Digital Commons Network^™

The Trial Of Socrates, Jonathan Van Patten

Faculty Publications

In many important ways, the trial of Socrates was not just the trial of the century, nor even the trial of the millennium. It predated the trial of Jesus, which is important for many other reasons, but Socrates’ contribution to how we think about justice and the rule of law is without equal. This Article explores the ways that this fifth-century B.C. trial, located geographically on the margin of what came to be known as the West, is at the center of what makes us a civilization. It is not simply about the drama, nor the politics of free inquiry, …

Practicing Law From Home During The Pandemic: Findings From The University Of Michigan Law School Alumni Survey, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

The University of Michigan Law School, through its Alumni Survey Project, conducts annual surveys of its graduates regarding their current work and their careers as a whole.  In the surveys conducted in 2022, 2023, and 2024, the Project included questions about the impacts of the coronavirus pandemic on various aspects of graduates’ work – their productivity, their co-worker relationships, their client relationships, the balance of their work and family life, and their income – as well as on their work experience overall. 819 graduates who had practiced law fulltime during the pandemic responded to the questions and more than half …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Catch 23: Putting Superior Back Into The Superiority Prong Of Rule 23(B)(3), Fred B. Burnside

Loyola Consumer Law Review

No abstract provided.

Subversion By Design, Daniel Nicastro

Loyola Consumer Law Review

Dark patterns, in the words of the design expert who coined the term, are ".. . tricks used in websites and apps that make you do things that you didn't mean to, like buying or signing up for something."¹ The FTC, in its 2022 Staff Report on the subject, defined them similarly as ". . . design practices that trick or manipulate users into making choices they would not otherwise have made and that may cause harm."² Endemic to the digital retail space, dark patterns subvert consumer decision making, resulting in inflated spending, widespread privacy violations, and the …

The Ftc's First Action Under The Inform Consumers Act: A New Era Of Enforcement?, Karli Hiltner

Loyola Consumer Law Review

No abstract provided.

Preemption Without Protection: Reconsidering The Airline Deregulation Act In An Era Of Federal Retreat, Carmela Frontzak

Loyola Consumer Law Review

No abstract provided.

The Limits Of Privacy Protection: Why Ai Chatbots Demand Coppa Changes, Jacob Yeskis

Loyola Consumer Law Review

No abstract provided.

Adding Family Complications To Birthright Citizenship, Scott Titshaw

Articles

On the first day of his second administration, President Trump issued an executive order purporting to restrict citizenship of U.S.-born children based on their parents’ citizenship or immigration status. In the process, it discriminates between mothers and fathers and adopts genetic definitions of “mother” and “father” to exclude any parent, who is not the child’s “immediate … biological progenitor.”

Courts and scholars have condemned this attempt to restrict birthplace citizenship as a violation of both the Fourteenth Amendment and the Immigration and Nationality Act. Yet there has been little, if any, discussion of the new family-based conditions in the order. …

Critical Lawyering Pedagogy: Transformational Legal Education, Carolyn Grose

Faculty Scholarship

In an era marked by democratic backsliding, systemic inequality, and widespread disillusionment with legal institutions, traditional legal education has proven not merely inadequate, but actively complicit in reproducing the institutional norms, professional identities, and hierarchies that have enabled democratic erosion and the misuse of law as a tool of exclusion and domination.

This Article describes a comprehensive, justice-oriented framework that reimagines the structure, content, and outcomes of legal education to better meet those needs. Critical Lawyering Pedagogy (CLP) draws from Critical Pedagogy, Narrative Theory, and Critical Lawyering and challenges the entrenched hierarchies and exclusionary norms that dominate most law schools …

The Myth Of The Second Amendment, Laura Muna-Landa

CGU Theses & Dissertations

This dissertation traces the evolution of the United States Supreme Court’s interpretation of the Second Amendment, which shifted from a constitutional provision grounded in collective security and concerns about tyranny to a modern doctrine emphasizing an individual right to possess firearms. It contends that post-Heller (District of Columbia v. Heller (2008) decisions do not simply “apply” founding-era intent to modern circumstances but instead reflect a significant doctrinal reconstruction that now shapes both gun policy and public perceptions of constitutional meaning. This research first reconstructs the founding-era context, then tests explanations of judicial behavior, and finally applies that framework to Heller, …

Prevention Beyond Deterrence, Benjamin A. Barsky

Emory Law Journal

This Article reconceptualizes preventive justice—the public safety paradigm that seeks to prevent harm before it occurs. Scholars have long documented how cities have advanced this paradigm through largely punitive measures, notably variants of broken windows policing, which posit that aggressive misdemeanor enforcement deters more serious crime. Yet in the aftermath of the 2020 George Floyd protests, and as underscored recently in City of Grants Pass v. Johnson, these measures have faced a legitimacy crisis—prompting calls for nonpunitive responses to nonviolent incidents.

This Article establishes a preventive justice approach that advances health and safety without emphasizing crime deterrence. It draws …

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Emory Law Journal

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Process Failures, Unremedied Harms, And Students With Disabilities, Claire Raj

Emory Law Journal

Although the Individuals with Disabilities Education Act (“IDEA”) has long aimed to extend what it calls a “free appropriate public education” to all students with disabilities, one demographic group—students from lower-income homes—has consistently been left behind. Securing a remedy under the IDEA’s highly technical rules and impermeable evidentiary standards increasingly requires the assistance of both lawyers and experts, neither of whom are easily accessible to lower-income families. This inaccessibility subverts Congress’s original intent. Congress infused the IDEA with robust procedures to ensure two equally important substantive ends. First, procedures were meant to ensure meaningful parent participation and provide parents with …

Regulating Manipulative Design Is Not Preempted By Cda 230 Or The First Amendment, Brett Frischmann, Peter Ormerod

Emory Law Journal

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet.

This Article argues that states retain considerable discretion to regulate digital platforms’ design and engineering decisions. We argue that manipulation, engineered behavior, and even habituation and normalization of engineered behavior by digital platforms are content-agnostic harms attributable to …

The Evolution Of Trust And Safety, Danielle Keats Citron, Ari Ezra Waldman

Emory Law Journal

This Article tells the inside story of the rise, spread, and evolution of trust and safety. We bring unique perspectives to this story. One of us (Citron) was on the inside, advising many tech companies over the years on how to create healthy digital environments. The other (Waldman) was on the outside, observing, through field research, how tech companies respond to and translate law into their routines, organizational structures, and practices. Together, these perspectives offer scholars and policymakers unmatched opportunities not just to see what is happening but to understand it as well. For decades, U.S. tech companies resisted legal …

Stitched In Precarity: Labor Exploitation, Immigration Policy, And Resistance In The L.A Garment Industry, Reyna Guadalupe Silva Carrillo

Scripps Senior Theses

Los Angeles hosts one of the largest garment manufacturing industries in the U.S., built on the labor of undocumented immigrants who often work under exploitative and unsafe conditions. This paper explores how the intersection of broken labor laws and punitive immigration enforcement creates systemic vulnerability for these workers. Despite recent reforms—such as California’s SB 62, which bans piece-rate wages and holds brands accountable—enforcement remains weak, and wage theft continues to persist. State-level protections for undocumented immigrants clash with federal policies that prioritize detention and deportation, leaving workers in a state of constant precarity. While grassroots movements have secured important legislative …

Platform Polarization?, Matthew B. Lawrence

Emory Law Journal

This Essay explores what the ongoing politicization of Americans’ relationships to and through the technologies they use to interact online might come to mean for the workings of American government and for the constitutional law questions—especially First Amendment and separation-of-power questions—that depend on those workings. James Madison described the workings of government as a function of the interaction of human nature, law, and social movements (factions). From local newspapers to national magazines to radio to broadcast TV to cable news, experience has taught that a fourth variable—the communications technology through which people interact—is also critically important. In the recent era, …

Justice For One, Injustice For All: The Consequences Of The Legal Services Corporation’S Class Action Restriction, Elizabeth J. Lattner

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 76 Issue 3 (2026)

Case Western Reserve Law Review

No abstract provided.

Google’S Sauna Hour: Reverse Keyword Searches And The Fourth Amendment, Matthew Matolka

Case Western Reserve Law Review

No abstract provided.

Dedication, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

South Dakota Law Review

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

Oversight Of Conservatorships And Guardianships In South Dakota: A Call For Legislative Reform, Peyton Forney-Rassat

South Dakota Law Review

Courts have the legal and ethical duty to monitor guardianship and conservatorship cases in order to protect the rights and livelihoods of persons subject to such arrangements. With increased aging populations and people with disabilities in America, this has become an area of concern for both federal and local governments. Lack of data regarding the number of guardianships and conservatorships present in America, as well as the number of individuals subject to abuse in such arrangements, has become difficult to address. However, recent highly publicized cases have brought this issue to the forefront of many American minds. The number of …

Bundle Of Bytes: The Legal And Ethical Considerations For The Transfer, Ownership, And Disposition Of Digital Assets, Wendy Donelan Madsen

South Dakota Law Review

The right to transfer, own, and dispose of one’s assets after death is one of Americans’ most cherished rights. For most of the last century, Americans primarily held tangible assets, which were sufficiently managed through estate administration laws. Some key rights, such as transferring, owning, and disposing of tangible assets, are well understood by the bundle of sticks analogy common in property law. However, in the twenty-first century, Americans have accumulated significant digital assets that also require transfer, ownership, and disposition. Yet the current laws governing intangible assets do not adequately address these needs. Therefore, the bundle of bytes offers …

The Trial Of Socrates, Jonathan K. Van Patten

South Dakota Law Review

In many important ways, the trial of Socrates was not just the trial of the century, nor even the trial of the millennium. It predated the trial of Jesus, which is important for many other reasons, but Socrates’ contribution to how we think about justice and the rule of law is without equal. This Article explores the ways that this fifth-century B.C. trial, located geographically on the margin of what came to be known as the West, is at the center of what makes us a civilization. It is not simply about the drama, nor the politics of free inquiry, …

A More Perfect Union? (Reviewing Erwin Chemerinsky, No Democracy Lasts Forever: How The Constitution Threatens The United States (2024)), Neil Fulton

South Dakota Law Review

It is a bold claim that the United States Constitution is a threat to democracy in the United States. It is certainly a claim that most would reject outright or be highly skeptical of at least. It is, however, exactly the claim that Erwin Chemerinsky makes in his book No Democracy Lasts Forever.

Erwin Chemerinsky is a prolific scholar, particularly of constitutional law. It is not surprising that he would produce a timely, topical, and thought-provoking book on the subject. What is surprising is his fundamental premise that the Constitution itself threatens democracy in the United States today. This provocative …

Legal Turbulence: Addressing Unresolved Questions In Civil Aviation Through Judicial Adjudication, Arthur Shirichena

Journal of Air Law and Commerce

The increasing complexity of international civil aviation has outpaced the mechanisms currently available for the peaceful resolution of disputes. While aviation has long been governed by treaties such as the Chicago Convention of 1944 and managed through institutions like the International Civil Aviation Organization (ICAO), many emerging issues remain unresolved by these frameworks. Questions concerning the interaction between aviation and competition law, the legality of air blockades and no-fly zones, and the definitional ambiguities surrounding dual-use technologies such as weaponized aircraft or unmanned aerial systems have created pressing normative and jurisdictional challenges. This Paper argues that the establishment or empowerment …

Risky Business, Atinuke O. Adediran

Faculty Scholarship

Corporate law scholarship and doctrine have largely operated on the assumption that corporate shareholders are interested in financial goals, while corporate stakeholders—such as employees, consumers, and local communities—are interested in social and environmental goals, like diversity and inclusion and climate change. Because of this assumption, the law largely requires a corporation to disclose information it considers to be “financially material” to shareholders—that is significant enough to impact the company’s financial position—including factors it considers to be financially risky.

Financial materiality is so embedded in corporate law doctrine that even if an issue is about social and environmental concerns, financial materiality …

The Nfl’S Collision With Antitrust Law: A Strategy For Defending The National Football League’S Joint Agreements With Streaming Providers, Jack Mays

Chapman Law Review

The next frontier of sports broadcasting is here. Media consumption has shifted dramatically in recent years. Streaming services have become the preferred medium for television shows and movies, and sports broadcasts have expanded beyond traditional cable to streaming services. Given this reconfiguration of public behavior, the Sports Broadcasting Act (SBA)—a 1961 exemption to antitrust law—should be construed to allow the National Football League (NFL) to collectively negotiate with streaming providers like Amazon Prime Video, Peacock, and Netflix.

The SBA exempts joint agreements between professional sports leagues and broadcasters from antitrust scrutiny when those agreements involve the “sponsored telecasting” of games. …