Digital Commons Network^™

State Recalcitrance Strategies For Resisting The Federal Government, Travis L. Letellier

South Dakota Law Review

States resist federal encroachments on their sovereignty. This recalcitrance has been buoyed by the renewed federalism jurisprudence of the Rehnquist and Roberts Courts. Research into state sovereignty typically arranges recalcitrance actions by the policy issue under discussion. This article takes a novel approach and instead evaluates state recalcitrance according to common strategies employed by political actors across the political spectrum. State recalcitrance strategies are categorized into four menu options: (1) Ignore It Exists, (2) Sanctuary Jurisdictions, (3) Pick a Fight, and (4) Political Posturing. The article recognizes these strategies are not mutually exclusive and concludes that the proposed menu of …

Does The 25th Amendment Merit Reform?: The Challenge Of Determining Presidential Disability, Karena R. Andreassen

Honors Theses

This research project examines the persistent lack of use of the 25th Amendment to the United States Constitution in its original form, despite many calls for the reform of the language or expansion of its application as situations unfold. Adopted in 1967, the amendment was created to address the challenges of presidential succession and incapacity. However, historical events over the last few decades, such as the assassination attempt on Ronald Reagan, Reagan’s colon cancer, and the general increase in the age at which presidents assume office, have contributed to scrutiny over the amendments’ provisions. This study will explore why specifically …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Reframe: A New Interpretive Framework For Non-Governmental Entity Responsibility In Outer Space, Steven E. Bartz

Journal of Air Law and Commerce

The mainstream interpretation of State responsibility for Non-Governmental Entities (NGEs) with respect to their commercial operations in outer space may hinder the further development of the commercial space industry. Specifically, that interpretation produces broad responsibility for nation-states (States) under international law and derivative consequences for States and NGEs, but the international space community might avoid the otherwise harsh practical consequences that are likely to hamper the continued growth of commercial activities by NGEs in outer space by reexamining and reinterpreting a few aspects of existing law. This article (1) examines mainstream interpretations of State responsibility for NGEs with respect to …

Space Agriculture, Biotechnology, And Terraforming: Rethinking The Paradigm Of Harmful Contamination, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

As humanity transitions from sporadic exploratory space missions to permanent settlements on celestial bodies (like the Moon or Mars), agriculture biotechnology, and, potentially, terraforming projects will be essential for establishing self-sustaining settlements.

These activities raise critical issues concerning the interpretation of the principle of harmful contamination under Article IX of the Outer Space Treaty (OST) and its implementation through the Committee on Space Research’s Policy on Planetary Protection (COSPAR Policy) referred together in this article as the “Planetary Protection Framework,” which is primarily oriented toward exploration with scientific integrity rather than permanent habitation.

The challenge lies in the fact that …

The Heavy Odds For A Weaponized And Lawless Outer Space, Rob Frieden

Journal of Air Law and Commerce

Just as space commerce appears to have reached a critical mass, competing national government interests can thwart progress with strategies and tactics that increase market risk, volatility, and uncertainty. Despite universal support for a treaty-level commitment to pursue only peaceful activities, for the benefit of everyone, unilateral actions by the governments of China, Russia, and the United States have the potential to disrupt markets and render space a new theater of warfare. These nations appear disinclined to embrace the unenforceable goals contained in five international treaties governing activities in outer space.

So-called Great Power Competition has generated high stakes rivalry …

Guilty Until Proven Innocent - Litigating Shy Bladder Cases Before The National Transportation Safety Board, Alan Armstrong

Journal of Air Law and Commerce

For airmen, the drug testing regulations and procedures in the United States are dispiriting, oppressive, and unjust. Evidencing contempt for basic physiology, an airman unable to produce forty-five milliliters of urine within three hours is deemed to have “refused” a Department of Transportation (DOT) drug test. While the regulations require the airman to be briefed on the shy bladder protocol, this requirement is not enforced by the National Transportation Safety Board (NTSB).

The FAA, after losing a case where the airman left the drug testing facility without being warned that such conduct would be deemed a refusal, simply abolished the …

John P. Davis And The Joint Committee, Pamela A. Izvănariu

Michigan Journal of Race and Law

This Article uses archival research and social movement theory to recover a critical but untold story about how John P. Davis innovated novel modes of organizational mobilization and multidimensional advocacy to build power and movement at the intersection of race and the economy in the Jim Crow and New Deal era. It examines Davis’s mobilization of the Joint Committee on National Recovery (JCNR), recovers the mobilization and advocacy models Davis engineered, and tells of the fight Davis and the JCNR waged to achieve racial and economic justice and effect a new— and truly emancipatory—New Deal.

Institutionalized Ostracism, Danieli Evans

Michigan Journal of Race and Law

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Police Gatekeeping, Emily M. Poor

Michigan Journal of Race and Law

The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace – they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against individuals. This Article examines the phenomenon of police gatekeeping, both as a practical barrier to resources and remedies and as a hegemonic mechanism to construct the social conception of truth.

Recognizing the ways in which civil society relies upon police as gatekeepers of both practical resources and the social …

La Ignorancia Es Atrevida: Hernandez V. New York And The Mistaken Exclusion Of Bilingual Jurors, Finley B. Davis

Michigan Journal of Race and Law

No abstract provided.

Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates

Michigan Journal of Race and Law

The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court’s ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of the modern American regulatory system. In fact, the ability of Indian Tribes to license attorneys to practice law within their court systems has largely gone unexamined outside of a few exceptions such as the Tribal Law and Order Act …

Chapman Law Review Looted Art Display, Phillip Der Mugrdechian

Chapman Law Review

"The 2025 Chapman Law Review symposium, “Raiders of the Lost Art: Legal Challenges and Recoveries,” brought together experts from around the country to discuss art law, looted art, and the prosecution of bad actors as a domestic and international concern.

The Hugh and Hazel Darling Law Library and Chapman Law Review put together a display to supplement the symposium. The display exhibited contributions from symposium panelists, focusing on works that showcased their areas of expertise. Topic areas included looted art restitution, the destruction of cultural heritage in Ukraine, museums as bad actors, and laws and cases that concern restitution and …

A Constitutional View Of Administrative Agencies, Anthony J. Diego

Honors Undergraduate Theses

This research focuses on a nuanced area of American law and history: the constitutionality of administrative agencies. Determining their constitutionality requires a sound and fundamental understanding of administrative agencies’ history and purpose, as well as applicable constitutional principles. Reliance on core legal and historical documents founding the United States, as well as existing literature analyzing them, is essential to this determination. Administrative agencies have existed within the United States government since the Founding, though not without scrutiny and exception to government operations. Recently, Supreme Court precedent dramatically changed agency operative functions, making it now an opportune time to analyze the …

Crisis, Controversy, And Credibility: Rhetorical Appeals In Governor Desantis’ State Of The State Addresses, Victoria E. Laird

Honors Undergraduate Theses

This paper examines how Governor DeSantis has used rhetoric to advance his political identity and policy during the Florida legislative sessions from 2019 to 2025. Using rhetorical analysis, the study identifies linguistic techniques and persuasive devices that help shape DeSantis’s policy agenda and drive legislation. This study is important as it explores the ability of political figures to ground themselves in language and push political ideologies. The findings reveal a consistent emphasis on ethos while simultaneously appealing to unity, strengthen, and moral clarity. Over time, DeSantis’s rhetoric evolves from defensive to assertive leadership framed by appeals to national policy and …

Criminal Defenses In The Age Of Ai: An Examination Of How Technological Advancements Are Challenging Traditional Duress And Mistake Of Fact Defenses, Lauren Lepage

Honors Undergraduate Theses

AI has rapidly evolved into a defining force of modern life, transforming industries by automating tasks, streamlining workflows, and enhancing everyday experiences. However, the same advancements, especially in deepfakes, now enable highly convincing manipulation of audio, images, and video, blurring the line between truth and fabrication. As these technologies grow more accessible, they not only reshape digital interactions but also challenge core principles of criminal law and culpability. This research examines the rapid advancement of Artificial Intelligence (AI) and deepfake technology and analyzes the challenges they pose to traditional criminal defenses. Employing a doctrinal legal research approach, it evaluates statutory …

An Analysis Of Florida's Dual Enrollment Laws: How Florida's Model Is Uniquely Protected By The Fourteenth Amendment, William H. Hamman

Honors Undergraduate Theses

Florida’s dual enrollment program is an offering within the state’s basic education package, allowing secondary students to participate in postsecondary courses while simultaneously earning secondary and postsecondary credit. In Florida, around 80,000 students participate annually, and 1.5 million students are within the grade range eligible for participation in the program. This thesis analyzes how the program, and subsequently eligible students, are granted constitutional protections under the Fourteenth Amendment. The author conducted this research to highlight the expansive nature of constitutional law and demonstrate how Florida’s model is unique among state-mandated dual/concurrent enrollment programs. To conduct the necessary research, the author …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A Framework For Trauma-Informed Mediation: A Heart And Mind Approach To Conflict Resolution, Michael Saini, Raheena Lalani Dahya, Shely Polak

Cardozo Journal of Conflict Resolution

Unresolved trauma histories can have both short and long-term consequences on children and parents' overall functioning. Using a trauma-informed approach to mediation, we first briefly highlight the impactofadversechildhood experiencesandunresolvedtraumasonadults. We then consider the various vulnerabilities and activations presented within mediation and the fundamental principles of trauma-informed mediation to assist parties in remaining within the "window of tolerance" during the mediation. Trauma-informed mediation is an approach that encourages mediators to be aware of potential trauma activations and to engage in compassionate practices to allow parties to engage within their own individualized "window of tolerance" to resolve disputes. We explore the unique …

Having Fun Is Not As Hard When You Have An Arbitration Clause: The Current Benefits And Possible Changes To The Arbitration Agreements Of Amusement Parks And Recreational Resorts For Consumers, Cynthia Spitzer

Cardozo Journal of Conflict Resolution

This Note will evaluate options that are more favorable for consumers to bring their injury claims against amusement parks and recreational resorts when the route for resolution is limited by an agreement. For instance, the option of an arbitration agreement would be more preferable when faced with only the option of a liability waiver. However, with possible future changes of consumer contracts from the FAIR Act, opt-in provision, or mandatory arbitration imposed on the corporations, the route for resolution can drastically change and improve the realm of possibility for consumers of amusement parks and recreational resorts.

Defining Arbitration, Jill I. Gross

Cardozo Journal of Conflict Resolution

The Federal Arbitration Act (FAA) does not define the term “arbitration,” the very process the one-hundred-year-old statute was enacted to promote. The absence of a definition has led to courts’ inconsistent and unpredictable application of the FAA’s regulatory benefits to agreements to resolve disputes in processes other than traditional, binding arbitration, such as appraisal, evaluation, and mediation. Additionally, with no clear definition as guidance, companies have inserted arbitration clauses into adhesive consumer and employment agreements that require “arbitration” of disputes but designate a process lacking hallmarks of due process. The Supreme Court even justified enforcing class action waivers in arbitration …

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration, Thomas Riley

Cardozo Journal of Conflict Resolution

During his seventeen-year tenure as Commissioner of the National Football League (NFL), Roger Goodell never testified at trial. However, that changed when a class of plaintiffs sued the NFL for antitrust violations, alleging the League artificially inflated the cost of its viewership package—NFL Sunday Ticket—and thereby harmed consumers. NFL Sunday Ticket is described as a “premium sports package” that allows fans to watch out-of-market games they otherwise would not be able to view in their current market. This David and Goliath moment was a chance to discipline the pricing of one of the most popular television products in the United …

Adjudication Hiding In Plain Sight: Rethinking Standing In Rulemaking Petition Cases, Gwendolyn Savitz

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Scaling Energy Resilience Through Energy Commons And The Solar Commons Community Trust, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Legal Research Skills: An Australian Law Guide, University Of Queensland, James Cook University, University Of Southern Queensland, Charles Darwin University, Southern Cross University, Queensland University Of Technology, Deakin University, University Of South Australia, Kate Strong, University Of Tasmania, The Australian National University

Research outputs 2022 to 2026

Updated in 2025, this edition of the guide is designed to support students undertaking Australian legal studies and contribute to the development of research skills in Australian law schools. An exciting feature of this edition includes a brand new chapter on Legal Research using Generative Artificial Intelligence (Gen AI).

Representing Climate Wreckers, Camila Bustos

Elisabeth Haub School of Law Faculty Publications

In recent years, lawyers have become increasingly aware of the implications of the climate crisis for legal practice. Amidst this context, United Nations Secretary General Ant6nio Guterres has urged recent graduates to decline work on behalf of "climate wreckers." This Article examines how professional responsibility rules and principles in the United States should be interpreted on a warming planet, particularly in the context of attorneys representing so-called "climate wreckers" in civil matters. I use the term "climate wrecker" to refer to fossil fuel corporations and trade associations that have engaged in public disinformation campaigns to stall climate action and sow …

Electing The Supreme Court, Dmitry Bam

Faculty Publications

There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …

High Hopes, Clouded Realities: Minnesota's Cannabis Legalization And The Hidden Health Risks, Allison Crescimanno

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.