disabilities Act (ADA) to the in-person sport spectatorship experience of hearing-impaired individuals. The delivery of the core sport product, especially at the stadium, is not equally accessible to individuals with disabilities, particularly for audience with hearing impairments. While the ADA mandates accessibility in public accommodations, its implementation for communication access within sport venues remains inconsistent. Through a focused review of legal frameworks, venue practices, and emerging technologies, the paper identifies gaps in current accessibility efforts and outlines practical recommendations to enhance inclusivity. Key strategies include the use of AI-powered real-time captioning, …

Large Language Models And International Law, Ashley Deeks, Duncan Hollis

Chicago Journal of International Law

Large Language Models (LLMs) have the potential to transform public international lawyering in at least five ways: (i) helping to identify the contents of international law; (ii) interpreting existing international law; (iii) formulating and drafting proposals for new legal instruments or negotiating positions; (iv) assessing the international legality of specific acts; and (v) collating and distilling large datasets for international courts, tribunals, and treaty bodies.

This Article uses two case studies to show how LLMs may work in international legal practice. First, it uses LLMs to identify whether particular behavioral expectations rise to the level of customary international law. In …

The Rise Of Big Data And The Law Of Armed Conflict, Laura A. Dickinson

Chicago Journal of International Law

Big data—extremely large quantities of information and the analytics used to process it—is now crucial to the way militaries operate on the battlefield. Data is used to run weapons systems, analyze intelligence, procure and deploy personnel, evaluate battlefield conditions, detain prisoners, and more. And not only is data increasingly being used on the battlefield, but operations targeting adversaries’ data—to acquire it, delete and destroy it, or distort or poison it—are becoming increasingly important as well. Beyond the battlefield, big data lies at the epicenter of adversarial activities below the armed conflict threshold. Because data is the fuel of artificial intelligence …

Interpretation As Creation: Article Vi Of The Outer Space Treaty, Charles Stotler

Chicago Journal of International Law

From the launch of Sputnik I in 1957 to proposals for In-Space Servicing, Assembly and Manufacturing (ISAM) and new lunar activities such as resource utilization, advancing technology has always been a driving factor in the creation of space law. From a legal-historical perspective, the notion of law as creation should be contextualized in a broader legal-philosophical transition that began with the rise of positivism. Article VI of the Outer Space Treaty orbits unsteadily between international obligations and national implementation measures, rendering significant States’ understandings of those provisions. Our understanding of Article VI turns on perhaps the most creative legal endeavor: …

Digital Evidence: Facilitating What And For Whom?, Rebecca Hamilton, Adebayo Okeowo

Chicago Journal of International Law

The emergence of user-generated evidence has revolutionized how atrocities and human rights violations are documented globally. Since 2011, when Syrian human rights defenders began documenting atrocities on their smartphones, a professional field has emerged around the collection, authentication, and preservation of digital evidence. However, this professionalization has created unintended consequences, as expertise and verification power shifted away from frontline communities to Global North institutions. This Article examines this tension through two case studies: the Rohingya Genocide Archive, and Nigeria's #EndSARS movement. These examples demonstrate both the power of locally-informed evidence collection and the challenges when verification skills remain concentrated among …