Digital Commons Network^™

Editorial : Rethinking Public Policies And Management Practices Through The Lens Of Inclusion And Social Innovation, Fatima Zahra Alami, Adil Cherkaoui, Abdellatif Komat, Raja Temnati

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This editorial introduces a special issue of the Moroccan Journal of Law, Economics and Management (REMADEG) devoted to selected contributions from the international conference “Rethinking Public Policies and Management Practices through the Lens of Inclusion and Social Innovation”, held on 13–14 February 2026 at the Faculty of Legal, Economic and Social Sciences of Ain Chock, Hassan II University of Casablanca. It presents the scientific context of the issue, the rigorous double-blind review process, and the main themes addressed by the eleven selected articles, including financial inclusion, social responsibility, public policy, social entrepreneurship, governance, territorial development and the inclusion of vulnerable …

The Impact Of International Organizations On The Development And Enforcement Of International Humanitarian Law, Mubeen Majid Jaber

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The struggle for survival and human dignity continues in Syria, Yemen, and Ukraine amid ongoing armed conflicts, while international organizations seek to uphold International Humanitarian Law (IHL). In many instances, the enforcement of humanitarian law falls short of established standards. Organizations such as the United Nations (UN), the International Committee of the Red Cross (ICRC), and the International Criminal Court (ICC) play vital roles in promoting and implementing humanitarian principles and protecting human rights. However, their effectiveness often depends on political cooperation and the existence of conditions conducive to peace. This study examines selected case studies to evaluate how political …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford Villa

Faculty Scholarship

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Review Of Gautam Bhatia’S The Indian Constitution: A Conversation With Power, Aishwarya Singh

National Law School of India Review

.

From Chainsaws To Courtrooms: Corporate Climate Litigation And Deforestation In Brazil, Maria Antonia Tigre, Mariana Barbosa Cirne

Sabin Center for Climate Change Law

Corporate climate litigation has emerged as one of the most dynamic and high profile tools for addressing the private sector’s role in the climate crisis. While much of the scholarship and public debate has centered on cases in the United States and Europe, litigation targeting corporations in the Global South — particularly Brazil — has grown rapidly, both in volume and significance. Brazil now ranks among the world’s top jurisdictions for corporate climate damage claims. These suits have pioneered methods for quantifying climate damages, often from illegal deforestation, and have tested the reach of the civil liability regime in novel …

Nevada Legal History: Trailblazing Nevada African American Attorneys, Bryan K. Scott

External Articles & Tributes

No abstract provided.

The Risk-Assessment Case For Worldwide Public Health Regulation Of The Concussion Crisis In Sports, Marcus Moore, Charles H. Tator

All Faculty Publications

The support of the medical profession was indispensable in the USA and Canada to enacting legislation addressing public health issues such as drunk driving, smoking, and bicycle helmets. The sports concussion crisis is a major public health concern in Canada and in many other countries.

Made In America, Hidden By Ai: Ai Shopping Chatbots Reveal How Amazon And Walmart Hurt American Manufacturers And Deceive Shoppers, Erie Meyer, Zachary Harris

Center for Law and the Economy

This article investigates the capabilities of two AI shopping agents — Alexa for Shopping and Sparky, operated by Amazon and Walmart respectively — to identify country of origin for products on their respective platforms and flag potential “Made in USA” misrepresentations — where products with “Made in USA” in their title or listing have another country or “imported” listed as their country of origin. This article finds that (1) Amazon and Walmart have the technical capability to detect and flag “Made in USA” fraud; (2) “Made in USA” fraud appears to be common on both Amazon and Walmart; (3) Amazon …

Information For Submitting Articles To Law Reviews & Journals, Allen Rostron, Nancy Levit

Faculty Works

The following are two charts useful for the law review/journal article submission process. The first chart contains information gathered from the journals' websites about the following topics: Methods for submitting an article (such as by e-mail, Scholastica, or regular mail); any special formatting requirements; how to request an expedited review; and how to withdraw an article after it has been accepted for publication elsewhere. Where it is announced, the chart includes whether a journal accepts submissions by students from other law schools.

Are You Smarter Than A 1l?, Jennifer L. Dubetz

Law Faculty Scholarship

Do you ever wonder “what in the library is obvious to law students but not to me and conversely, what is obvious to me but not to law students?”

I decided to find out by sitting in on some of the 1L Introduction to Legal Research classes.

This turned out to be a valuable experience in which I increased my ability to use the library’s print and digital offerings, learned how class formats and technology have changed in the years since I was a student, and I developed a good understanding of what a research plan and log are and …

Interim Measures In International Commercial Arbitration: Revisiting Enforceability, Sophia Kubo

Michigan Journal of International Law

Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, …

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Institutionalizing The Trade-Labor Nexus, Yueming Yan

Michigan Journal of International Law

While scholars have extensively explored the evolution of labor provisions in trade agreements, less attention has been paid to the institutional mechanisms that operationalize these provisions. This article addresses this gap by offering a comparative analysis of labor compliance models that are emerging across jurisdictions.

Recognizing that no institutional design is without trade-offs, this article applies the theory of comparative institutional analysis to evaluate existing models—not by asking whether they are (in)effective in the abstract, but: (in)effective compared to what? Specifically, it examines the strengths and limitations of various institutional mechanisms using benchmarks that matter to policymakers, including procedural efficiency, …

Active Limited Partners Flunk Functional Test, Karen Burke

UF Law Faculty Publications

In 1977, Congress enacted section 1402(a)(13), which exempts limited partners "as such" from self-employment tax on their share of partnership income. A half century later, active investment management professionals have claimed limited partner status to avoid self-employment tax on investment management fees, seemingly standing this anti-abuse rule on its head. While the Treasury twice issued proposed regulations to clarify and modernize the definition of a limited partner, these attempts encountered a firestorm of protest. The Tax Court's controversial Soroban decision rejected claims that state-law limited partners are automatically exempt from self-employment tax, holding that a functional analysis is required to …

A Language Model’S Capability To Make Reasoned Decisions In Administrative Law, Robert Diab

Dalhousie Law Journal

This paper calls into question a common set of assumptions about the use of artificial intelligence in administrative law in Canada. While some assume that AI (AI) may be useful for assisting a decision-maker where core rights are affected, the prevailing view is that it cannot be relied upon to make final decisions, due mainly to functional limitations: AI cannot give reasons and its outcomes are fraught with bias and opacity that cannot be overcome. The prevailing view, however, took shape in response to earlier, more limited forms of AI. Large language models can be used in a way that …

Aboriginal Title In Former French Colonies: Reaching Back Before The Assertion Of French Sovereignty, Ghislain Otis

Dalhousie Law Journal

A substantial part of Canada was colonized by France well before the British arrival in the mid-eighteenth century. This article examines the effect of the assertion of French sovereignty on the Aboriginal title regime recognized under British-Canadian law.

In Part I, the author identifies a trend in the jurisprudence whereby courts assess the Indigenous territorial situation existing at the time of the British assertion of sovereignty, rather than at the time of French sovereignty, for the purpose of applying the exclusive control criterion underlying the recognition of Aboriginal title. The author then demonstrates that this approach creates significant difficulties for …

A Qualitative Study Of Key “Regulatory” Factors Influencing Patient Access To Medical Assistance In Dying In Canada, Ruthie Jeanneret, Eliana Close, Jocelyn Downie, Ben P. White

Dalhousie Law Journal

Medical assistance in dying (“MAiD”) was legalized federally in Canada after the landmark case, Carter v Canada (AG), 2015 SCC 5. Bill C-14 introduced a federal legislative framework for MAiD in 2016, which was amended by Bill C-7 in 2021. Some Bill C-7 amendments directly responded to the decision in Truchon c Canada (PG), 2019 QCCS 3792. Other amendments responded to several factors identified as barriers to patient access, including the requirement for two independent witnesses, the 10-day reflection period, and the requirement to provide final consent at the time of administration of MAiD medication. However, emerging literature identifies that …

Privacy, Paternalism, And Standing In Health Professions Regulation, Anthony Sangiuliano

Dalhousie Law Journal

When investigating whether a doctor has behaved unethically while treating a patient, professional regulatory colleges may search patients’ confidential medical records without patients’ consent. I argue that this practice is not paternalistic, nor does it usurp patients’ standing to decide for themselves whether to sacrifice their privacy to hold the doctor to account for professional wrongdoing. College investigations that non-consensually invade patient privacy do not express disrespect for patients’ agency because they aim to mitigate harm to the broader public. Unlike criminal prosecutions of doctors which uphold moral values pervading the public at large, college investigations enforce ethical standards within …

An Exploratory Analysis Of Neurocognitive Performance And Posttraumatic Stress Disorder (Ptsd) Among Latinx Asylum Seekers, Elsie A. Arias

Doctoral Dissertations

Asylum seekers are exposed to violence and traumatic events in their home countries at high rates, leading to mental health challenges such as posttraumatic stress disorder (PTSD). PTSD symptoms and comorbidities such as depression and alcohol misuse are associated with impacts to multiple domains of cognitive functioning among populations such as Veterans. However, the neurocognitive performance of Latinx asylum seekers who experience PTSD symptoms are under-documented in the current literature despite its meaningful impact on clinical care engagement and navigation of the legal process. This study utilized an exploratory, quantitative, cross-sectional design to examine whether higher levels of self-reported PTSD, …

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Procedural Drift: How Judicial Restraint Enables Legalized Backsliding, Dessie Otachliska

Washington and Lee Law Review

This Article introduces Procedural Drift, a new theory of constitutional erosion in which legality itself enables democratic decline. Legal forms remain intact, but their constraining force quietly recedes as procedural doctrines withdraw courts from sites of contestation. Executive power expands not by defying law, but by strategically complying with it—exploiting judicial restraint to evade review.

Building on Bruce Ackerman’s theory of constitutional moments and Kim Lane Scheppele’s concept of autocratic legalism, this Article develops a U.S.-specific account of democratic backsliding that is lawful, gradual, and institutionally embedded. It traces how judicial restraint—operating amid partisan alignment and epistemic fragmentation—erodes legal checks …

Reimagining International Investment Law For The Age Of Minerals, Taylor Nchako

Washington and Lee Law Review

New technologies––from artificial intelligence (AI) and electric vehicles to medical devices and consumer electronics––demand an ever-increasing amount of minerals like lithium, cobalt, and copper. The United States requires these aptly named “critical” minerals to develop AI infrastructure, advance the clean energy transition, and remain economically competitive. As technology continues to advance at an astonishing pace, the U.S. has grown increasingly interested in securing critical minerals from sources in Africa. To obtain critical minerals, the U.S. must utilize investment treaties in its business dealings with African countries. At the same time, international investment law has garnered increased attention due to a …

Fur, Feathers, And Frameworks: The Federal Legal Landscape Of Animal Welfare In The United States And Switzerland, Michael Melch

Washington and Lee Law Review

The United States relies on a predominantly utilitarian, welfarist framework that regulates certain uses of animals while preserving their status as property. Switzerland embeds the concept of animal dignity in its constitutional and statutory law, formally recognizing animals as beings with intrinsic worth. This foundational divergence produces significant doctrinal and practical differences, including the breadth of species covered, the structure of legal obligations, and the normative goals of regulation.

This Note provides a comparative analysis of animal welfare laws in the United States and Switzerland, exploring their philosophical, legal, and practical dimensions. It examines the U.S.’s utilitarian approach, exemplified by …

Litigating The Youth Mental Health Crisis: Mechanisms To Regulate Addictive Social Media Design, Talia Elliott

Washington and Lee Law Review

While social media offers real benefits to users, such as providing access to information and facilitating the free exchange of ideas, excessive social media use is associated with increases in anxiety, depression, and other serious mental-health harms. Social media platforms are designed to maximize profit by capturing user attention, resulting in interfaces that are dangerously addictive and prone to exposing users to harmful content. Currently, social media users alone bear the burden of navigating the dangers of social media. This is untenable. Young users, whose less developed brains leave them more vulnerable to addictive design features, find self-regulation especially challenging. …

Agri‑Photovoltaics In Poland’S Energy Transition – Untapped Potential?, Marcin Gronowski

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Objective: The aim of this study is to identify and assess the legal barriers hindering the implementation of agrovoltaics as a technology that enables the dual use of agricultural land for electricity generation whilst maintaining agricultural production, and thereby to identify the legislative changes required to unlock its transformative potential. The objective set takes into account the feasibility of implementing energy policy in the area of photovoltaic development, whilst balancing the need to protect agricultural land and the principle of sustainable development.

Methodology: The analysis was conducted using dogmatic and legal‑theoretical methods for the interpretation of legal norms, as well …

Pragmatic Conceptualism, Public Nuisance, And The American Opioid Litigation, Benjamin C. Zipursky

Washington and Lee Law Review

Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the twentieth century. The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars of settlements. There is a plausible argument, however, that the doctrinal core of the opioid litigation is meritless because there simply is no “interference with public right” as required by public nuisance law. The first aim of this Article is to articulate and assess that argument. …

Equality Before Tax Law, Charles Delmotte

Washington and Lee Law Review

The income tax code is riddled with exceptions—exclusions, rate preferences, and deductions—that reduce tax burdens for dominant majorities and powerful interest groups. These carveouts now amount to an astonishing $1.9 trillion, equivalent to 75 percent of all federal income tax revenue. By granting policymakers discretion to allocate tax exceptions, the tax system not only invites capture but also the weaponization of taxation against disfavored economic and political groups. Yet despite the central role of these exceptions, tax scholars have not articulated a principle requiring taxation according to general rules.

This Article bridges philosophy with insights from political economy to reveal …

Universal Injunctions And The Executive-Judicial Relationship In America, Jeremy Kang

Senior Honors Theses

This thesis examines a specific type of legal controversy surrounding the Trump administration’s dealings with the judicial branch. Central to the matter is the concept of universal injunctions: how a federal court can enjoin even non-parties to a case from behaving in certain ways.

The history of universal injunctions, from pre-Enlightenment England to modern America, is initially discussed. Then special attention is given to their use against President Donald Trump in particular, culminating in the Supreme Court curtailing them, and district court judges ignoring the high court’s ruling. Finally, previous examples of conflict between the American executive and judicial branches …

Mapping Minority Investigative Powers In Congress, David Rapallo

Georgetown Law Faculty Publications and Other Works

“Shut down the Senate . . .” “Roll over and play dead . . .” In the first hundred days of President Donald Trump’s second term, these were the rallying cries of two far ends of a debate among Democrats about how to respond to the administration’s unprecedented actions. This debate, which rages on today, has been marked by a lack of specificity about the various oversight tools available to members of the minority party in Congress, particularly when they investigate whether the Executive Branch is faithfully executing the laws Congress passes. Scholarship too has focused little on the full …