Digital Commons Network^™

Michigan's Humble "Rules Of The Road" And How They Drive The Law, Virginia C. Thomas

Law Faculty Research Publications

The author traces the Michigan Secretary of State's publication, What Every Driver Must Know, from its first edition in 1937 to show how it has guided Michiganders' understanding of the state's motor vehicle laws.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Regulating Foreign Political Advocacy, John J. Martin

North Carolina Law Review

No abstract provided.

The 107 Longest Supreme Court Cases, Benjamin H. Barton

North Carolina Law Review

No abstract provided.

Proactive Or Reactive? Defining Landlord Duties In Terry V. Public Service Company Of North Carolina, Ben Stroud

North Carolina Law Review

No abstract provided.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Conditions Of Vulnerability: Interpreting Social Condition Discrimination, Colleen Sheppard, Geneviève Plumptre, Hannah Reaburn

Dalhousie Law Journal

At a time of deepening structural inequality, it is important to develop human rights categories that respond to the needs of diverse social groups living in conditions of vulnerability. One source of protection, aimed at countering the exclusion and maltreatment of people who are socially or economically disadvantaged, is the addition of “social condition” as a prohibited ground of discrimination. Québec, the Northwest Territories, and New Brunswick have such protection in their anti-discrimination laws. In this article, we argue that the social condition ground is an important tool for redressing intersectional, group-based vulnerabilities that do not fit readily into traditional …

Empowering The Energy Transition In Rural Electric Cooperatives, Katrina Smith

North Carolina Law Review

No abstract provided.

Crypto-Influencer Liability, Nicole Pecharsky, Moin A. Yahya

William & Mary Business Law Review

The growth of celebrities endorsing cryptocurrencies over the past few years has resulted in many lawsuits and regulatory actions against them. This Article examines some of these recent actions using Google Trends as well as insights from scholarly marketing literature. We suggest that while celebrities can have an influence on the public in terms of searches and interest in cryptocurrencies, such influence is more nuanced. The impact of celebrity endorsements depends on how the public perceives the celebrity both in terms of their fame and their expertise. As such, any legal or regulatory actions will have to account for these …

Mutual Fund Fees, Stewart L. Brown

William & Mary Business Law Review

Investors pay billions annually in fees for actively managed mutual funds, despite the availability of far superior, cost-effective alternatives like index funds. Mutual funds, with their unique legal structure, insulate management fees from competitive pressures, thereby enabling fund sponsors to maintain high fees. Contrary to the assumption that legal, regulatory, and governance mechanisms adequately protect investors, this Article demonstrates that such safeguards are largely ineffective. The competitive forces that would ordinarily drive fee reductions are rendered impotent by structural conflicts of interest, ineffective regulatory oversight, and the passive role of independent directors. Fund sponsors capitalize on economies of scale, reaping …

From Amateurism To Open Markets: The Ncaa's Reckoning With Antitrust Lawsuits, Jesse Giffin

William & Mary Business Law Review

Throughout the 2000s the National College Athletic Association (NCAA) has been the subject of many high-profile antitrust lawsuits regarding the financial restrictions imposed on student athletes. The aftermath of some of the most recent decisions has given athletes new ways to earn compensation while competing in college athletics. In House v. NCAA, another historic antitrust lawsuit against the NCAA, the Court for the Northern District of California was tasked with deciding whether student athletes can be paid directly for their athletic performance. By comparing these NCAA antitrust lawsuits with other blockbuster antitrust cases such as the Microsoft antitrust case, …

Through The Lens Of Natural Selection: Understanding The Development And Adoption Of Legal Forms Of Business Organization, Brent J. Horton

William & Mary Business Law Review

This Article makes three contributions to the scholarship on the development and adoption of legal forms of business organization (LFBO). First, this Article examines how Charles Darwin’s theory of natural selection (i.e., variation, selection, and inheritance) can provide an overarching framework that can integrate previous theories of LFBO evolution propounded by Hurst, Blair, Hansmann, Kraakman, and Squire.

Second, Hurst, Blair, Hansmann, Kraakman, and Squire focused primarily on the evolution of joint stock companies and corporations during the American Industrial Revolution. This Article uses the lens of natural selection to explain the development and adoption of more recent forms of business …

Changing Duress: Giving Heirs Of Holocaust Victims An Easier Path To Recover Their Predecessors' Property, Jonathan M. Woolston

William & Mary Business Law Review

As claimants continue to come forth asserting claims for artworks their predecessors owned before the Holocaust, they run up against difficulties in trying to reclaim the property. While oftentimes it is not difficult to negotiate an informal return of property due to the immense public pressure and stigma on Nazi-looted works, more complex cases arise when artworks were sold to finance escape from the impending horrors of the Holocaust. In these situations, claimants face much greater difficulties in reclaiming the artworks. For one, the doctrine of duress prevents contracts from being voided if that duress was not applied by a …

J Mich Dent Assoc February 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The February 2026 (Volume 108, No. 2) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Risk Management and 2025 Servant Leadership as well as a clinical reprint …

From Care To Capital: Rethinking Resilience In The Philippine Labor Export System, Alexa J. Abendano

Senior Theses

Global migration has been a defining feature of the neoliberal world economy due to its ability to transform how nations manage care, labor and survival across borders. Within this system, the Philippines stands out as a country that has institutionalized labor migration as a development strategy since the 1970s. This paper examines how the Philippines states labor export policy shapes the vulnerability and resilience of migrant care workers, specifically those employed as domestic helpers in Hong Kong. By drawing on scholarship about global care economies, remittances, precarity, neoliberalism and resilience, this paper analyzes how emotional and reproductive labor are commodified …

Law Library Blog (February 2026): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Wellness Connection Newsletter February 2026, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Recommendations For Developing A Regulatory Sandbox And A Comprehensive Legal Framework For Fintech In Vietnam - Part I, Sue M. Altmeyer, Phan Dang Hai

Akron Law Faculty Publications

Fintech, a product of the 4.0 revolution, has experienced rapid growth in Vietnam, attracting significant attention from investors and government agencies. In encouraging innovation, the authors write, the need for a practical legal framework to regulate fintech activities has become a critical issue. The authors believe that this new legal framework should include a regulatory sandbox, which would allow fintech startups to test their products in a controlled environment, helping to mitigate risks, foster creativity, and enhance regulatory oversight. This two-part article discusses challenges in creating and implementing a regulatory sandbox and provides recommendations for overcoming these hurdles. This first …

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Publications

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

Cybersecurity Risk Shifting, Deborah R. Farringer

Vanderbilt Journal of Entertainment & Technology Law

The Change Healthcare cyberattack of 2024 paralyzed the health care system for months, creating an exceedingly far reaching and devastating impact on providers, suppliers, and patients across the country. While the scope of the attack was unprecedented, the cyberattack itself was not new, unique, or isolated. Indeed, this attack came just months after the close of a year in which the United States’ Department of Health and Human Services’ Office for Civil Rights (OCR) recorded the highest number of reported breaches of protected health information and the highest number of breached records. With a medical record fetching nearly four times …

Patients Versus Profits, David A. Simon

Vanderbilt Journal of Entertainment & Technology Law

Two motives drive much of American health care. The first is the motive to heal the sick—the patient motive. The second is the motive to generate financial gains—the profit motive. This Article asks the following question: where do these two motives intersect and diverge? Using three emerging technologies as examples, this Article provides a framework for answering this question. It then uses this framework’s insights to explain when and how legal and extra-legal institutions can be used to improve care, either by constraining the profit motive or aligning it more closely with the goals of patient care. This Article concludes …

The Privacy Law Jigsaw: Piecing Together Legal Compliance When Pieces Don’T Fit, Roy Wyman, Wesley Mcculloch

Vanderbilt Journal of Entertainment & Technology Law

Over the past six years the United States has shifted from a relatively stable and laissez-faire privacy regime, anchored by a few, sector-specific federal statutes such as the Health Insurance Portability and Accountability Act, to an increasingly fragmented landscape dominated by numerous state-level consumer privacy laws. While these laws share commonalities, they also vary in important ways. This Article analyzes that patchwork legal regime and its impact on businesses through four points of friction: (i) statutory applicability and thresholds; (ii) notice-and-choice requirements; (iii) individual data-management rights; and (iv) controller–processor contracting obligations. This Article further explores how modern service-delivery models, especially …

Transforming Indigent Appellate Advocacy, Rachel T. Goldberg, Estelle M. Mckee

Cornell Law Faculty Publications

Indigent appellate advocacy has long been confined to a narrow, technocratic model—one that prioritizes legal expertise over client autonomy and treats appellate cases solely as isolated legal battles rather than opportunities for systemic change. Unlike their trial-level counterparts, appellate attorneys representing indigent clients have received little scholarly attention, leaving critical questions about client participation, ethical representation, and social justice largely unexplored.

This Article challenges the status quo, arguing that appellate attorneys should rethink their role in ways that empower clients and confront the broader injustices shaping their cases. We introduce two alternative frameworks—client-centered appellate representation and participatory appellate representation—that draw …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Description

Journal of Dispute Resolution

No abstract provided.

Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson

Journal of Dispute Resolution

Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …

Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett

Journal of Dispute Resolution

The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.

Specialization And The Permanence Of Federal Bankruptcy Law, Rafael I. Pardo

BYU Law Review

Traditional historical accounts posit that federal bankruptcy specialization in the United States first developed under the system established by the Bankruptcy Act of 1898. That view assumes that the structural and temporal conditions necessary to foster specialization did not exist under the nation’s earlier federal bankruptcy systems—those created by the Bankruptcy Acts of 1800, 1841, and 1867. This Article theorizes that federal bankruptcy specialization very likely occurred under the pre-1898 systems and marshals evidence to that effect, primarily focusing on the Bankruptcy Act of 1841 (the 1841 Act). That statute marked a critical turning point in federal bankruptcy law, shifting …