Digital Commons Network^™

Human Rights Denied: Forced Evictions And Housing Injustice In The Democratic Republic Of Congo, Francesco Seatzu

Pace International Law Review

The Democratic Republic of Congo (DRC) grapples with a pervasive and alarming phenomenon of forced evictions orchestrated by multinational corporations operating within its cobalt and copper mining sites. This comprehensive inquiry, undertaken collaboratively by Amnesty International and the DRC-based Initiative for Good Governance and Human Rights, meticulously scrutinizes the multifaceted human rights implications emanating from four mining projects situated in the Kolwezi region of the DRC. The investigative report documents a troubling pattern of systematic disregard for the fundamental rights and dignity of affected populations, compounded by a stark failure on the part of mining operators to adhere to extant …

Forced Adoptions Of Ukrainian Children From An International Human Rights And Humanitarian Law Perspective, Ines Gillich

Pace International Law Review

The article analyzes the legality of the Russian practice of forced adoptions of Ukrainian children from an international human rights and humanitarian law perspective. It argues that while the relocation of children from conflict zones to safe areas is generally lawful under international law, these measures must only be temporary, and persons abducted must be returned as soon as possible. This article also argues that human rights obligations must be read in the light of international humanitarian law, which is the lex specialis applicable in armed conflicts. The article concludes that any permanent measures against the will of the children …

Puerto Rico's Coast: Preservation Through Positive Obligations On Property Owners And The State In The Context Of Climate Change, Jaime Villeta-Garcia

Journal of Comparative Urban Law and Policy

The rise in sea level, the obvious rampant coastal erosion and the uncertain future due to climate change urge the need to rethink the coast, through property and administrative law. The security of life, property and the fair and orderly use of the ultra-valuable resources that is the coast depend on a new concept for properties in the coastal zone and its effective execution by a conscious and responsible State. Centered on the community of Ocean Park in San Juan, Puerto Rico, it’s no longer a question of whether coastal property rights can contribute to safeguarding the coast, but rather …

Introduction, Karen Johnston

Journal of Comparative Urban Law and Policy

This article provides an introduction to the Journal of Comparative Urban Law & Policy, the Study Space Program offered by Georgia State University College of Law, and the articles resulting from the Study Space Rio de Janeiro Program held in June 2024.

The Transformation Of Juvenile Punishment And Reform Policies In The United Arab Emirates: A Comparative Study, Hamda Abdulla Almahri

Thesis/ Dissertation Defenses

This research addresses the topic of juvenile criminal responsibility in light of UAE Federal Law No. (6) of 2022, which was enacted to reorganize the rules for dealing with juvenile delinquents and those at risk of delinquency in accordance with societal changes and international standards. The study focused on analyzing the legal foundations of the concept of juvenile criminal responsibility, comparing the new legislation with the previous Law No. (9) of 1976, and highlighting the development in the age of responsibility, which has been raised to 12 years, along with the resulting legal and legislative implications. The research also examined …

Echoes Of Exclusion: The Underrepresentation Of Women In Congressional Testimony And Its Consequences For Judicial Decision-Making, Caroline L. Bruckner, Elizabeth Keith, Karen O'Connor, Collin A. Coil

ConLawNOW

Congressional hearing witnesses play a major role in the legislative process, providing information to committees to assist members and staff in crafting legislation. Recently, there has been increasing focus on the impact of congressional witnesses on legislative outcomes, executive implementation of federal statutes, and corresponding judicial decisions. This has raised questions as to the extent to which the underrepresentation of women and other marginalized groups as congressional witnesses can be measured and how their lack of representation translates to inequitable outcomes across all branches of government. This work explores the widespread use of congressional witness testimony in recent U.S. Supreme …

The Volume Of Information, Joshua Levine

Library Staff Online Writings

Judge Roy Bean was a legendary justice of the peace in Texas, known as the “Law West of the Pecos.” However, he was not known for his encyclopedic knowledge of the law. Judge Bean “had only one law book, a copy of the Revised Statutes of Texas, printed in 1879, as authorized by the Sixteenth Texas Legislature.” He relied exclusively on that book, and “[e]ven though the legislature sent him new books every two years, reflecting new laws, he burned them. He said he liked the old book better and he like those laws better, too.”

Finnish Fashion Lessons For The Creation Of A Sustainable Textiles Industry, Susanna Monseau, Kaisa Sorsa, Heidi Salokangas

Pace International Law Review

The detrimental effects of textiles and the fashion industry on the planet are well-known.
In its 2022 Strategy for Sustainable and Circular Textiles (the EU Textile Strategy) the EU proposed aggressive actions to transform the textile industry to implement the commitments of Europe’s Green Deal and Circular Economy Action Plan. The Textile Strategy’s aim is simple but ambitious: to end fast fashion. Its proposals will regulate textile businesses along the whole supply chain, but the views of the smaller enterprises that make up the majority of the supply chain have been overlooked, even as larger players lobby for policy changes. …

Senior Day 2025, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 12, 2025 University of Michigan Law School Senior Day.

Ndls Communicator: Week Of 05.12.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Different Kind of Lawyers: Stories of the Class of 2025, Part 1
• Professor Jay Tidmarsh Selected by Class of 2025 for Distinguished Teaching Award
• Third-year ND Law School students honored for public interest work at Champions for Justice Ceremony
• Two Notre Dame Law Students awarded 2025 Shaffer Public Interest Fellowship to Advance Justice for Underserved Communities
• The Exoneration Justice Clinic has successfully exonerated its third client.
• Last week, a U.S. District judge blocked the sale of the sacred Oak Flat site by the federal government. The Religious Liberty Clinic has long supported this case.
• News outlets and …

Deglobalization, Tax Competition, And The Potential Revival Of The Welfare State, Reuven S. Avi-Yonah, Doron Narotzki

Articles

Before 1980 the world was relatively closed. There were significant barriers to cross-border trade and investment in the form of tariffs and exchange controls. Martin Feldstein, former President Reagan’s chief economic adviser, coauthored an article in 1979 that showed that investment in the U.S. economy was about equal to U.S. savings, so the United States could manage without any foreign direct or portfolio investment.

Brief Of Amici Curia King County Department Of Public Defense, Center For Civil Rights And Critical Justice, Aclu Of Washington, And Washington Defender Association, Jessica Levin, Melissa R. Lee, Ronald A. Peterson Law Clinic, Katherine Hurley, Kate L. Benward, Adrien Leavitt, La Rond Baker, Cindy Arends Elsberry

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.

The Deterrence Dilemma: Is It Time For Canada To Abandon General Deterrence As A Sentencing Objective?, Caitlin Salvino

Dalhousie Law Journal

When Canada first codified its sentencing framework in the Criminal Code, Parliament included deterrence as a sentencing objective. The sentencing objective of deterrence encompasses two aspects: specific deterrence for the individual offender and general deterrence for other potential offenders. I engage with the concept of general deterrence and its incorporation into Canadian sentencing law throughout this article. I argue that Parliament should abandon general deterrence as a sentencing objective under the Criminal Code. After reviewing the jurisprudence on general deterrence and conducting a systematic review of its current application in Ontario sentencing decisions, I argue that general deterrence should be …

Restoring Confidence In Our Elections: An Analysis Of Post-Election Audits In South Dakota, Evan Sippel

Honors Thesis

Post-election audits have been a standard practice for election officials across much of the United States since the 2000 presidential election. However, there were still six states that had never performed a post-election audit as the nation prepared for the 2020 presidential election. Due to the controversies of the 2020 presidential election and the resulting decrease in voter confidence, particularly among Republican voters, there was a concerted effort in the few remaining states to pass legislation that would require election officials to conduct post-election audits. In response to this pressure, South Dakota passed a law to require that election officials …

Church And State Relationships Explored In Mississippi's Foster Care System, Olivia Gray

Honors Theses

Historically, the entities of church and state were never meant to be wholly separate. Yet, varying ideas as to what this relationship should be evolved over centuries to become the notion of a separation of church and state that Americans cling to today. Despite common misconceptions regarding this ideal, Mississippi’s foster care system maintains strong and beneficial relationships with local churches throughout the state to better impact and meet the needs of foster children in local communities.

This research seeks to explore the relationship between the church and the state utilizing the example of Mississippi’s foster care system. The findings …

Felony Offenders' Perceptions Of Effective Rehabilitation And Reintegration Programs In Northern Colorado, Burnes Marjorie

Undergraduate Honors Theses

Criminal justice reform programs in the U.S. have grown and developed as studies have found that older methods of criminal punishment are ineffective in terms of reducing the likelihood of an inmate being reincarcerated after release, referred to as “recidivism.” With the growth of these reforms, ground-breaking systems have been integrated into prisons in the form of rehabilitation and reintegration programs which serve to reduce recidivism. However, with the development of numerous new unique and powerful programs, determining which rehabilitation and reintegration programs are most effective in reducing recidivism in felony offenders in the U.S. is critical. Past research …

An Investigation Into Barriers Preventing Access To Health Insurance In Mississippi, Robert D. Tickner Iv

Honors Theses

As Mississippians continue to be one of the unhealthiest populations in the U.S. and the rate at which they are able to access health insurance remains low, it becomes more important than ever to understand what barriers are preventing them from gaining access to health insurance. This thesis will specifically explore what barriers are preventing access to health insurance in Mississippi, identify common factors that are preventing this access, and recommend policy solutions based on the results. To gain a better understanding of barriers preventing access to health insurance in Mississippi, I interviewed six healthcare professionals who work in Mississippi. …

Breaking The Ice: China And Lawfare In The Arctic, Sophia Toner

Honors Theses

This thesis examines China's engagement with international legal frameworks in the Arctic through a lawfare lens, using a structured analytical framework to assess whether Chinese activities constitute lawfare. Focusing on two key cases—China's involvement in submarine cable infrastructure and its navigation of the Northern Sea Route—the research applies Andrea Beck's three-part definition of lawfare: "(1) the misuse of the law in order to, (2) achieve a military objective, and (3) undermine the legal framework." The analysis reveals that China's Arctic engagement does not fully constitute lawfare according to this definition. Rather than misusing legal frameworks, China operates within existing structures …

Closing The Gap In Pre-Law Preparation: Founding A Pre-Law Club At Ole Miss, Nicolantonio Prentosito

Honors Theses

Attending public school from kindergarten through 12^th grade in a struggling Ohio school district, I experienced the inequities in the public education system from a young age, particularly with tests like the SAT that can have a major impact on our futures. After becoming a National Merit Finalist, I wanted to help even the playing field for students from poor districts like mine by founding a non-profit, Scholar Power, to offer free PSAT, SAT, and ACT education and preparation.

Starting college, I recognized similar inequities with the Law School Admissions Test (LSAT) and the pre-law process in general. As …

The Ethics Of Advertising Unhealthy Food To Children: A Study On Potential Advertising Policy Restrictions And Their Effects On Children Of Disadvantaged Minority Groups, Riley M. O'Neal

Honors Theses

According to the Centers for Diseases Control and Prevention, one in five children in America have obesity. Black and Hispanic children experience obesity at higher rates than children of other racial groups. With obesity rates increasing, what should be done to stop this increase? One partial solution is to restrict the advertisements of foods high in sugar fat, and/or refined grains directed towards children. Advertisements may be restricted in their mode (i.e., the media through which they are viewed) or their content (i.e., the substance of the advertisement or product packaging). While these restrictions on advertising may help lower overall …

Seeing The Bigger Picture: A Comparative Approach To English Language Learner Policy And Practice In Mississippi, Anne Haughton

Honors Theses

As the number of English Language Learners (ELLs) in Mississippi’s public schools continues to rise, the state’s current systems of support have been lagging. This thesis examines how English Language Learners (ELLs) are supported in three states with distinct policies and programs: California, Texas, and Arizona. Then, these approaches are compared to the current situation in Mississippi. Using public education policies, state department guidelines, and existing research on instructional models, the study highlights key differences in program options, teacher preparation, and graduation outcomes in each state. The findings show that while states like California and Texas have invested in bilingualism …

An Articulation And Defense Of American Nationality, Clara E. White

Honors Theses

This thesis seeks to first provide an articulation of American nationality based on the five components outlined in David Miller’s book On Nationality. These components are Geographical Connection, Constitutive Belief, Public Culture, Active Identity, and Historical Continuity. In the case of American national identity, these components are satisfied by the founding documents meant to govern the United States as well as the sum of how citizens have interacted with these texts throughout history. Secondly, this thesis composes a defense from two widely known theories of political thought that I believe violate the articulated American nationality. These views are labeled as …

A Warranted Bill? The Bank Merger Review Modernization Act And Its Potential Effects On The Banking Industry, Arianna Carroll

St. John's Law Review

(Excerpt)

In early 2023, three small to mid-sized banks failed, accounting for three of the largest banking failures in modern United States history. The three banks were Silicon Valley Bank, First Republic Bank, and Signature Bank, and their failures were found to be due to their lack of risk management. At the time of their respective failures, Silicon Valley Bank, First Republic Bank, and Signature Bank were large, regional banks in the United States with combined holdings of over $530 billion in assets. Their clientele were all mainly in the technology sector, including venture capitalists, cryptocurrency, and high net worth …

A Rendezvous In Outer Space Law: The Challenge Of Establishing Binding Regulations For Dual-Use Capabilities, Chelsea Merrill

St. John's Law Review

(Excerpt)

When the Soviet Union launched Sputnik in 1957, it was not only a significant leap forward in the Space Race with the United States, but also the catalyst for a series of international treaties that would serve as the foundations of outer space law. In the last decade, the world has seen similar technological leaps in the commercial sector. Elon Musk’s SpaceX has launched spacecraft with all civilian crews while Jeff Bezos and Richard Branson aim to expand the market for commercial space flights. Lockheed Martin is one of many companies looking to offer commercial services for maintaining satellites …

Ai Inventorship: Recognizing The True Inventors Requires Change, Nicholas Scambia

St. John's Law Review

(Excerpt)

The Analytical Engine was conceived almost two hundred years ago—a general-purpose programmable computing engine which had essential features resembling a modern-day computer. While truly a marvel for its time, the Analytical Engine lacked the ability to perform functions on its own, as it was only able to do tasks for which it was programmed.

Today, artificial intelligence (“AI”) has become increasingly popular and powerful and is projected to keep growing. AI demonstrated its autonomous strength to the whole world on national TV when IBM’s Watson competed on Jeopardy!, beating the game show’s legends Ken Jennings and Brad Rutter. Since …

Ben Crump And Racialized Professionalism, Katherine A. Macfarlane

St. John's Law Review

(Excerpt)

Benjamin “Ben” Crump is the country’s most influential civil rights lawyer. His advocacy led to the arrest and prosecution of George Zimmerman. He has represented the families of George Floyd and Breonna Taylor and many others, negotiating record-breaking settlements despite a body of civil rights precedent that is overwhelmingly pro-defendant. Crump is also a modern lawyer who uses press conferences and social media to advance his clients’ cause. To his clients, he is a lawyer, confidante, and friend. Yet, based on the way national media covers him, his significance isn’t always clear. When his work isn’t being erased, it’s …

Barred From The Profession, Mischaracterized As Unfit By Law, Julia Mizutani

St. John's Law Review

(Excerpt)

There is growing recognition that the bar examination can have racial and social effects when determining who can be an admitted and barred attorney in the United States. This Essay explores the history and current racialized issues with the other portion of bar admission—the character and fitness process. The simultaneously rigid and fluid definition and subjective enforcement of “good moral character” is only one example of how the law continues to reproduce and maintain racial and class hierarchy by creating barriers to entry. This Essay does not come to any direct conclusions or specific solutions. This Essay is a …

The Gatekeepers: How State Bar Associations' Disciplinary Process Is Racialized And Classist, Brooke Girley, Jonathan Barry-Blocker

St. John's Law Review

(Excerpt)

Modern U.S. legal ethics and attorney regulations exist for three ostensible goals: to protect clients from unprofessional lawyers, to compel ethical performance from all licensed attorneys, and to safeguard the legal profession’s freedom to self-regulate. However, a recent study conducted by the California Bar Association revealed attorney regulation is more racialized and classist than these objectives suggest. The study explored attorney disciplinary action and found significant disparities in probation and disbarment along race and class. Put simply, the Bar functioned more to police the “other” than to protect the rights of consumers and the profession. These disparities are not …

Auto Dissertation I, Vol. 1: Breaths Along The Potomac: An Epistolary Art Gallery, Dominic Shodekeh Talifero

Northwestern Law Journal des Refusés

No abstract provided.

A (Gen X Pop Music) Criminal Procedure Playlist, Tung Yin

Northwestern Law Journal des Refusés

No abstract provided.