Digital Commons Network^™

Mengenalkan Metode Empiris, Kuantitatif, Dan Eksperimental Dalam Penelitian Hukum Tata Negara, Yunani Abiyoso

Jurnal Konstitusi & Demokrasi

Almost all constitutional law research applies the doctrinal method to analyze normative texts and legal logic. In the context of the development of constitutional law, this method has limitations in evaluating the effectiveness of legal norms in societal reality. This article proposes the need for a paradigm shift in the use of constitutional law research methods, which should not only rely on a doctrinal approach but also integrate empirical methods, to align the needs of constitutional law studies with the dynamics of the Indonesian state after 25 years of constitutional amendments. There are three alternative methods that can be integrated …

Cardozo Law News Brief: December 12, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the December 12, 2025, Cardozo Law News Brief include:

• Professor Rebecca Ingber was quoted in TIME on the legality of Trump’s alleged order for lethal boat strikes in the Caribbean, and again on his pardoning of former Honduran President Juan Orlando Hernández.

• Professor Wilfred Codrington III spoke to Reuters about the Supreme Court’s increasingly ideological pattern in overturning precedents.

• Professor Matthew Wansley spoke to The New York Times about the limitations of autonomous driving systems after a Waymo vehicle ran over a family pet.

• Professor David Rudenstine wrote an op-ed in Bloomberg Law criticizing the constitutional stakes of …

  ---

  Go to article

Technological Disruption And Regulatory Response: The Case Of Decentralised Finance, Jakub Wisła, Jolanta Bartoszewska

Journal of Banking and Financial Economics

This article examines responses to the regulatory challenges posed by decentralised finance (DeFi), a fast-evolving domain of blockchain-based financial innovation. It investigates the factors shaping divergent regulatory strategies, with a focus on the European Union’s comprehensive cryptoasset framework and selected comparative insights. Adopting a qualitative legal methodology – combining doctrinal-functional analysis, multivocal literature review, and two case studies – the authors explore how regulatory responses are influenced by three key variables: legal tradition, the financial function performed by blockchain-based solutions, and the level of technological and institutional autonomy. The case studies – Bitcoin as a payment instrument and cryptoassets as …

Shattering The Silence: The Path To Maternal Equity In Texas, Karah Renfroe

The Scholar: St. Mary's Law Review on Race and Social Justice

The Black maternal mortality crisis reflects the persistence of institutionalized racism embedded in the U.S. healthcare system. In Texas, Black women account for just 11% of births yet represent 31% of maternal deaths—a mortality rate more than twice that of their white counterparts. This staggering disparity has persisted, even as statewide initiatives have improved maternal outcomes for non-Black women. This Comment situates the current crisis within a broader historical continuum: from the coerced medical experimentation on enslaved Black women by figures such as J. Marion Sims, through the codified racism of the Jim Crow era, to present-day inequities ingrained in …

Texas Black Maternal Mortality Crisis: A Spotlight On The Texas Legislature’S Alternatives To Abortion Program, Camille Tealer-Misage

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas leads the nation in maternal mortality and morbidity which intersects with high uninsured rates, abortion bans, and legislative policies promoting medical misinformation. Texas’ legislatively codified Alternatives to Abortion Program allocates tens of millions of dollars per year to crisis pregnancy centers and non-profits with the goal of deterring women from seeking abortions. These clinics do not have to hire medical professionals or obtain licensing for the pregnancy-related services provided to clients. Crisis pregnancy centers do not have to provide accurate medical information or social services to the thousands of people who seek care in a state with increasingly limited …

The Evil Historical Twin: How The Requirement Of A Historical Analogy Could Result In Further Discrimination In The Law, Bryanna Mall

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2024, the Supreme Court decided the case of United States v. Rahimi. The Court, unpersuaded by Rahimi’s objection regarding federal law which prohibited an individual subject to a domestic violence restraining order from possessing a firearm, decided the restriction was constitutional. While the holding of this case represents a win for survivors of domestic violence, the legal reasoning plants itself of flimsy concepts of history. The Court utilized a historical analysis test and looked to precedent rooted in social customs, legislation, and court holdings. The first major issue of this test is the dueling interpretation between a historical …

International Law, Adam Chilton, Weijia Rao

Faculty Scholarship

International law has, historically, been best understood as a body of principles and rules that govern the interactions between sovereign states and regulate how sovereign states can behave outside their borders. Over time, international law has evolved to regulate a broader range of subjects than just exterritorial activities—including the treatment of citizens or migrants within a country’s borders—and to regulate a greater range of actors than just sovereign states—including private individuals, corporations, and other nonstate actors. This body of principles and rules comes from several sources, including treaties and conventions, customary international law, judicial opinions, and academic articles and treatises …

Renown Regional Med. Center V. Dist. Ct., 141 Nev. Adv. Op. 64 (December 11, 2025), Jacob Stephenson

Nevada Supreme Court Summaries

Ordinary negligence sounds in professional negligence when it is based on conduct linked to a medical relationship.

Making The Most Of Limited Time, Joshua Levine

Library Staff Online Writings

One of the biggest challenges I have encountered as an advanced legal research instructor is getting everything accomplished that I want to during a class session. The most time I have ever had to get through a class session is one hour and twenty minutes – and this includes lecturing, demonstrations, in-class exercises, and going over those exercises. In particular, it’s challenging to balance giving students enough time to complete their exercises with everything else that needs to be done.

Law School News: Passionate Changemakers: Rwu Law Students Address Rhode Island's Housing Crisis 12-11-2025, Matthew Milotakis

Life of the Law School (1993- )

No abstract provided.

The Moral Crisis Of Maternal Mortality In The Us, Jensen F. Ware

Honors Theses

This thesis argues that the US crisis of maternal mortality is not an unavoidable tragedy, but a moral and policy failure. I argue that maternal well‑being is one of the most important indicators of a society’s overall health. When mothers receive the care, respect, and support they need, it reflects the strength of healthcare systems, the culture, and our commitment to future generations. The continued loss of mothers from preventable deaths reveals a system that fails many women and their families, especially Black women, low‑income women, and those in rural communities. First, I introduce the issue of maternal mortality in …

Filling In The Gaps: How The Equal Employment Opportunity Commission Can Enhance Protections For H-1b Visa Holders, Mahi Patel

Northwestern Journal of Law & Social Policy

H-1B Specialty Occupations Visas allow numerous foreign nationals to obtain a pathway for entry into the United States through their hard-earned efforts and specialized skills. After meeting stringent requirements and completing complex processes, holders of H-1B visas may begin working in America. Unfortunately, when these individuals come to the land of opportunity, they encounter a harsh reality of employment: the incessant discriminatory abuse of H-1B visa holders by their employers. H-1B employees endure severe working conditions, long hours, unattainable deadlines, wage disparities, and racial biases as they navigate an unknown nation. Employers tend to exploit H-1B workers because these visa …

Disclosures, Disclaimers, And Disinformation Advertising, Areeb Asif

Northwestern Journal of Law & Social Policy

Every regular internet user in the United States has been exposed to fake news at some point. Most of them, if not all, would agree that this problem needs a solution. Nevertheless, even as fake news has taken on unforeseen prominence in recent years, very little concrete action has been taken to curb its impact on American society. Some scholars have chalked this up to the Supreme Court’s expansive conception of the First Amendment, which makes it incredibly challenging to regulate political speech. Others posit that the problem is Section 230, which allows platforms to profit from fake news without …

The Chutick Law Library Present: De-Stress For Success, Dr. Lillian & Dr. Rebecca Chutick Law Library, Benjamin N. Cardozo School Of Law

2025–2026 Flyers

No abstract provided.

How “Cooling Off” Periods Endanger The Vulnerable: A 50-State Study Of Mandatory Separation Periods In No-Fault Divorce, Melody Mostow

Northwestern Journal of Law & Social Policy

Mandatory separation periods in no-fault divorce neither advance their stated policy goals nor comport with contemporary understandings of marital dynamics, domestic abuse, or child welfare. Although mandatory separation periods are held out as tools to promote reconciliation and deter impulsive divorces, such rationales lack empirical support. Because family law in the United States is determined at the state level, this Article examines state laws that require couples to live apart in varying restrictive capacities before obtaining a no-fault divorce. To that end, this Article presents the first comprehensive 50-state study of such requirements. Research demonstrates that these laws do not …

Law As Performance: Sovereignty, Legal Indeterminacy, And The Chinese Private Security Industry, Alexandrya Pouliot

Theses and Dissertations

This thesis examines how the legal indeterminacy of international law facilitates state evasion of accountability through the use of private military and security companies (PMSCs) as proxies in extraterritorial operations. Focusing on China’s deployment of PSCs to safeguard Belt and Road Initiative (BRI) projects, it argues that ambiguities within the doctrines of attribution and responsibility under the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) create a permissive legal environment that enables states to outsource coercive functions without incurring formal liability. Drawing upon Hobbesian Realist theory, Carl Schmitt’s concept of the sovereign exception, and insights from Critical …

“Sport-Extortion:” Causes, Consequences, And Solutions, Jack Berger

Northwestern Journal of Law & Social Policy

The modern U.S. stadium-development model enables “sport-extortion,” a phenomenon in which franchise owners leverage artificial scarcity, antitrust carve-outs, and credible relocation threats to extract public subsidies that deliver negligible public benefits. Owners use the league’s monopoly power and superior negotiating leverage to pit cities against one another and extract public money for new stadiums or upgrades to their existing stadiums. The owners and community leaders who support using public money to finance these projects promise huge economic returns and development for their communities. However, a survey of the empirical literature and examination of recently approved stadium projects reveal that these …

Who Gets Remembered? Structural Barriers In The National Register Of Historic Places, Yuha Jung, Lauren Smith Madden

Northwestern Journal of Law & Social Policy

This article examines the systemic barriers within the National Register of Historic Places, established under the National Historic Preservation Act of 1966, that have contributed to the underrepresentation of marginalized communities in historic preservation. Despite the United States’ diverse cultural heritage, only an estimated 3% to 10% of sites listed on the National Register reflect histories associated with racial and ethnic minority groups. Through a qualitative analysis of legislative history, federal regulations, nomination processes, and governance structures, this study identifies how key criteria such as “significance” and “integrity” have reinforced exclusionary practices. These criteria consistently prioritize architectural and tangible heritage …

Bridging The Rural Justice Gap: A Scalable Solution Rooted In Clinical Legal Education, Michelle Paxton

Northwestern Journal of Law & Social Policy

The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which hinder effective advocacy for vulnerable children and families.

This article argues that clinical legal education, when paired with structured post-graduate training and multidisciplinary consultation, offers a replicable model for addressing the rural attorney shortages in juvenile court advocacy. The Nebraska Children’s Justice and Legal Advocacy Center (NCJC) illustrates how this model can be designed and scaled to …

Patent Searching With Uspto, Derwent Innovation And Lens.Org, Ibis Anette Moreno-Lozano

Day Family Research Lab Workshop Series

No abstract provided.

Reading Between The Lines: The Influence Of Financial News On Investor Decision-Making, Kalia Noble

Honors College Theses

This thesis investigates how financial media narratives shape investor sentiment and short-term market behavior. Drawing on behavioral finance and narrative economics, it examines whether the framing and tone of market news correlate with intraday volatility in the S&P 500 and Dow Jones Industrial Average. By pairing quantitative price data with contemporaneous headlines from major outlets such as Bloomberg, Yahoo! Finance, and CNBC, the study shows that emotionally charged or speculative narratives are closely associated with sharp market swings, even when fundamentals remain unchanged. These findings highlight the influence of media framing on investor decision-making and underscore the importance of financial …

Language Of The Law: Understanding The Impact Of Code-Switching Within Legal Fields Through Legal Blog Analyses, Kira A. Johnson

Honors Program Theses and Research Projects

Code-Switching is a linguistic phenomenon that can occur between different languages, cultures, or dialects. This study focuses on code-switching within the legal field, specifically through an analysis of legal blog websites. Through searching the terms, “code-switching” and “foreign language”, this study will compare legal blog websites in their coverage of the phenomenon. The various websites’ definitions of code-switching, how the topic is written with context, and what implications are suggested in the writing will be considered when crafting a comparative analysis. Individuals who communicate using different languages or dialects depending on situations and interactions are important to understand within the …

Law School News: Rwu Law Honorees Recognized With National Aals Award For Integrating Doctrine And Diversity Initiative 12-10-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

High And Dry: Evaluating Solutions To Cannabis Affiliated Business' Inability To Obtain Bankruptcy Protections, Grace E. Paul

Seton Hall Law Review

No abstract provided.

The Real Story Of Nepa Litigation In Clean Energy Permitting, Anna Mance

Seton Hall Law Review

No abstract provided.

Taking A Step Back: Revisiting Compassionate Release After The First Step Act, Robert Campbell

Seton Hall Law Review

No abstract provided.

The Second-Happiest Place On Earth: Visiting Infinite Arbitration And Moses H. Cone Through The Lens Of Piccolo V. Disney, Benjamin Cooper

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 56, No. 2 2025

Seton Hall Law Review

No abstract provided.

The Assimmigration Matrix: Dismantling Families And Assimilating The Children Left Behind, Jamie C. Cooper

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 56, No. 2 2025

Seton Hall Law Review

No abstract provided.