Digital Commons Network^™

Ritualidad, Memoria Y Cosmovisión: Ámbitos De La Tradición Sonora Entre Los Mayas Peninsulares, Juan Carrillo González

Journal of Maya Heritage

El presente trabajo se centra en esclarecer los contenidos estructurales de la tradición sonora entre los mayas peninsulares a través del análisis del pensamiento mítico y las prácticas ceremoniales. Estos elementos, al enmarcarse en un contexto de larga duración, abren asimismo la posibilidad de esclarecer la correlación entre pasado y presente de la confección instrumental especializada realizada por los artesanos indígenas peninsulares, así como la preservación de distintas convenciones de la musicalidad que han permanecido articuladas a la cosmovisión. La investigación conjuga distintos hallazgos que se desprenden de la compilación de fuentes documentales primarias, relatos provenientes de viajeros decimonónicos y …

Dyslexia: A Beginner’S Guide For Criminal Justice, Forensic Mental Health, And Legal Professionals, Jerrod Brown Ph.D., M.A., M.S., M.S., M.S., Amy Guillot, Morgan Rutkowski, Jeremiah B. Schimp, Jonathan Q. Ward, Kimberly Dodson, Shelley Mydra Dmft, Lmft, Amanda Fenrich, Joshua Kirven, Bettye Sue Hennington, Matthew Peacock, Janina Cich, Nicole Kimberley-Staeheli

Forensic Scholars Today

Dyslexia is a heritable, neurobiological learning disorder that persistently interferes with reading, spelling, and writing and is distinct from intellectual, visual, or hearing impairments. Although an estimated 15% to 20% of the general population may show symptoms of dyslexia, studies report that 41% to 62% of incarcerated individuals display dyslexia-related characteristics. This beginner’s guide introduces dyslexia for criminal justice, forensic mental health, and legal professionals. It reviews diagnostic considerations, including the distinction between dyslexia and low literacy, the varied cognitive profiles of dyslexia, and the influence of co-occurring conditions such as attention-deficit/hyperactivity disorder. The article frames the link between dyslexia …

Dicta’S Danger: The Lingering Nuisance Of Abel V. United States, Meg Penrose

University of Miami Law Review

This Article urges judges and lawyers to avoid relying on dicta when making legal claims. Dicta can cause confusion and generate incorrect legal conclusions. The most recent instance of dicta’s danger involves legal guidance on immigration arrests provided by the Department of Homeland Security’s General Counsel. Counsel erroneously relies on dicta from a 1960 Supreme Court case, Abel v. United States, in advising that law enforcement can legally enter a home armed solely with an administrative immigration arrest warrant. They cannot. The cited dicta precede binding Supreme Court precedent holding that the Fourth Amendment draws a firm line at …

Preserving Pickering, Deepa Das Acevedo

University of Miami Law Review

In the aftermath of Charlie Kirk’s assassination, the terminations of employees across dozens of industries and geopolitical environments shocked Americans into wondering whether they had workplace speech rights at all. Indeed, the promise of workplace speech freedom has been narrowing for decades—even for public employees, who enjoy more protections than private employees thanks to the Supreme Court’s landmark 1968 decision Pickering v. Board of Education.

Pickering held that the First Amendment prevents a public employer from summarily dismissing employees based on private speech regarding matters of public concern. Although Pickering’s protections have been narrowed and although they formally …

Cruel By Design: Reclaiming The Eighth Amendment From The Feasible-Alternative Requirement, Heath C. Newman

University of Miami Law Review

For more than two centuries, the Eighth Amendment’s prohibition on “cruel and unusual punishments” has stood as a safeguard against the barbarous and excessive exercise of state power. Rooted in the English Bill of Rights of 1689 and adopted by Framers who denounced torturous punishments, the Amendment was designed to protect the condemned from needless suffering. Yet, under the Supreme Court’s modern method-of-execution jurisprudence, that protection no longer turns on whether the state’s chosen method will inflict extreme pain, but on whether the prisoner can identify a feasible alternative way to die. The feasible-alternative requirement—developed in Baze v. Rees, Glossip …

Frictionless Fans, Fragmented Law: A Hybrid Approach To Regulating Stadium Biometrics, Janaye K.S. Dowers

University of Miami Law Review

The future of stadium entry may require no ticket at all, just a face. Across the United States, stadiums are increasingly replacing traditional tickets, credentials, and payment methods with biometric identification systems designed to move thousands of fans through gates and concessions with unprecedented speed. However, the law governing these systems remains far less seamless. In the absence of comprehensive federal biometric legislation, stadium operators, technology vendors, and attendees must navigate a fragmented patchwork of state and local laws that provides inconsistent protections and leaves fundamental questions of accountability unresolved.

Using stadiums as a case study for the expanding private-sector …

Resurrecting Section 3 Of The Clayton Act, Michael Swerdlow

University of Miami Law Review

Section 3 of the Clayton Act was meant to supplement the Sherman Act with a more stringent prohibition of restrictive sales practices. The Supreme Court repeatedly held that section 3’s text is unambiguous and rejects the Sherman Act’s rule of reason. Yet since the 1980s, lower courts have effectively nullified section 3 by applying rule of reason analysis, treating section 3 as superfluous to the Sherman Act. This shift, unsupported by empirical evidence, relied on Chicago and Harvard school scholarship that redefined the meaning of “competition” and argued for the unification of both statutes. This Article demonstrates that unification constitutes …

Supporting Scientific Research: State Grants And Viewpoint Discrimination – A Response To Lisa Larrimore Ouellette’S “Government Research Funding And The First Amendment, Robert C. Post

Emory Law Journal Online

No abstract provided.

Recent Case: Executive Power - The Supreme Court Relies On Historical Context To Protect The Federal Reserve's Independence In Trump V. Cook, Charles Britton

ConLawNOW

The Supreme Court in Trump v Cook carved out an exception for the Federal Reserve Bank to the unfettered right of the president to terminate administrative employees at will, a right it established the same day in Trump v. Slaughter. Rather than entirely eliminating the need for “cause,” the Court maintained the requirement in the bank context and defined it as something more than just a reason to dispose of a political adversary. The Court relied on historical and traditional support for insulating the Federal Reserve and pragmatism to protect against national economic turmoil. This Note explains how the …

Recent Case: Equal Protection - Transgender Discrimination In Women's Sports: West Virginia V B.P.J., Joey Martinez

ConLawNOW

This Recent Case Note analyzes the U.S. Supreme Court's decision in West Virginia v. B.P.J. (2026) in which the Court upheld state laws banning transgender women and girls from competing on women’s and girls’ sports teams. By holding that the state bans were justified by concerns with physical safety and fair competition, the Court rejected a claim that the bans violated the Equal Protection Clause and applied an arguably less demanding heightened scrutiny standard than its prior cases seemingly required. The Court deferred to the state legislatures on the contested questions of medical and sports science, applying a weakened “new …

Feminist Knowledge Production And Editorial Praxis: A Bibliometric And Qualitative Analysis Of The Journal Of International Women’S Studies (2014–2024), Naresh Prajapati, Rupinder Singh, Mukesh Behera

Journal of International Women's Studies

This study presents a bibliometric and editorial analysis of the Journal of International Women’s Studies (JIWS) from 2014 to 2024, examining its scholarly output, citation impact, and evolving feminist priorities. Drawing on Scopus-indexed data, we analysed 1,255 articles authored by 1,705 contributors using SciVal, Biblioshiny, VOSviewer, and Microsoft Excel. Findings indicate a 7.05% annual growth in publications and a consistent citation rate of 2.84 per article, highlighting the journal’s expanding academic engagement. Single authorship dominates at 48.7% with international co-authorship at 8.1%. The journal’s reach extends widely into the Global South, particularly to India and Indonesia. Our keyword analysis identified …

The External Reach Of Eu Labour Law: Channels Of Influence And The Case Of Vietnam, Małgorzata Grześków

Hasanuddin Law Review

This article examines how EU labour-law standards influence labour-related compliance beyond EU territory, despite the predominantly territorial character of public enforcement. It addresses the mismatch between the EU's state-centred enforcement framework and the transnational organisation of production, in which labour risks frequently arise in third-country supply chains. The aim of the article is to conceptualise ``external reach'' and to assess the main channels through which EU labour-related expectations operate outside the Union. Methodologically, the article combines doctrinal analysis with conceptual clarification and applies this framework to the case of Vietnam. It identifies three principal channels of external reach: labour provisions …

Use Of The Well-Star Model And Well-Star Graphic In Healthcare, Fidan Korkut-Owen, Zubeyde Akpakir, Dean W. Owen

Journal of Wellness

No abstract provided.

From Identity To Monetization: Governing Digital Royalty Management Through Digital Identity In Indonesia, Edmon Makarim, Brian Amy Prastyo, Nadirsyah Hosen, Hamzah Halim

Hasanuddin Law Review

Platform-economy royalty systems still rely on fragmented metadata, intermediary-controlled databases, and Digital Rights Management (DRM) systems designed mainly for access control and copyright enforcement. Inconsistent attribution, delayed payments, and limited interoperability therefore persist. This article proposes a Digital Royalty Management Model, a governance framework grounded in Digital Identity and digital trust infrastructures. Its architecture links Subject Identity, Digital Object Identity, Rights and Entitlements, Licensing and Authorization, Provenance and Usage, Royalty Entitlement and Allocation, and Payment and Remuneration. Legally, identity assurance can support verifiable coordination of rights-related relationships without substituting for substantive copyright law. Using a qualitative, normative, conceptual, comparative, and …

Materiality In Saudi Real Estate Development Contracts: Comparative Jurisprudence And Cross-Border Disputes, Abdulrahman Mohammed Alzeer

Hasanuddin Law Review

The Saudi Civil Transactions Law (CTL) contains materiality-related standards that apply at different phases of the contract life cycle as separate doctrines rather than as an overarching doctrine. Article 74 uses a counterfactual analysis of partial invalidity and severability, while Articles 95 and 107 address the characteristics or purposes of contractual performance and the consequences of non-performance. The difficulty is not a conflict between Articles 74 and 107, but the absence of a unified analytical model for assessing the significance of non-performance under provisions on performance, interpretation, defect, and remedy. This article addresses these fragmented CTL elements and contends that …

From Classroom To Courtroom: Cross-Jurisdictional Legal Protections For Teachers In Student Disciplinary Cases, Sapto Budoyo, Nadea Lathifah Nugraheni, Praditya Arcy Pratama, Mahyuddin Bin Arsat

Hasanuddin Law Review

Legal protections for teachers in student disciplinary cases are increasingly urgent. This study investigates the legal protections afforded to teachers in managing student disciplinary cases in Indonesia and Malaysia, highlighting how legislative frameworks, sociocultural influences, and institutional mechanisms shape teachers' rights and responsibilities. Using a comparative legal approach, the research analyzes statutory provisions, policy directives, and educational practices in both jurisdictions. The comparison indicates that Malaysia offers a more institutionally structured framework by defining school-level disciplinary authority and separating authorized disciplinary measures from individual teacher discretion. This framework balances educator autonomy with student rights, although gaps remain in enforcement and …

Criminal And Administrative Liability For Money Laundering In Automated Digital Insurance Brokerage: An Oman-Centred Comparative Analysis, Omar Musbih, Ghazi Ayed Alghathian

Hasanuddin Law Review

The digital transformation of Gulf insurance intermediation creates difficulties applying anti-money laundering (AML) rules where customer assessment, transaction processing, and compliance decisions are materially automated. This study examines how Omani law allocates criminal and administrative responsibility for money laundering in automated digital insurance brokerage, using Saudi Arabia and the United Arab Emirates (UAE) as functional comparators and the European Union (EU) as a supranational benchmark for preventive regulation and systems governance. A doctrinal-comparative methodology analyses AML legislation, penal provisions, electronic-insurance regulation, digital-governance instruments, and publicly accessible judicial and supervisory materials through a qualitative comparative matrix. Three interconnected gaps emerge: a …

Did Statewide School Smoking Bans Reduce Smoking Rates?, Rachana Bhatt, Peter Hinrichs

Employment Research Newsletter

No abstract provided.

The 'Canada Brand' In Africa: Human Rights And Environmental Conflict In Extractive Industries, Shin Imai, Sara Ghebremusse

All Papers

The first comprehensive report on the cumulative impacts of Canadian extractive industries in Africa. There are profiles of 23 Canadian companies, operating in 17 African countries, over a period of 30 years. The report contrasts company actions against international standards for corporate accountability in eight areas: Displacement of communities; Security and Violence: The North Mara Mine; Workers: Conscription, Conflict and Deadly Accidents, Corruption; Silencing Critiques and Suppressing Investigations; Extractive Industries in Conflict-Affected Areas; Environmental Impacts; Economic Diplomacy: Canadian Support to Extractive Industries.   The cumulative impacts are alarming. For example, JCAP found documentation of over 300,000 people being displaced by Canadian …

Pop-Culture Simulations For Negotiation And Conflict Resolution Education, Noam Ebner

DRI Press

Simulations have long been the cornerstone of experiential negotiation and conflict resolution education. This book offers a new genre of simulations: scenarios situated within the universes and narrative arcs of popular movies, books, and television series. These simulations bring  new levels of excitement, engagement, and motivation to the classroom as students practice decision-making within familiar storylines,  negotiating new twists in beloved tales, or settling conflicts between their favorite characters. Each simulation includes all of the required roleplay material as well as a full teaching note for selecting, setting up, conducting, and debriefing the exercise.

Barrie Roberts has created special versions …

Cumulative Reasonableness: A Doctrine Of The Combined Effect Of State Intrusions, Tonja Jacobi

Texas A&M Law Review

The Supreme Court has recognized that a single state action, such as forced surgery to retrieve a bullet as evidence, can be so intrusive as to be unreasonable, even when police have probable cause and a warrant. Yet, the Court permits significant intrusions into a person’s privacy and bodily integrity when the state acts in multiple steps. It permits police to, among other things: subject a person to a stop, even when that stop was driven by racial discrimination; use evidence found in a search of the person, even when the stop was illegal; arrest that person, even when the …

Moving Beyond Worker Rights To Worker Justice, Shefali Milczarek-Desai

Texas A&M Law Review

Precarious workers’ on-the-ground realities offer a startling truth often obscured by the jurisprudence of work—that worker justice is greatly circumscribed by and often lies beyond the reach of worker rights laws. This Article is the first to evaluate whether the worker rights paradigm can fulfill the goals of worker justice and, if not, to prefigure what might.

The worker rights paradigm emerged from a quest for worker justice that has been transmuted by work law and the political economy into a workers-as-rights-holders status requiring robust enforcement of worker rights laws. This Article introduces the concept of empirical critical work law …

Energy Data Justice, Heather E. Payne, Joel B. Eisen

Texas A&M Law Review

As the energy system becomes increasingly data-driven, this Article proposes a new framework for treating access to and governance of that data—energy data justice—that synthesizes the insights of two rapidly developing bodies of scholarship: energy justice and data justice. In our view, energy data justice examines not only how data is used to shape outcomes within the energy system but also focuses on the power dynamics relating to the collection and use of energy-related data. Similarly to how scholars have advocated for curbing Big Tech’s most pernicious data practices, we argue for treating energy data not simply as a technical …

Incidental Jurisdiction, Mark Moller

Texas A&M Law Review

Federal courts have incidental, or implied, powers. On this, there is general agreement among originalist researchers. But there is also wide consensus that, whatever incidental powers Article III courts enjoy, these powers do not include incidental subject matter jurisdiction. Article III must confer federal subject matter jurisdiction expressly.

The conventional wisdom against incidental jurisdiction, though, is entirely unexamined. It is also wrong as an original matter. This Article presents new evidence that the express terms of Article III did not cash out the scope of federal subject matter jurisdiction. The outer boundaries of subject matter jurisdiction were defined, instead, by …

Business Court Best Practices: Constructive Thoughts On The Challenging Work Of Effective Commercial And Corporate Law Adjudication, Leo E. Strine, Jr.

Texas A&M Law Review

A market-based economy governed by the rule of law constitutes part of our traditional freedom as Americans. And that economy’s fair and efficient functioning is important to the economic opportunities and security of all Americans. To aid in that important end, during the last two generations, many American states have attempted, by various means, to create judicial forums, often termed “business courts,” for the efficient and fair resolution of business disputes. Many of these business court initiatives have drawn inspiration from the success of the Delaware Court of Chancery and the Delaware Supreme Court in resolving corporate and commercial disputes …

The U.S. Tax Paradox, Doron Narotzki, Tamir Shanan, Reuven S. Avi-Yonah

Texas A&M Law Review

The U.S. federal tax system is a paradox. It rejects one of the most effective and widely used federal revenue tools while embracing one of the most inefficient and economically harmful taxes. U.S. policymakers dismiss proven solutions as politically unfeasible yet rely on a system that disproportionately burdens consumers and disrupts trade both domestically and internationally. This contradiction is not just irrational. It undermines the very principles of sound tax policy and economic stability.

This Article traces the historical roots of this paradox, from early American tax revolts to modern trade policies, exposing the irony of a nation that once …

Rethinking Remittitur In Texas Law, David M. Gunn

Texas A&M Law Review

The Texas appellate rules say next to nothing about remittitur. About as far as they go is to state in Rule 46.3 that a court of appeals “may suggest a remittitur.” The text and history of this provision might raise more questions than they answer. Nineteenth-century courts across the country began resorting to remittitur, but they spent little time explaining remittitur’s origins. Texas courts followed a similar path, until an 1893 statute expressly told the courts what to do in instances of excessive damages: they had a “duty” to “indicate” to the damage claimant the amount of the excess, with …

Judicial Independence As A Constitutional Construction, Keith E. Whittington

Texas A&M Law Review

An independent judiciary, in the American context, might best be understood as a constitutional construction. That is, it is a politically constructed set of practices, institutions, and norms that extend, but do not contradict, the legal requirements of the formal constitution. As such, judicial independence has come to occupy a fundamental status within our inherited constitutional order. But importantly, it is mutable. Our inherited practice of judicial independence has been built up and fought over across time, and within the contours of the written constitution, can be significantly reconstructed.

The example of judicial independence can serve as a useful illustration …

The Price Of Texas Values: Texas S.B. 22 And Content-Based Film Incentives, Juliana (Ani) Tookoian

Texas A&M Law Review

In 2025, the Texas Legislature enacted Senate Bill 22, committing $1.5 billion to expand the Texas Moving Image Industry Incentive Program and attract film and television production to the state. While the law aims to stimulate economic growth and job creation, it conditions eligibility for financial incentives on vague and subjective standards requiring productions to avoid portraying Texas negatively and to promote “Texas values.” This Comment argues that these content-based restrictions undermine the program’s economic objectives and raise significant First Amendment concerns. By granting state officials broad discretion to evaluate expressive content, the statute risks viewpoint discrimination and the chilling …

Multistate Litigation Networks, Elysa M. Dishman, Kristina Bishop

Texas A&M Law Review

State lawsuits challenging executive orders and agency regulations not only disrupt executive policymaking but also reshape constitutional structures. States sue the federal government in highly coordinated multistate coalitions led by state attorneys general. These state coalitions target federal agencies and officials in strategically selected courts seeking sweeping injunctions to block executive actions. Following the Supreme Court’s opinion curtailing universal injunctions for private litigants without class certification, states are uniquely poised to obtain broad injunctive relief against the federal government. This Article theorizes that multistate litigation involves a series of network relationships among state plaintiffs, federal defendants, and federal courts and …