Digital Commons Network^™

The Growing Divide: The Video Privacy Protection Act’S Inconsistent Subscriber Standard And The Need For Reform, Andrea Pacheco

American University Business Law Review

The Video Privacy Protection Act of 1988 (“VPPA”) has been brought into the twenty-first century due to a series of class action lawsuits surrounding consumer privacy rights in an increasingly digital world. A circuit split has emerged among the federal appellate courts on the meaning of the word “subscriber” under the VPPA and whether the statute’s protections should extend to casual users of goods and services provided by videotape service providers. The outcome of this debate carries significant implications for consumer privacy and business compliance obligations due to the escalation of business practices involving the collection of consumer data and …

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

Public Facing, Privately Shielded: The Employment Gap Created By Title Vii’S Private Club Exemption, Ansley Salmon

American University Business Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination by employers but exempts “bona fide private membership clubs” that are tax-exempt under Internal Revenue Code Section 501(c). Despite this seemingly clear statutory language, there is a notable lack of appellate decisions interpreting this exemption under Title VII. This scarcity of precedent has led to inconsistent approaches across circuits. For example, the Fifth Circuit has drawn heavily from the Private Club Exemption under Title II of the Civil Rights Act while the Seventh Circuit has treated the two exemptions as entirely distinct. This Comment argues that the Title …

The Tech-Nuclear Renaissance: A New Critical Juncture For American Nuclear Energy Policy, Henry P. Otte

CMC Senior Theses

Nuclear energy has re-emerged as a central priority in American energy policy. This thesis examines the Trump administration’s efforts to support nuclear energy development and plant restarts, and asks whether today’s nuclear renaissance represents a critical juncture for nuclear energy policy. By analyzing American, French, and Swedish nuclear energy history, this thesis applies a three-variable analytical framework, state autonomy and administrative structure, political permeability, and crisis influence, to identify the institutional conditions necessary for durable policy change and evaluate the structural characteristics of this new environment. The central finding is that today’s push is distinct from prior attempts at expansion, …

In The Beginning There Was Positive Law: Section 25, Calder V. Bull, And Constitutional Continuity, Kevin C. Walsh

Scholarly Articles

From the beginning of its operation as fundamental law for the government of the United States, the Constitution has continually operated as supreme and judicially enforceable positive law. This is the principal claim I offer as an “original-law originalist” in response to contrary claims advanced by Professor Jonathan Gienapp in Against Constitutional Originalism: A Historical Critique. Gienapp argues in Against Constitutional Originalism that “[h]istoricizing the original Constitution . . . poses a foundational challenge to originalism as it has long been conceived.”2 Constitutional originalism depends on perceived continuity with the past. But the perception of constitutional continuity turns out to …

Laudato Si' And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia

Scholarly Articles

In 2015, Pope Francis’s widely anticipated encyclical, Laudato Si’: On Care for Our Common Home, was released. It was a wide-ranging commentary on the state of the world, with much to say to economists, ecologists, farmers, theologians, educators, architects, artists, and pastors. It may, however, have been of particular interest to lawyers eager to see what Pope Francis had to say about law’s particular role. 

On this question, Laudato Si’ painted an inconsistent portrait of law’s suitability to this task. Pope Francis spoke passionately about the need for law at all levels to tackle the complexities of caring for our …

Qui Tam Relators As Article Iv Officials, Chad Squitieri

Scholarly Articles

Since the earliest days of the republic, Congress has empowered private plaintiffs—called qui tam relators—to bring claims in court on behalf of the United States. Today, qui tam litigation accounts for billions of dollars in judgments and settlements each year. But despite qui tam’s modern significance and historical pedigree, its constitutionality has recently been questioned. To wit, several sitting Supreme Court Justices have suggested that qui tam violates the President’s Article II authority because it empowers private relators—who are neither appointed nor supervised by the President—to enforce federal law. Following similar logic, a lower federal court recently ruled a prominent …

Strict Scrutiny And The Viewpoint Continuum, A.G. Harmon

Scholarly Articles

Consider the following instances: A cell phone photograph picturing a man's left kneecap. A statement that the speaker thinks, "The name Josiah is really cool." A woman who runs her bicycle over a business owner in order to gain celebrity and increase attention for her new podcast. An intentional lie told to acquire a job. A student who insists on answering his math exam questions in runic symbols.

At one point or another, American courts have considered the merits found in favor of instances similar to these and other like circumstances as amounting to "viewpoints." As such, they …

Aba Approval Ua Law, 1926 Certificate Collection, University Of Alabama School Of Law

Manuscript Collections

No abstract provided.

Law School Historical Materials Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains news clippings, articles, reports, emails, and published materials containing information on the history of the University of Alabama School of Law.

Samuel Anthony Rumore, Jr. Collection, University Of Alabama School Of Law

Manuscript Collections

The Samuel Anthony Rumore Collection consists of research materials and drafts of Rumore's project "Building Alabama Courthouses," photographs of Alabama county courthouses and federal buildings, materials from Rumore's tenure as president of the Library School Association, and correspondence with UA's School of Library and Information Studies.

Law Center Architectural Drawings Collection, University Of Alabama School Of Law

Manuscript Collections

The Law Center Architectural Drawings Collection consists of site plans, main building plans, and detailed interior plans of the University of Alabama Law Center furnished by Charles R. Ralston, Architect. The primary architects for the project were: Edward Durell Stone and Associates, New York; and Pearson Tittle, Narrows and Associates, Montgomery, Alabama. Additionally, there is 1 cubic foot of architectural drawings for the John C. Payne Special Collections Reading Room by Birchfield, Penuel and Associates.

Law Center Materials Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Law Center Materials Collection mainly consists of printed and physical ephemera from the building phase and opening of the University of Alabama Law Center in the 1970s.

Alabama Criminal Code Development Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Criminal Code Development Collection contains copies of the Criminal Code of Alabama, original drafts and edits, and email correspondence and meeting notes regarding creation.

Treatment Of Assignment Of Rents In Bankruptcy Under New York Law, James Agoglia

Bankruptcy Research Library

(Excerpt)

Assignments of rents are a common feature of commercial real estate financing in New York. In connection with a mortgage or other secured loan, a borrower that owns income-producing property typically grants the lender an assignment of rents as additional security, entitling the lender to rental income generated by leases at the property upon the borrower’s default. These assignments are intended to protect the lender’s interest by providing an alternative source of repayment and by limiting the borrower’s ability to divert rental income during periods of financial distress.

Disputes concerning assignments of rents often arise when a borrower defaults …

Priority Of Warn Act Claims In Bankruptcy And Rights Of Independent Contractors, Colin Hanlon

Bankruptcy Research Library

(Excerpt)

The Bankruptcy Code establishes a tiered priority system for the payment of unsecured claims, governing the order of distribution when there are insufficient assets to pay all creditors in full. The priority system is fundamental to the operation of the Bankruptcy Code because in most bankruptcy cases, the debtor lacks adequate assets to fully pay all creditors. The Bankruptcy Code grants fourth-level priority up to $17,150 per individual for “wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual.” To receive priority treatment, wages must be earned within 180 days before either the petition …

What Constitution? The Dual State Theory In Immigration Law & Practice, Elizabeth Keyes

All Faculty Scholarship

Immigration law in the second Trump Administration has created profound disorientation and dissonance, where some legal matters proceed in largely familiar ways, and others seem to occur in an entirely new dimension. This Article avails itself of Ernst Fraenkel’s Dual State theory to examine this dissonance. It argues that a duality exists in U.S. immigration law today between the federal courts and the administrative immigration system. In Fraenkel’s terms, constitutional challenges to immigration policies and individual habeas cases demonstrate important features of the Normative State, one that is consistent with the Rule of Law. By contrast, the administrative system—comprising the …

Dental Professionalism In A Changing World: Challenges & Opportunities, Robert P. Iovino, Dds, Ma Dds, Ma

Journal of the American College of Dentists

This manuscript examines the erosion of traditional dental professionalism amid rising educational costs, declining membership in professional associations, and the growing influence of corporate ownership and private equity in dentistry. Drawing perspectives from economics, sociology, philosophy, law, and ethics, it traces the historical development of professional licensure and its role in safeguarding clinical autonomy, ethical integrity, and public trust. The analysis highlights how deregulation and profit-driven practice models challenge the profession’s social contract. The manuscript argues that preserving strong civic institutions, restrictive licensure standards, and humanities-informed education is essential to sustaining dentistry as a learned profession rather than a commodified …

Machine Learning Prediction Of Federal Appellate Court Outcomes: A Multi-Circuit Analysis With Administrative Law Implications, Nicky Nuertey Apenahier

Dissertations and Theses

Federal appellate courts are the final arbiters in many cases, yet systematic machine learning analysis across all twelve circuits remains largely absent from the computational law literature. With courts of appeals deciding tens of thousands of cases annually and the Supreme Court reviewing only a fraction, understanding what predicts reversal outcomes has both theoretical importance and practical consequences for litigants, attorneys, and judicial administrators. This study addresses that gap using eleven years of federal appellate decisions from the Federal Judicial Center’s Integrated Database. A systematic comparison of twenty-five machine learning models, spanning five algorithms and five class-imbalance correction strategies, identifies …

Dampak Peraturan Daerah Terkait Kesehatan Terhadap Prevalensi Stunting Tingkat Kabupaten/Kota Di Indonesia, Cakra Yudi Putra, Teguh Dartanto

Jurnal Ekonomi dan Pembangunan Indonesia

Stunting remains a major public health challenge in Indonesia with long-term impacts on health, cognition, and productivity. This study examines whether health-related regional regulations (Peraturan Daerah or Perda) reduce stunting prevalence across 338 districts/municipalities in 2007 and 2013. Using Difference-in-Differences (DiD) and DiD with Propensity Score Matching (DiD-PSM) on secondary data from Riskesdas, Statistics Indonesia (BPS), and the Legal Documentation and Information Network (JDIH), we find no statistically significant causal effect of cumulative health Perda on stunting reduction, although OLS shows a negative association. Sanitation significantly reduces stunting in eastern Indonesia. Findings highlight the need for evidence-based, multisectoral, measurable, implementable, …

Inside, Outside, And In Between: Black Homeplace As A Blueprint For Privacy Law, Nina-Simone Edwards

Library Scholarship

This essay reimagines the meaning of home and privacy for Black Americans by interrogating the legal and technological systems that routinely collapse the sanctity of the homeplace. Using the no-knock warrant as a central case study, this essay illustrates how state-sanctioned intrusions transform a space of rest, memory, and self-making into a site of violence. Although Fourth Amendment doctrine purports to guard against unreasonable searches, its prevailing binary framework–distinguishing only between “inside” and “outside” the home–renders Black domestic spaces uniquely vulnerable. Drawing from Critical Race Theory, particularly its social construction thesis, this essay shows how race, law, and technology co-produce …

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …

Analyzing An Ai Summary Of An Executive Order, Natalie D. Ebolum

Open Educational Resources

This assignment asks students to critically analyze the Executive Order on Incarceration in Private Prisons by producing an independent summary of its intent, purpose, and implementation, along with best-practice recommendations for improving its effectiveness. Students then use the Grammarly AI Summary Tool to generate an alternative summary and compare it with their own analysis. Through structured self-assessment and revision, students evaluate differences in interpretation, identify gaps or insights, and reflect on the strengths and limitations of AI-assisted analysis. The assignment emphasizes critical policy analysis, ethical use of AI tools, and student-centered judgment.

An Insidious Interstice: Understanding Cognition And Language Behaviour Through The Eyes Of Juvenile Justice Professionals, Anne M. Perrotti, Allison T. Chappell, Tancy Vandecar-Burdin

Human Movement Studies & Special Education Faculty Publications

Introduction

Despite evidence suggesting language and cognition deficits are prevalent for justice involved youth, little research explores how juvenile justice personnel experience language and cognition behaviours in the youth they serve.

Aims

This qualitative study explored how juvenile justice personnel understand language and cognition skills and deficits in justice involved youth.

Methods

Twenty-two U.S. juvenile justice professionals participated in individual, semi-structured interviews. Questions focused on individual understanding of receptive language, expressive language, social communication, and cognition (i.e., problem-solving, predicting consequences and impulsiveness) in juveniles served. Using a phenomenological lens, transcripts were coded identifying themes and sub-themes of participant responses.

Results …

Ensuring Rich Rigor Of Qualitative Methodologies In Behavior Analytic Research, Daria K. Lorio-Barsten, Selena J. Layden

Human Movement Studies & Special Education Faculty Publications

Quantitative methods remain the hallmark of research in applied behavior analysis. Yet, such methods frequently fail to capture the nuances of context where behavior analysis is practiced. Therefore, qualitative methods can provide complementary means to gain deeper insight into changes in socially significant behavior. We believe that researchers within the field of behavior analysis have much to gain from embracing qualitative methodologies. We propose that more researchers can and should consider conducting rigorous qualitative research to elevate the voices of the participants and relate the depth and complexities of their nuanced experiences. This article discusses Tracy’s “big tent” quality criteria …

Home Rule, Dillon’S Rule, And The Legal Shape Of Local Governance, Bradon J. Rothschild

National Policy Consensus Center Publications

Public policy in common law democracies such as the United States is dictated by many factors, which you might call streams or strands. While on the one hand the vox populi may insist on a certain action, governing coalitions of political leaders may deign another direction, or policy researchers may conclude a third option is better yet. All such options, however, are constrained by the legal parameters of governance as defined by constitutional, statutory, and case (jurisprudence, or stare decisis) law. Where these streams meet, public policy actions which are popularly supported, politically advantageous, technically effective, and (importantly) legal may …

Excluded At The Root: Health Insurance Discrimination Against Hair Loss Conditions, Stacey A. Tovino, Tracy Hresko Pearl

Faculty Articles

No abstract provided.

The Unconstitutional Attempt To Criminalize Naming Ice Agents, Noah C. Chauvin

Faculty Articles

Some members of Congress propose to make it a crime to publish the name of a federal official with the intent of obstructing that official’s law or immigration enforcement duties. This Essay considers whether the lawmakers’ bill, the Protecting Law Enforcement from Doxxing Act, is consistent with the First Amendment. It is not.

Sanctioning Lawyer-Criminals, John J. Lee

Faculty Articles

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …

Marital Status And Human Rights, Jessica Tueller

Faculty Articles

Although human rights law has established a clear prohibition on discrimination based on marital status, this prohibition is vastly underutilized. This Article argues that increased attention to human rights law's prohibition on marital status discrimination, accompanied by clearer, more consistent, and more robust analysis of this phenomenon, is needed to ensure that everyone whether they choose to remain unmarried or to marry, whether they file for divorce or are widowed-continues to have and enjoy the same human rights and fundamental freedoms as any other person throughout their lifetime. This Article specifically recommends a focus on harmful marital status stereotypes that …