Digital Commons Network^™

Easing The Limits Of The Statute Of Limitations: A Path To A More Equitable Idea, Sarah Shepley

William & Mary Law Review

Part I of this Note discusses the special education framework, outlining the rights and obligations of parents and school systems created by the Individuals with Disabilities in Education Act (IDEA). Part II evaluates the IDEA’s statute of limitations as the gatekeeping instrument of the due process complaint system and discusses the Third Circuit’s reconciliation of the seemingly conflicting statutory provisions of the IDEA in G.L. v. Ligonier Valley School District Authority. Part III situates the implications of the Ligonier decision within the broader special education landscape, discussing other courts’ adoption of or deviations from the Third Circuit’s interpretation, interpretations …

Portfolio And Appendix Chris M. Larson, Chris M. Larson

Graduate Student Portfolios, Professional Papers, and Capstone Projects

Abstract:

This is a collection of assignments and reflections of my work throughout the course of the Masters in Social Work program at the University of Montana. Included are assignments reflecting on the Indian Child Welfare Act, housing, barriers to care for Non-White and female veterans within the VA clinic, the quality of care in nursing homes, American Drug policy, confidentiality in the YWCA, training on interventions based on Cognitive Behavioral Therapy, cost benefit analysis of in home care programs, and a proposal for my practicum site Missoula Aging Services. It has reflections on the five elements of advanced practice, …

Private Law Without Precedent, Danielle D’Onfro

Vanderbilt Law Review

A common-law system assumes that judges regularly issue new opinions that clarify and update the law over time. At the same time, our federal system assumes that state courts will do the bulk of judicial lawmaking, especially in private law. And, with a few exceptions, our broader legal system assumes that state private law has allocated entitlements and obligations into a coherent system. None of these assumptions has been true for a long time. This Article offers a comprehensive account of when and why these assumptions about the proper functioning of private law fail. It then uses this account to …

Defining The Field Of Law And Macroeconomics: A Framework From International Monetary Law, Nikita Aggarwal, Adam Feibelman

Articles

This Article proposes an analytical framework for defining the contours of the emerging field of law and macroeconomics drawing on the International Monetary Fund's principle of "macro-criticality." Such a framework can help steer scholarly debate toward a clearer understanding of the relationship between law and the economy and inform policymaking within that domain. In its native context, the macro-criticality principle limits the IMF's jurisdiction to policy areas that are critical for member countries' domestic and external stability. The IMF's approach distinguishes between a core set of macrocritical policies and other non-core policies that are contextually macrocritical. Over time, the IMF …

The Beginning Of Change: A Long Overdue Shift In Policy For Profound Autism, Molly Mcguinness

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Buried Burdens: Contaminated Lands And The Unfinished Business Of The Alaska Native Claims Settlement Act, Yuwen Huyan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

J Mich Dent Assoc October 2025

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 ADACommons. The October 2025 (Volume 107, No. 10) issue of the Journal is published in a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November. The October issue highlights the critical importance of advocacy through the MDA Dental Political Action Committee (PAC) and provides practical, management-focused information …

News You Need: How Many Of These Ada/Mda Practice Resources Are You Using?

The Journal of the Michigan Dental Association

This October, MDA offers updates and resources including support for human resources, ongoing education, and professional tools. Michigan was selected for the Medicaid Oral Health Workforce Implementation Learning Series to enhance access to care. The MDA launched HERM-E, an AI-powered digital assistant providing 24/7 access to resources and quick answers. Supporting chairside advocacy for community water fluoridation, the News reports that a national survey indicates 81% of Americans support or are neutral about water fluoridation. Applications are now open for the 2026 MDA LEAD Program, and nominations are being accepted for MDA awards and leadership positions. The News column further …

Dentistry And The Law: Sponsoring A Foreign National To Work As A Dentist, Kate Mccarroll Jd

The Journal of the Michigan Dental Association

To employ a foreign national as a dentist in the U.S., a valid immigration status that permits employment is necessary, usually requiring employer sponsorship. The H-1B visa is the most common option, and requires the individual to hold a bachelor's degree and a state license for patient care. H-1Bs are limited in number, with far more applicants than available visas, and selections are made through a random electronic lottery every March. Exceptions to the cap exist for foreign nationals changing employers and those sponsored by cap-exempt institutions, such as universities, allowing private practices to “borrow” this status. For Canadian or …

Mda Dental Pac: Why It’S So Important To You, James Mashni Dds

The Journal of the Michigan Dental Association

The MDA Dental PAC (Political Action Committee) supports the Michigan Dental Association’s (MDA) lobbying efforts on state legislation. It is funded entirely by voluntary contributions from MDA member dentists, mainly collected through a notice included in the annual dues statement. The PAC pools these funds to support political officials who advocate for issues important to organized dentistry, regardless of political party. Key advocacy priorities for 2025 include establishing Dental Loss Ratio laws, legislating Assignment of Benefits, regulating Virtual Credit Card Payments, addressing fees for Non-Covered Services, and increasing Medicaid Anesthesia Reimbursement. The PAC is managed by a Board of Governors …

The First Amendment & Censorship: Is This A New Era?, Cardozo Center For Rights And Justice, David Rudenstine, Olivier Sylvain

2025 Event Invitations

Professors David Rudenstine (Cardozo) and Olivier Sylvain (Fordham) will discuss censorship both historically and today, and the role that the First Amendment plays in limiting government suppression of speech. Professor Alex Reinert will moderate the discussion.

The Roberts Court Paradox, John C. P. Goldberg, Benjamin C. Zipursky

Fordham Law Review

As perhaps the most conservative Supreme Court of the past century, the Roberts Court regularly touts its commitment to traditional ideals, including the rule of law. Yet Trump v. United States seems ready to place presidents entirely or largely above the law by granting them absolute or near absolute immunity from criminal prosecutions for official conduct. And Trump is not a one-off: from judicial recusal to qualified immunity to due process decisions, the Court frequently seems to display indifference to values of accountability and impartiality that have long been thought integral to the rule of law. What is going on? …

Emotionally Unstable: Addressing Emotional Distress As A Concrete Injury In Data Breach Cases Post-Transunion, Anna P. Cox

Fordham Law Review

Data breaches and data breach litigation are exponentially on the rise. Plaintiffs whose information is stolen in a data breach often claim emotional distress for fear of future harm the data breach may cause. However, plaintiffs who bring suit in federal court must show that they have suffered an injury in fact for purposes of Article III standing before a federal court will exercise jurisdiction. The U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez requires that plaintiffs who seek money damages under a theory of risk of future harm show that they have suffered a present concrete injury to …

Fixing The Fix: The Case For Unifying The Remedial Framework Of Apa Rulemaking Challenges, Dea Devlin

Fordham Law Review

Vacatur is the default remedy for successful administrative rulemaking challenges brought under the Administrative Procedure Act (APA). Yet its broad and sweeping effects raise critical questions regarding its appropriateness as a one-size-fits-all remedy. Unlike injunctive relief, which is subject to a rigorous heightened standard, and remand without vacatur, which has a comparable standard of its own, vacatur is routinely awarded without similar scrutiny, leading to inconsistencies in the judicial application of remedies in APA challenges.

Although vacatur can provide a plaintiff with relief, its award conflicts with underlying principles of equity and proportionality. In rulemaking challenges, vacatur can create regulatory …

The Presumption Against Extraterritoriality And Wire Fraud, L. Jackson Howell Jr.

Fordham Law Review

As globalization and technology increasingly blur geographic boundaries, federal prosecutors have turned to the wire fraud statute as a powerful tool for targeting transnational misconduct. Despite its popularity in international fraud prosecution, the statute’s application to foreign conduct continues to raise unresolved and pressing questions under the presumption against extraterritoriality. Specifically, courts have struggled to identify when a domestic wire communication is sufficient to bring a largely foreign fraudulent scheme within the reach of U.S. law. With the U.S. Supreme Court silent on the wire fraud statute directly, and zigzagging in its extraterritoriality jurisprudence more generally, lower courts are split …

Is Your Data Good, Bad, Or Neutral?: Redefining Concreteness For Data Breach Harms, Jeeyoon Lim

Fordham Law Review

In recent years, the Supreme Court has tightened federal court standing requirements for intangible harms, including statutory harms. In TransUnion LLC v. Ramirez, the Court held that a mere statutory violation, absent a common-law analogue, is not sufficiently concrete to grant standing. The Court did not provide clear guidance as to how stringent the common-law analogue analysis must be, other than that it does not require an “exact duplicate.” Because of the ever-evolving nature of digital data, data breach victims attempting to enforce their statutory right to privacy in federal court have struggled to rely on tradition and history …

When The Screen Lies: Navigating Privacy And Publicity In An Ai World, Nancy M. Menagh

Fordham Law Review

A key issue of the 2023 SAG-AFTRA strike was the use of generative AI in the entertainment industry and, more specifically, the creation of uncanny digital replicas of performers being used without their knowledge or consent. Since then, concerns have only intensified around the unauthorized creation and use of digital replicas and the ease with which they can be made and disseminated online. Currently, there is a patchwork of state laws that attempt to target these issues, but they have proven ineffective against the challenges presented by digital replicas.

This Note analyzes the problems digital replicas have raised in the …

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

The Evolution Of The Second Amendment And The American Gun Violence Epidemic: A Historical Analysis Of Political Self-Sabotage, Amanda Tureaud

Senior Theses

From the conception of the Bill of Rights until the 21st century, the Second Amendment was read and understood by the American population, both ordinary citizens and government officials, branches, and agencies inclusively, to allow the nation to have an armed military but not for private citizens to own and/or carry firearms. Since 2008, however, the Second Amendment has been interpreted as an absolute freedom for private citizens to own and carry semiautomatic assault weapons in the name of personal protection. This thesis holds that the evolution of society’s attitude on guns and gun control is specifically denoted by the …

Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians, James Roberts Jr.

Senior Theses

This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through …

Legal Protections For Gig Workers: A Comparative Socio-Legal Study Of Indonesia And India, Vidisha Shekhawat, Pranjal Khare

The Indonesian Journal of Socio-Legal Studies

The platform economy has transformed the lines of labour in the last few years across both developed and developing countries. In the case of other countries, such as Indonesia and India, where informal employment has been a long-standing characteristic of the labour force, the rise of digital platforms, including Gojek, Grab, Swiggy, and Zomato, has added another layer of complexity to already existing labour issues. These services provide flexibility and earning potential, albeit in exchange for social safety nets and work rights. This paper undertakes a doctrinal and comparative socio-legal study to observe the way the legal jurisdictions of Indonesia …

Misuse Of Financial Services For The Sexual Exploitation Of Children: A Socio-Legal Study In Indonesia, Ahmad Sofian

The Indonesian Journal of Socio-Legal Studies

This paper discusses children in the online space who are entrapped in interactions across various social media applications and digital platforms and became victims of sexual exploitation practices and how this sexual exploitation is facilitated by the availability of diverse financial service providers that allow for transactions between perpetrators and victims as well as distributors and producers. In view of ongoing efforts by the Indonesian government to formulate more relevant and effective regulations for child protection, this study is crucial for our understanding of the realities of sexual exploitation in the context of children’s use of social media and may …

Common Law Notice-And-Takedown, Michael Goodyear

Articles & Chapters

Platform liability is a complex landscape under U.S. law. The immunity for users’ torts provided by Section 230 of the Communications Decency Act has understandably garnered the most attention. In addition, many intellectual property law scholars have also examined the requirements of the Digital Millennium Copyright Act (“DMCA”), which provides safe harbors for users’ copyright infringements. The DMCA enumerates a long series of requirements that online platforms must satisfy to be immunized for their users’ infringements, including a notice-and-takedown regime, a repeat infringer policy, and a prohibition on having the right and ability to control and a direct financial benefit. …

Delaware Supreme Court Clarifies Standard Of Review For Advance Notice Bylaw, Robert S. Reder, Noah Nance

Vanderbilt Law School Faculty Publications

Of the myriad corporate defenses erected during the hostile takeover boom of the mid-to-late 1980s, the one that has received the least scrutiny by the Delaware judiciary-at least until recently-is the so-called advance notice bylaw. Advance notice bylaws adopted by corporate boards of directors are "designed and function to permit orderly meetings and election contests and to provide fair warning to the corporation so that it may have sufficient time to respond to shareholder nominations." Kellner v. AIM ImmunoTech Inc., 320 A.3d 229 (Del. July 11, 2024) ("Kellner") (quoting Openwave Sys. Inc. v. Harbinger Cap. Partners Master Fund I, Ltd., …

Much Ado About Critical Race Theory, Matthew Patrick Shaw

Vanderbilt Law School Faculty Publications

This Article offers novel observation and critical intervention in the challenge to state laws which have been adopted, allegedly, to prevent the teaching of critical race theory

(CRT) in public schools. Against the trend of recent scholarship that understands these laws as curricular censorship of topical subjects and seeks to contest their validity on those grounds, this Article more accurately identifies them as pedagogical censorship: Limits on teaching methods, which raise different, potentially more dispositive questions about the states’ educational decision-making authority—questions that the U.S. Supreme Court has long sought to avoid. But exposing these so-called “anti-CRT” laws as neither …

Dual-Class Contracting--A Response To Roberto Tallarita, Brian Broughman

Vanderbilt Law School Faculty Publications

Roberto Tallarita's Dual-Class Contracting confronts a question that scholars and policymakers have largely overlooked: once a firm opts out of "one-share, one-vote," how does it determine the degree and duration of voting inequality? This is not a binary choice between single- and dual-class structures, but a continuum with infinitely many possible configurations. To investigate this question, Tallarita assembled a dataset of 293 corporate charters from dual-class IPOs completed between 1996 and 2022. Despite the wide lati- tude finms have to tailor these arrangements, he finds that most converge on strikingly similar terms-granting holders of high-vote stock majority control with just …

Ethical Sourcing In The Context Of Health Data Supply Chain Management: A Value Sensitive Design Approach, Camille Nebeker Edd, Ms, Ellen Wright Clayton, Et Al.

Vanderbilt Law School Faculty Publications

Abstract

Objective

The Bridge2AI program is establishing rules of practice for creating ethically sourced health data repositories to support the effective use of ML/AI in biomedical and behavioral research. Given the initially undefined nature of ethically sourced data, this work concurrently developed definitions and guidelines alongside repository creation, grounded in a practical, operational framework.

Materials and Methods

A Value Sensitive Design (VSD) approach was used to explore ethical tensions across stages of health data repository development. The conceptual investigation drew from supply chain management (SCM) processes to (1) identify actors who would interact with or be affected by the data …

Domestic Stability And International Trade Order, Sannoy Das

Vanderbilt Law School Faculty Publications

This Article challenges the theoretical frameworks through which we have so far apprehended the crisis of the liberal international trade and economic order, precipitated by relentless unilateral action--whether tariffs or industrial policy--especally in the United States. It argues that the conventional concerns about unilateralism overlook the ways in which unilateraism has been--and can be-- a foundation for international order rather than its antithesis. Our contemporary difficulty is that we typically understand unilateral action as a breach of an international norm. This way of thinking follows from nineteenth-century liberal internationalism. But a deeper tradition in the law of nations shows that …

How Can Policy Balance The Goals Of Transition Acceleration And Justice? Permitting Reform, Large-Scale Renewable Energy, And Host Communities In The United States, J. B. Ruhl, David J. Hess

Vanderbilt Law School Faculty Publications

Implementing energy-transition policies requires building new infrastructure, but the result is often opposition from host communities and associated actors. An important research and policy problem emerges over how to balance two goals that can be in tension: rapidly implementing energy-transition policies and addressing the needs and concerns of local communities, including diverse justice-related issues. This study adopts the perspective that the analysis of this problem benefits from opening the black box of permitting policy reform. The research contributes to the literature on siting conflicts by shifting the focus from explaining conflicts or suggesting targeted policy reforms such as improved engagement …