Digital Commons Network^™

Innocence And Habeas Corpus: A Call For Equitable Reforms, Paige Skousen Nelson

BYU Law Review

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners …

Your Spotify Wrapped Year In Review – Data Privacy Edition, Saba Amid

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: Expanding Doctrinal Dialogue With Foreign And International Current Events Content 04-30-2025, Roger Williams University University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Thinly Veiled Greed: What Is Really Hindering Railroad Disaster Prevention In America, Arthur J. Meaney Iv

St. Mary's Law Journal

No abstract provided.

Compensating Regulatory Losers, Todd S. Aagaard

Faculty Publications

Every change in government regulation creates benefits and burdens that fall unequally on the population. This unequal distribution raises the question of whether fairness requires compensating those who bear regulatory costs—what is known as the “compensation problem.” The extensive body of scholarship addressing the compensation problem tends to focus only on the burdens of regulatory compliance and ignores the burdens of injuries left unaddressed by regulation. The effect of this differential treatment is to treat past regulatory windfalls as permanent entitlements and to omit from the analysis equally deserving regulatory losers who have suffered the consequences of unregulated harms. This …

No Rights To A Healthful Environment: Children Warrant Class Standing To Inhibit Climate Change Related Harm, Keira Kramer

San Diego Journal of Climate & Energy Law

Current laws in the United States stand at odds with children’s interests in a clean and healthful environment. Children deserve a healthful environment because of their constitutional right to life. This Article will analyze why courts have denied children’s right to a healthful environment. State and federal Courts have found that the environmental rights of children are a political question and, therefore, that children do not have standing to sue under the theory that they have a right to a healthy climate. This Article suggests that the courts are the best area of law for redressability for children affected by …

Enforcement In Human Rights Due Diligence Laws: A Comparative Analysis, Ryan Schmidt

Pepperdine Law Review

This Comment embarks on a comparative analysis of a variety human rights due diligence (HRDD) laws. It examines six different laws related to human trafficking and supply chains. These laws originate from five different countries and fit into two categories: (1) laws requiring a company to report what, if any, human rights due diligence it engages in and (2) laws that require more than just reporting. By surveying a wide sample of HRDD laws, this Comment provides a broad overview of this area of the law. It also describes the range of legal obligations that multinational enterprises face in different …

Table Of Contents & Masthead, Jacqueline Kessel

Pepperdine Law Review

No abstract provided.

Generating More Equitable Fair Use, Jacqueline Kessel

Pepperdine Law Review

From advancing healthcare and education to threatening democratic systems, generative artificial intelligence (AI) has demonstrated a capacity to positively and negatively impact society. And these benefits and consequences are not shared equitably. Copyright law, however, stands as a powerful mechanism in monitoring AI system development. Several complaints have charged generative AI system developers with copyright infringement, alleging that (1) ingesting copyrighted works as training data infringes the copyright owner’s exclusive right to reproduce works in copies and (2) generating AI outputs infringes the exclusive right to prepare derivative works because the outputs are based upon the works on which the …

What Copyright Can't Do, Blake E. Reid

Pepperdine Law Review

Copyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. Copyright law’s powerful remedies are now positioned to intervene in a wide range of everyday activities. As a result, scholars, policymakers, and advocates have increasingly called for modifying and applying U.S. copyright law to solve a wide range of public policy problems, from vindicating disability rights to protecting privacy to promoting competition among wireless carriers. But …

Troubling Trends: Ada Definition-Of-Disability Cases 2019–2023, Nicole Buonocore Porter

Pepperdine Law Review

This empirical Article continues my every-five-year tradition of examining every federal case discussing the definition of disability since the Americans with Disabilities Act (ADA) was amended, effective 2009. The results of this research from the third five-year period (2019–2023) are disappointing in both familiar and surprising ways. Similar to the 2014–2018 period, we continue to see way too many courts incorrectly applying (or not even citing to) the ADA Amendments Act. Moreover, I discovered several new troubling trends in this dataset that raise the possibility that we might be heading toward another backlash against ADA plaintiffs. This Article presents my …

Legislative Policy And Measuring The Impact Of Legislations In The Uae, Alia Saif Aljabri

Thesis/ Dissertation Defenses

This study aims to measure the current situation in the UAE in terms of applying the methodology of measuring the impact of legislation, and the extent of the necessity of establishing binding federal legislation, whether in the form of a federal law or a regulatory decision that regulates the most important legal provisions and procedural details of the process or methodology of measuring the impact of national legislation, or whether it requires re-studying the legislative cycle according to which laws and regulatory decisions are issued in the country, analyzing the processes, and introducing the process of measuring the impact of …

Detecting Ideological Bias In Trump's Tweets: Trump's Peace Plan As A Case Study, Amer Qasem

Middle East Journal of Communication Studies

This study aims to explore the extent of ideological bias in the discourse of elected U.S. President Donald Trump on social media platforms, specifically Twitter (now known as X), regarding his peace plan, commonly referred to as the "Deal of the Century." The study employs Critical Discourse Analysis (CDA) to examine all of Trump’s tweets related to the Deal of the Century, seeking to answer the following research questions: How did Trump portray the parties affected by the deal in his tweets? What rhetorical strategies did he employ to present the deal? The analysis spans the period from the announcement …

The Use Of Artificial Intelligence Applications By Media Students In Palestinian Universities And Their Achieved Gratifications “A Field Study”, Said Shaheen Allani, Ahmad Al Sallaq

Middle East Journal of Communication Studies

The study aimed to identify the extent to which media students in Palestinian universities use artificial intelligence applications and the achieved gratifications from it. The study belongs to the descriptive studies approach utilizing questionnaire as a tool for collecting data, for an available sample of (165) individuals that were distributed in five Palestinian universities. The study reached to; (54.5%) of media students in Palestinian universities use artificial intelligence applications, they use it for several reasons, the most important phrase is “it helps me to produce good digital content,” with a relative weight of (47.4%), it also achieves a number of …

Media Frameworks In Addressing Environmental Issues On Al Jazeera Net Website: An Analytical Study, Sabah Al Harahsheh

Middle East Journal of Communication Studies

This study aimed to recognize the media frameworks used to address environmental issues on (Al Jazeera Net) between 2009 and 2024. The study relied on the descriptive survey method, the theory of media frames, and the content analysis as a method and tool. The study population consisted of all articles, reports and interviews published on the (Al Jazeera Net) throughout the period specified by the study. A purposive sample was selected from the articles, reports and interviews interested in environmental issues only, which numbered eighteen journalistic works. The study identified the most important frameworks that presented the environmental issues during …

The Mediating Role Of Remote Communication On The Relationship Between Electronic Human Resource Management Practices And Organizational Performance In Iraqi Commercial Banks, Shuhub Basel Ahmad Taqa

Middle East Journal of Communication Studies

This study aimed to measure the impact of remote communication as a mediating variable on the relationship between electronic human resources (e-HRM) and organizational performance in Iraqi commercial banks. The study adopted a descriptive-analytical approach, with the study population consisting of managers, their deputies, and department heads in Iraqi commercial banks, totaling 242 individuals distributed across 24 commercial banks by the end of 2023. A total of 234 questionnaires were analyzed, achieving a response rate of 96.7%. The study employed Smart PLS software for data analysis and result extraction. The study revealed several key findings, the most significant of which …

The Tax Redistribution Gap, Eric Baudry

Fellow, Adjunct, Lecturer, and Research Scholar Works

The tax revenue gap—the difference between how much the IRS collects in tax revenue and how much it should collect based on the text of the Internal Revenue Code—is both well-defined and well-studied. But raising revenue is just one purpose of taxation; the tax code also operates to redistribute wealth. Drawing from the tax revenue gap and redistribution literatures, this article coins a parallel concept, the tax redistribution gap, to map the extent to which the tax system falls short of its redistributive goals.

Introducing a tax redistribution gap measure challenges background assumptions in current tax discourse: first, it would …

Motion For Leave And Brief Of Amici Curiae 1129 Law Students And 51 Law Student Organizations In Support Of Plaintiff's Motion For Summary Judgment, Jordan Merson, Spencer J. Pahlke

Student Amicus Briefs

Amici are 1129 law students and 51 law student organizations from law schools across the United States. They are diverse geographically, economically, socially, and politically. They study law for different reasons. They will go on to represent a wide range of clients and causes. Yet amici are united in one fundamental respect. They have dedicated themselves to the idea that we are a society governed by laws, not by raw power. They recognize that the executive order attacks their chosen profession. It attacks the values that cause law practice to be meaningful in American life. Amici ask this Court to …

The Professional Employer Organization As Dispute System Designer: Mandatory Arbitration In The Co-Employment Context, Ursula Ramsey

University of Miami Business Law Review

A professional employer organization (“PEO”) provides payroll, employment tax, and human resources services to its small to mid-sized business clients. Today, more than 200,000 businesses employing 4.5 million people utilize a PEO’s services. A common PEO strategy is to require co-employees of the PEO and its client companies to agree to mandatory arbitration provisions despite criticism that mandatory employment arbitration lacks public accountability, has lower win rates for employees, and may fail to protect due process. Mandatory arbitration is one method of dispute system design, a term that describes the selection and development of processes by which a company chooses …

The Mic Drop: The Urgent Call For Scotus To Settle The Discord On Right Of Publicity Preemption And The Split That Never Was, Roselyn P. Castillo

University of Miami Business Law Review

The Roberts Court and . . . 50 Cent? Surely, no one predicted this duo, but sooner rather than later, it may be reflected in casebooks across the nation. In 2020, the Second Circuit joined what has been referred to as a growing circuit split over the tension between state law right of publicity claims and federal copyright preemption. Aligning with the Eighth and Ninth Circuits, the Second Circuit held that a state law right of publicity claim was preempted. Conversely, the Third, Fifth, and Seventh Circuits have held that copyright law does not preempt state law right of publicity …

What The Cfpb Shut-Down Means For Debt-Collection, Emily Sultan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The Consumer Financial Protection Bureau (“CFPB”) is a federal agency that monitors financial markets to identify new risks to consumers, evaluates consumer complaints, and addresses unfair and deceptive trade practices by financial institutions, including banks, lenders, and credit card companies.[1]  The CFPB was created to protect consumers against the risky lending practices that caused the 2008 financial crisis.[2]  The CFPB has benefitted millions of Americans by helping homeowners facing foreclosure stay in their homes, curtailing banks from charging junk fees, and returning more than $20 billion to consumers nationwide.[3]  The agency also protects consumers impacted by institutional bias by enforcing …

Blunting The “Tools At Hand”: Recent Developments In Delaware Books-And-Records Demand Law, Daniel Meyer

University of Miami Business Law Review

In recent years, and despite their heeding the guidance of Delaware courts, stockholders’ use of the statutory books-and-records investigation mechanism under Delaware Code Title 8, Section 220 (“Section 220”) has been much maligned, with commentators blaming Section 220 actions for straining judicial resources and causing companies unnecessary costs and burdens. Moreover, Delaware’s legislature and courts have taken steps to curb stockholders’ inspection rights, blunting a crucial tool needed to develop allegations in meritorious cases so that stockholders can bring cases that survive motions to dismiss and continue into plenary discovery.

Instead of blindly accepting a narrative regarding a Section 220 …

Brief Of Civil Procedure Professors Suzette Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, And Doug Rendleman As Amici Curiae In Support Of Respondents: Trump V. Casa, Trump V. Washington & Trump V. New Jersey, Suzette M. Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, Doug Rendleman

Scholarly Articles

Nationwide injunctions are constitutional. Their core feature—courts’ power to render decisions that directly benefit nonparties—is consistent with traditional equitable practices. Accordingly, the Article III “judicial power” comprehends such remedies. Nationwide injunctions also comport with Article III’s case-or-controversy requirement, including constitutional standing.

Broad remedies are sometimes necessary, especially when government actors willfully disregard people’s rights, and the usual tools of aggregate litigation (such as class actions) are not practically available to vindicate those rights. Moreover, courts can readily navigate prudential concerns about nationwide injunctions, from fears of judge shopping to prematurely freezing the law. Courts remain attuned to these concerns, and …

If You Can’T Beat Hemp, Join Hemp: A Policy Argument For A Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives And Marijuana And Why Re-Scheduling Marijuana Isn’T The Answer, Frances Alaina Rodriguez

University of Miami Business Law Review

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform.

This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal …

Like Oil And Water: How The Guyana-Venezuela Border Dispute Impacts Foreign Oil Investors, Aisha Jehaludi

University of Miami Business Law Review

Guyana, a hidden gem located on the northern coast of South America, is an emergent nation primarily known as the land of many waters. However, in 2015, this hidden gem captured international attention when the country struck liquid gold: oil. The discovery put Guyana on the map as an attractive foreign investment opportunity, and over the last ten years, Guyana has gone from being one of the poorest nations in South America to the nation with the world’s fastest growing economy.

This economic boom, fueled by foreign oil companies, also caught the attention of Guyana’s neighboring country, Venezuela. On December …

Lubin Earns Indiana University’S Outstanding Junior Faculty Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An Indiana University Maurer School of Law faculty member is one of six professors on the Bloomington campus to earn the university’s Outstanding Junior Faculty Award.

Associate Professor Asaf Lubin will be recognized this fall with the award, which is the most prestigious campus-level award available specifically to pre-tenure faculty. The award is designed to identify the most promising untenured faculty and assist them in the development of their research programs and creative activities.

Deputized To Discriminate: The Dangerous Revival Of Ice “Task Force” Agreements, Yuwen Huyan

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Section 287(g) of the Immigration and Nationality Act, first implemented in 1996, authorizes local and state law enforcement agencies to enter into formal agreements with U.S. Immigration and Customs Enforcement (“ICE”).  These agreements, known as Memoranda of Agreements (“MOAs”), deputize selected officers to perform certain federal immigration enforcement functions.  There are two enforcement models: the jail enforcement model, in which officers identify individuals for ICE after an arrest, and the more controversial task force model, which allows officers to initiate immigration enforcement in the field—during traffic stops, patrols, or other community interactions. Once trained and certified by ICE, local officers …

Language And The Law: The Nature Of Law And Statutory Interpretation, Caleb W. Noble

Senior Honors Theses

The purpose of this thesis is twofold. First, it will demonstrate that law is both letter and spirit and that the letter and spirit should be balanced in interpretation. This thesis also seeks to define the spirit and letter of the law and their various components. The spirit is the metaphysical essence that embodies law and is made of intent, purpose, principle, and natural law. The letter is the substance of law and is made of promulgated commands, text, and language. Therefore, as law is both letter and spirit, these two must be balanced in interpretation. The nature of interpretation …

37th Annual Labor & Employment Law Conference, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar

Indonesian Journal of International Law

The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its …