Digital Commons Network^™

Digital Reuse And Online Availability Of Visual Artworks, Paul J. Heald, Matthias Sahli, Alexander Cuntz

Scholarly Works

We study how copyright impacts the distribution and reuse of images in the visual arts sector, exploiting the discontinuity at the 1926 US public domain cutoff together with cross-country variation between US and European museums. We find that public domain status raises artist-level image availability on Useum, a major image aggregator, by approximately 19 percent relative to comparable copyrighted artworks. Onward reuse of Useum images across the web is substantial - an artwork image appears on 76 additional web pages on average - and is higher for public domain artworks, though estimates are statistically significant only in some specifications. Moreover, …

Disaster Risk Management During Climate Emergencies In The Dominican Republic And Puerto Rico, Rosleny Ubinas

Dissertations and Theses

This paper analyzes the DRM approach as an effective framework in addressing climate emergencies across the Dominican Republic and Puerto Rico. These two Caribbean regions, with high hurricane exposure and differing response structures, are deeply shaped by their governments and affiliated international organizations. Disaster Risk Management is the systematic process of using laws, plans, institutions, and community networks to reduce vulnerability to hazards and coordinate effective response when disasters occur. It covers the full cycle, from prevention to reconstruction and rebuilding more resiliently. The Dominican Republic’s law-based intervention led to greater local-level community participation during disasters with its embedded volunteer …

Front Matter, Editors Of Journal Of Law & Social Policy

Journal of Law and Social Policy

No abstract provided.

Risk And Releasability: Rethinking “Suitable” Support Networks For Former Foster Youth In Ontario Bail Courts, Marsha Rampersaud

Journal of Law and Social Policy

Contemporary societal trends indicate many young adults rely on their families for financial and other support for longer than in the past, often well into their 20s. Youth leaving the child welfare system, however, do not have similar supports to rely on when they reach the age of majority (eighteen in Ontario). In bail court, the experiences of those who have familial support differ markedly from those who do not. Qualitative interviews with youth, lawyers, and social workers illuminate the experiences of young adults (ages eighteen to twenty-four) who have exited the child welfare system and come into conflict with …

Reproducing The French-Canadian Settler Collective In Ontario Through French Language Rights, Monique Woolnough

Journal of Law and Social Policy

Much of settler colonial theory and studies in Canada has focused on the dominant British settler colonial power, with an emerging spotlight on Quebec. Little attention has been paid to French-Canadian settler colonialism in French-Canadian minority provinces such as Ontario. This research aims to make visible this gap in attention and begin to fill in its contours by understanding how the French-Canadian settler colonial project operates in Ontario through law. Through the application of Indigenous, settler colonial, socio-legal and critical feminist and race theories to a review of narrative themes in the jurisprudence of courts and tribunals interpreting Ontario’s French …

The Closed Door At 301 Wellington Street, Tom Nichini, Kim Brooks

Journal of Law and Social Policy

Although women and racialized lawyers comprise significant proportions of the Canadian bar, they and other equity-deserving lawyers remain markedly underrepresented among counsel making oral submissions before the Supreme Court of Canada. This article presents findings from a five-year empirical study (2017–2021) examining who appears before the Court through an observational analysis of 273 cases and a survey of 279 counsel. The research reveals that presenting counsel are predominantly white, cis-male, and have extensive experience at the bar: e.g., women account for only 26.9% of appearing counsel, while racialized lawyers comprise 12.8%. After evaluating whether this gap can be attributed to …

Taxing Ai, Assaf Harpaz

Scholarly Works

Artificial intelligence (AI) is poised to transform the distribution and sources of income, with some experts predicting widespread job displacement. Even under optimistic projections, AI is expected to exacerbate wealth inequality, given that the technology’s ownership and immense value are concentrated within a subset of Big Tech companies and AI startups. These outcomes will have far-reaching impacts on the federal tax system, which heavily relies on taxing individual labor income and payroll, rather than capital or consumption.

This Article argues that AI threatens to disrupt the tax system’s ability to fulfill its fundamental goals of raising revenue, redistributing income, and …

Restrictions On Party Status In Interpretations Of An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Jamesy Patrick, Alana Cattapan, Brenda Yuen

Journal of Law and Social Policy

An Act respecting First Nations, Inuit and Métis children, youth and families came into force in January 2020 with the stated objectives of affirming Indigenous jurisdiction over child and family services, reducing the overrepresentation of Indigenous children in state care, and advancing Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples. Central to achieving these objectives are the Act’s National Standards, which are intended to ensure Indigenous communities are meaningfully included in decision-making processes. While these standards were upheld by the Supreme Court of Canada in 2024 as constitutional, emerging jurisprudence reveals significant shortcomings in the …

The Surveillance Of System-Adjacent Individuals, Mariam A. Hinds

Faculty Scholarship

Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed the Fourth Amendment privacy rights of individuals under probation or parole supervision. In this line of cases, the Court concluded that the government’s interest in monitoring supervisees, reducing recidivism, and promoting public safety outweighed their reasonable expectation of privacy.

However, surveillance mechanisms like probation and parole extend the criminal legal system’s carceral gaze beyond the supervisees and peer into the bedrooms and digital lives of their families, roommates, and communities, or who this Article calls system-adjacent …

Brokering Safety, Chinmayi Sharma, Thomas E. Kadri, Sam Adler

Faculty Scholarship

For victims of abuse, safety means hiding. Not just hiding themselves, but also their contact details, their address, their workplace, their roommates, and any other information that could enable their abuser to target them. Yet today, no number of name changes and relocations can prevent data brokers from sharing a victim’s personal information online. Thanks to brokers, abusers can find what they need with a single search, a few clicks, and a few dollars. For many victims, then, the best hope for safety lies in obscurity—that is, making themselves and their information harder to find.

This Article exposes privacy law’s …

Element Of Accountability: Strengthening Enforcement Of California’S Housing Element Law, Jonathan D. Bremen

Chapman Law Review

California’s housing crisis, marked by a severe shortage of affordable housing, soaring costs, and rising homelessness, has reached alarming proportions. Despite decades of efforts, the state continues to grapple with a housing market that significantly underserves low- and middle-income residents, forcing many to devote high portions of their income to housing. On paper, California’s Housing Element Law appears to be a valuable tool to address the crisis by requiring cities and counties to plan for housing needs across all economic segments. Widespread noncompliance with the law, however, has prompted both the state Attorney General and private parties to seek judicial …

Through A Glass Darkly: Targeting Cyber And Space Infrastructure In The Law Of War, Michael D. Minerva

Chapman Law Review

As modern militaries become more capable in the cyber and space domains, much of the legal debate has focused on how to legally conduct cyber and space operations. While important, that discussion has largely overlooked the legal implications for the rapidly growing cyber and space infrastructure that exists in the physical domain—commercial satellites like Starlink filling the night skies and data centers like those popping up all over northern Virginia. Most of this infrastructure is commercially developed and privately owned—presumptively civilian in nature—and yet used by militaries all over the world.

The same way bridges form critical ground lines of …

The Outer Space Legal Regime: Peace In Name, Power In Practice, And The Call For A New Treaty, Jaeden Esquivel

Chapman Law Review

Space warfare poses grave dangers that many fail to appreciate. Modern technologies and data-driven services have transformed the domain of space from a distant scientific frontier into the backbone of twenty-first century life. GPS navigation, supply chain logistics, aviation systems, weather forecasting, disaster planning, emergency services, and countless other essential, everyday data-driven systems depend on satellites operating in orbit. If these satellites were permanently disabled or destroyed, the critical Earth-bound infrastructure that relies on them would collapse as well.

For nearly fifty years, space as a geopolitical domain has relied on the 1967 Outer Space Treaty (OST) to ensure that …

Arbitration Overcorrection? Interpreting Arbitration Clauses After Morgan V. Sundance, Peter Constable Alter

Chapman Law Review

In 2022’s Morgan v. Sundance, Inc., the Supreme Court ruled that the Federal Arbitration Act (FAA) does not allow courts to “devise novel rules to favor arbitration over litigation.” Applying that principle, the Court held that the Eighth Circuit erred by grafting an arbitration-specific prejudice requirement onto the generally applicable waiver standard when deciding whether a defendant waived its right to arbitrate by proceeding in court. The Supreme Court traced this error to a misunderstanding of the FAA’s core purpose. While courts, including the Supreme Court itself, routinely interpreted the FAA as establishing a liberal “policy favoring arbitration,” the …

Escaping The Labyrinth: Cutting Through The Maze Of Federal Sector Employment Laws To Streamline Appeals, Allow Faster And More Consistent Decisions, And Level The Playing Field Between Agencies And Employees, Christopher Ligatti

Chapman Law Review

Federal employees and their job protections have gained increased media attention due to the current presidential administration. Criticism has long been aimed primarily at the property interest and accompanying due process protections that federal employees have in their employment. However, this Article argues that while the federal sector employment law system is badly in need of reform, the issue is not the constitutionally required due process protections afforded to employees, but rather the additional statutory and regulatory protections Congress has granted employees. Currently, federal employees have multiple overlapping forums in which they can bring employment actions, may cross-appeal negative decisions …

The Military Discharge Review Boards’ Irregular Presumption Of Regularity, Jessica Lynn Wherry

Chapman Law Review

“There is a presumption of regularity in the conduct of governmental affairs.” With these twelve words in the Department of Defense’s Code of Federal Regulations, the military discharge review boards (DRBs) have denied relief to thousands of veteran-applicants seeking a discharge upgrade. While seemingly innocuous, this administrative principle has become a nearly insurmountable barrier to relief for veterans with a less-than-honorable discharge. Veterans with a less-than-honorable discharge are generally ineligible for a range of veterans benefits, including health care and education benefits, and they have higher suicide rates compared to honorably discharged veterans.

For most veteran-applicants, the administrative path to …

Muted By The Machine: Expanding Ftc Authority To Address Algorithmic Review Suppression, Aubrey Adams

Chapman Law Review

As digital platforms increasingly shape consumer decision-making, the integrity of online reviews has become central to fair market competition. In 2024, the Federal Trade Commission (FTC) issued a final rule prohibiting deceptive practices involving consumer reviews, including traditional forms of review suppression. Yet the rule fails to address a more subtle threat: algorithmic review suppression.

This Note argues that algorithmic review suppression, where platforms use automated systems to downrank or obscure negative reviews, creates a misleading impression of product quality while evading existing regulation. Unlike traditional suppression, these practices operate invisibly under the guise of content curation, distorting consumer perception …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

Goods, Practices, Excellence, And The Law: Steps To An Internal Theory Of Value, Rowan Gray

CMC Senior Theses

Practices are the coherent and complex social activities we spend much of our lives engaging in. This category encompasses everything from figure skating to wine-tasting to friend relationships. We gain immense value from participating in practices, and philosophers have articulated a number of accounts for where the value emerges from and how we can best experience it. Many of these theories are ‘externalist’, because they posit that value is incidental to practices and emerges from outside of them.

In contrast, this thesis will argue that the value in practices is internal to each practice. The value comes from each practice’s …

Balancing The Scales Of Justice: The Unconstitutionality Of Marital Rape In India, Pallavi Raju

CMC Senior Theses

Marital rape remains an unpunished crime in India, despite decades of dispute and litigation. This thesis explores the question of why the state continues to retain the marital rape exception within the Indian criminal code, even though it commits to combat gender based violence in other areas of justice. The research begins with a broader understanding of privatization of women’s rights in the international sphere and culturally sanctioned violence to protect the institution of marriage. With a focus on the legal justifications and language of Indian court cases, this thesis determines that judges adjudicate on gender justice inconsistently. Attempting to …

Tilting The Playing Field: Executive Attacks On Big Law Firms As A Mechanism Of American Competitive Authoritarianism, Sajah Ali

CMC Senior Theses

This thesis examines how President Donald Trump’s executive campaign against elite law firms, collectively known as “Big Law,” serves as a concrete case study of competitive authoritarianism in action. Drawing on Steven Levitsky and Lucan Way’s framework in their work The Path to American Authoritarianism, this thesis applies their four pillars of competitive authoritarianism to the administration’s executive orders targeting major law firms and maps those pillars onto three distinct firm responses: fighting back, capitulation, and quiet retreat. Situating this case study within the broader political context of Trump’s second term, this thesis finds that while the United States has …

More Than A Lawyer: Participation, Representation, And Outcomes In Los Angeles Debt Collection Court, Josephine V. Aspromonte

CMC Senior Theses

This paper estimates the effect of legal representation on case outcomes using 531,959 limited-jurisdiction debt-collection cases filed in the Los Angeles Superior Court between 2012 and 2022. Defendants are classified into three groups: those who defaulted without responding, those who responded pro se, and those who retained counsel. Because defendants are not randomly assigned to representation, three estimation strategies address selection bias: a binary logit, a multinomial logit with text-mined docket covariates, and propensity score matching on pre-treatment characteristics.Three findings emerge. First, the binary logit associates representation with a 10 to 13 percentage point reduction in default probability, but matching …

From Governed To Subjected: The Supreme Court And The Collapse Of Rule-Of-Law Adjudication, Katherine E. Schwab

CMC Senior Theses

This thesis argues that the Supreme Court is producing a structural crisis in rule-of-law adjudication through three converging mechanisms: the expanded use of the shadow docket, the cynical appropriation of precedent, and the dominance of strict originalism. Each independently undermines the conditions that distinguish legitimate governance from the mere exercise of coercive power. Together, they replace the general, stable, publicly intelligible norms the rule of law requires with the successive pronouncements of whoever currently holds interpretive power.

The thesis develops its argument in three stages. First, drawing on Antonin Scalia's account of rule-like precedent and Jeremy Waldron's layered theory of …

A New Playbook: The Procedural Resilience Of Oregon’S Rooney Rule In The Wake Of Students For Fair Admissions V. Harvard, Jada I. Cook

CMC Senior Theses

This article evaluates the constitutionality of Oregon’s codified Rooney Rule considering the Supreme Court’s decision to end affirmative action in Students for Fair Admissions (SFFA) v. Harvard. Passed in 2009, the Oregon mandate requires public universities to include at least one minority applicant in the interview process for all head coaching vacancies. By analyzing the architectural origins of the Rooney Rule within the National Football League (NFL) and the systemic racial exclusion it sought to dismantle, this research explores whether interview-stage mandates, that are applied at the state level, can survive the rigorous application of the strict scrutiny standard. …

Adequate Representation In Group Litigation, Elizabeth Chamblee Burch

Scholarly Works

This article examines the inherent tension between the legal system's desire for "global peace" (finality) and the constitutional requirement for adequate representation in collective lawsuits. While Rule 23 class actions provide structural safeguards—such as judicial oversight of counsel and settlement, and opt-out rights—alternative mechanisms like multidistrict litigation (MDL) and parens patriae suits often lack these protections . Using the In re National Prescription Opiate Litigation as a primary case study, the article illustrates how informal, "backroom" leadership selection in MDLs empowers a small circle of elite "repeat players" at the expense of marginalized groups, such as Native American tribes and …

From Privacy To The Data Economy: The Ftc’S Reframing Of Its Regulatory Priorities, Maria P. Angel

Scholarly Works

This Article argues that the Federal Trade Commission’s turn to “commercial surveillance” reflects a strategic shift away from traditional privacy frameworks toward addressing structural power dynamics in the data economy. Drawing on an analysis of 112 FTC documents, it identifies three core commitments: tackling systemic harms, adopting a political economy lens, and constraining corporate power. The Article contends that this reframing is both necessary in the AI age and should influence the future of privacy regulation in the United States, even amid efforts to limit the FTC’s authority.

State Medical Licenses Without Borders, Meighan Parker

Scholarly Works

Access to health care in the United States is undermined by a maldistribution of physicians, and state medical licensure remains a barrier to correcting this issue, despite legal reforms that attempt to streamline physician licensure pathways. Geographic distribution gaps can have serious consequences in rural areas, such as poor health outcomes, reduced access to care, and further entrenchment of health disparities.

On the bright side, physicians can potentially use telemedicine to help improve geographic distribution gaps through the provision of clinically appropriate, virtual care across state lines. But states have traditionally required physicians, even those who are currently licensed in …

The History Of Mass Incarceration And Its Implications, Evan Sevaly

CMC Senior Theses

In this thesis, I develop a model to answer four questions about US incarceration: why did incarceration increase between 1973 to 2009, why have incarceration figures experienced an overall decrease since then, and what explains their oscillation, why has the penal system consistently incarcerated marginalized groups at disproportionate rates, and why is the US an incarceration outlier compared to other industrialized countries? I split the competing explanations to these questions into four schools of thought: the perspective that neoliberalism caused mass incarceration, the perspective that surpluses in finance capital, land, population, and state capacity caused mass incarceration, the perspective that …

The Impact Of The Filibuster On The Ideological Composition Of The Judiciary, James Cullers

CMC Senior Theses

This paper examines whether the 2013 Senate filibuster reform–the so-called "nuclear option"–changed the ideological composition of federal judicial nominees and whether that change translated into different confirmation outcomes. Using ideology scores from the Database on Ideology, Money in Politics, and Elections (DIME) matched to a dataset of all federal judicial nominees from 2000 to 2024, we separate the judicial selection process into two stages: presidential nomination and Senate confirmation. At the nomination stage, we find that post-2013 nominees were approximately 71% more likely to be ideologically extreme by pre-reform standards, a large and statistically significant shift consistent with presidents responding …

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …