Digital Commons Network^™

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Ndls Communicator: Week Of 07.28.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School ranked fourth in federal clerkship placement for third year
• ND Law Professor Paul B. Miller elected to American Law Institute
• Program on Church, State & Society announces winners of 2025 writing competition

Faculty Briefs

• Lloyd Mayer
• Nell Jessup Newton
• Derek Muller
• Rick Garnett
• Mary Ellen O'Connel
• Emily Bremer
• Christian Burset
• Sherif Girgis
• Election Clinic Victory

Around the Watercooler

• July Birthdays Celebrated in Community

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Representing Vietnam’S Political Leadership In International Media: A Critical Discourse Analysis Of Coverage From 2018 To 2024, Jackson Andre William Kumaat

International Review of Humanities Studies

International media play a powerful role in shaping global perceptions of political legitimacy, particularly in states where authoritarian governance coexists with economic success. Vietnam—often described as a one-party socialist state with rapid economic growth—has attracted increased attention in international news coverage, yet little research has examined how its leadership is discursively constructed through media narratives. This study addresses that gap by analyzing how Vietnam’s political leadership was represented in international media from 2018 to 2024. Using Norman Fairclough’s Critical Discourse Analysis (CDA) and Stuart Hall’s theory of representation, the research investigates how ideology, power, and meaning are embedded in news …

The 15-Minute City And Social Behavior Changes In The Tod Area: Blok M-Sisingamangaraja Tod Case Study, Dede Julfikar, Lin Yola

International Review of Humanities Studies

The changing process of the city can be due to economic development that results in urbanization then enlarges the city. This situation affects the growth and evolution of other activities in urban areas such as the emergence of new residential areas, industrial zones, and trade and service (commercial) areas. The government of DKI Jakarta is targetting to develop many public transportation infrastructure due to its target of 2040 70% of Jakarta residents live near by transit points. So that the distance of residential residents to urban facilities can be reached within 15 minutes of walking, cycling or using public transportation. …

The Establishment Of Jakarta International Schoolin Indonesia As A Reflection Of Globalisation Through Education, Brandon Cahyadhuha Rusdy, Linda Sunarti

International Review of Humanities Studies

"This article examines the establishment of Jakarta International School (JIS) within the context of the globalisation of Indonesia. Established in 1951 under the name International School of Djakarta by Antoinette Stepanek, an educator from the United States, it was the first school to provide an English-language education for the children of expatriates in Jakarta, Indonesia. The school underwent several name changes throughout its history. In 1965, the school was renamed to Joint Embassy School to reflect the support from a coalition of embassies, consisting of the United States, United Kingdom, Australia and Yugoslavia. In 1978, the school was renamed again …

The Middle Class, The Youth, The Highways: Production Of Space And Urban Memory In Blok M, Jakarta, Bimana Novantara, Yudi Bachrioktora, Lilawati Kurnia

International Review of Humanities Studies

This paper examines the historical and contemporary dynamics of the Blok M area in Jakarta as a public space undergoing a process of spatial, cultural, and symbolic transformation. Using Henri Lefebvre’s theory of the production of space and then relating it to the discourse of urban memory according to Abidin Kusno, this study traces how Blok M developed from the modernist urban planning of Kebayoran Baru after independence to be the epicenter of youth festivity, then declined until it rose again through a place that utilized the memory of this area in the past. This study highlights how the politics …

Advertising Appeals Through Instagram Caption Code Switching, Irma Aulia Irawan, Myrna Laksman-Huntley

International Review of Humanities Studies

The COVID-19 disease required everyone to go into lockdown. All activities and communications were carried out through mobile devices, driving online content consumption to double. The Instagram app, which is part of social media, increased its visits by 43 percent during the lockdown of the COVID-19 pandemic. As users turn to social media, influencers are emerging as figures in shaping online interactions and trends. One of the popular French influencers is Léna Mahfouf (@lenamahfouf). As a global fashion influencer, Mahfouf often uses English transitions in her captions. This qualitative research will identify the types of code-switching found with Poplack's theory …

Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari

International Review of Humanities Studies

Franz Kafka is known for his twisted literature filled with dark atmosphere and word choices, however when it comes to writing letters to his muse, Milena, he uses words unknown to him. He expresses his barest soul to her using word choices that indicate someone who is amazed. For a person like Kafka, love is not all about complementing word choices and emotions, seen by his internal battles with himself and uncertainty regarding the topic of love. This research will use Geoffrey Leech’s semantic framework along with Monica Schwarz and Jeannette Chur’s Wortfeld theory. The study aims to examine Kafka’s …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Guest Editorial: Making Gender Equality Visible In Judicial Selections At The European Court Of Justice, Laure Clément-Wilz, Fernanda G. Nicola

Scholarly Articles in Law Reviews & Journals

We begin this issue with a Guest Editorial by Laure Clement-Wilz and Fernanda Nicola, who invite reflection on the criteria for judicial selection at the European Court of Justice. They propose integrating gender parity as a soft criterion in the judicial selection process, thereby contributing to broader discussions on diversity in judicial appointments

Can We Train Bots To Negotiate Like Lawyers? And What Do We Learn About Bargaining As We Do?, Dwight Golann

Suffolk University Law School Faculty Works

Forthcoming in 79 Wash. U. J. of Law and Policy ____ (2025)

AI “bots” like ChatGPT can negotiate without training, but they are overly cooperative, making concessions that weaken their bargaining position—unlike skilled legal negotiators, who adapt their tactics to individual situations as well as what occurs in the process and move as needed between cooperative and competitive tactics.

The article explores how to train bots to “negotiate like lawyers” by giving them role instructions, knowledge about bargaining, and iterative practice, including step-by-step instructions to create a bargaining bot in ChatGPT.

The author notes that texts on negotiation, and his …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Courting Oblivion Part Iii: Enacting A Chelsea Manning Act Of Oblivion And Amnesty, Joshua J. Schroeder

Cleveland State Law Review

This is the third and final part of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article begins with an exposition of former President Donald J. Trump’s several indictments, including his indictment under the Espionage Act of 1917. It explains how, even while being charged for espionage, Trump and other nonwhistleblower suspects appear to unfairly benefit from a double standard.

The Article gives an exposition of the origins of whistleblower protections in …

Unmasking A New Dialect Of Deception: Leveraging The Federal Trade Commission To Combat Deceptive And Exploitative Corporate Policies, Hani Baltagi

Cleveland State Law Review

Corporate social responsibility initiatives have transformed fair labor policies into powerful marketing tools, but the gap between the public promise to embrace ethical labor practices and actual corporate compliance with such practices has widened. This has the effect of not only impeding the average consumer’s purchasing decision, but perpetuating—if not catalyzing—labor exploitation across the world. The existence of this paradigm thus necessitates additional, heightened intervention by none other than Federal Trade Commission (FTC).

The FTC’s three-pronged test for deception—previously created to combat other forms of deceptive practices—provides an accountability framework for deceptive marketing claims that utilize unfollowed, self-adopted corporate fair …

Comparing Solutions To Reduce Inaccuracies Within Eyewitness Testimonies, Dequentin Augustine, Dr. Chandra V. Thornton

Cleveland State Law Review

Comparing Solutions to Reduce Inaccuracies within Eyewitness Testimonies informs readers about how inconsistencies within eyewitness statements have led to wrongful convictions by examining factors and statistics that lead to highlighting inaccuracies within eyewitness testimonies. We identified three psychological methods that may be beneficial in reducing these inaccuracies: 1. double-blind lineup; 2. cognitive interview; and 3. expert testimony. After examining their strengths, weaknesses, and counterarguments, we agree that these three methods may be beneficial in reducing inaccuracies within eyewitness testimonies by establishing federal recommended guidelines to which states should adhere.

For The Greater Good: Civil Commitment For Addiction Amid The Overdose Epidemic, Steven P. Meerschaert

Cleveland State Law Review

America is facing a reckoning born of its own duality. Our society is gradually embracing an increasingly permissive stance on recreational drug use, while at the same time we lament the human costs of addiction. What the media has dubbed the “opioid epidemic” has seen increases in drug addiction diagnoses and opioid-involved overdose deaths nearly every year since 1999. In a rush to designate guilty parties and to crown a “gold standard” for treatment options, we have focused on theoretically flawed approaches that fail to follow the science precisely. At the same time, we dismiss validated treatment modalities in their …

The Pursuit Of Municipal Sovereignty: How The Ohio Legislature Is Attempting To Violate The Right To Local Self-Governance, Cole Sundermann

Cleveland State Law Review

This Note examines the Ohio Legislature’s recent efforts to undermine the constitutional right to local self-governance guaranteed by the Ohio’s home rule amendment within the Ohio Constitution. By focusing on Senate Bills 91, 137, and 158, it analyzes the legislative initiatives aimed at preempting municipal powers to implement participatory budgeting and ranked-choice voting systems. These bills exemplify a broader trend of the Legislature’s attempt at eroding municipal autonomy in Ohio, cutting against the principles of local sovereignty established by the 1912 Constitutional Convention. The Note argues that such preemption efforts violate the core right to self-governance as interpreted by the …

Refugee Law Lab Consultation Report On Bill C-2, Sean Rehaag, Petra Molnar, Simon Wallace

Commissioned Reports, Studies and Public Policy Documents

This Report documents consultations undertaken by the Refugee Law Lab (RLL) with refugee advocacy communities in response to proposed legislation, Bill C-2, the Strong Borders Act. The report: a) Provides an overview of Bill C-2, highlighting its impacts on immigration and refugee law b) Outlines critiques of Bill C-2 made by advocacy and human rights organizations c) Describes the RLL, its consultation objectives, and methodologies d) Presents key themes from the RLL's consultations e) Proposes an action plan for the RLL and recommendations for other university-based researchers.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

You Better Werk: The Viability Of A Labor Union For The Cast Of Rupaul’S Drag Race, Brandon Stump

Cleveland State Law Review

Reality television cast members are poorly compensated, working under tremendously restrictive and controlling contracts. While actors and writers who are members of the Screen Actors Guild of America and the Screen Writers Guild of America have collectively bargained with studios for better wages, terms, and conditions of employment, contestants on reality television series have gone it alone – auditioning for a series and having no choice other than to accept the contract provided by the studios. In December 2024, at the end of the Biden administration, the National Labor Relations Board (NLRB) filed a complaint on behalf of the reality …

Responding To Police Perjury, David R. Katner

Cleveland State Law Review

The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …

Sterilized Speech: The U.S. Impacts Of E.U. Digital Service Rules, Jelena Laketić

Cleveland State Law Review

In recent decades, online platforms have transformed how people communicate and interact. Speech on platforms has enabled commerce, driven political processes, facilitated revolution, and built communities. Distinguishing between beneficial and harmful content, however, has grown increasingly difficult. Beginning with the new legal framework for the illegal distribution of copyrighted works and the dissemination of audiovisual and terrorist content, the E.U. has taken the global lead and change in regulating online speech. The culmination of this approach has been the recent adoption of the Digital Services Act (DSA), which promises to revolutionize online platforms’ liability. This Article argues that the new …

Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright

Cleveland State Law Review

This paper is intended to be the first in a series of papers that addresses whether lower income individuals suffer all of the following at much higher rates than their percentage of the population would suggest should be the case: (1) police stops for questioning; (2) arrests; (3) prosecutions; (4) convictions; and (5) lengthy post-conviction incarcerations. In particular, this first paper addresses the question of whether prison sentences imposed for “blue-collar crimes” are significantly longer than prison sentences imposed for “white-collar crimes.” In general, “blue-collar crimes” refer to crimes that are committed by individuals who possess blue-collar professions and “white-collar …

One Nation Under Guard, Everett T. Glynn

Master's Theses

The rise of segments of the labor force devoted to functions other than production has received increased scholarly attention, particularly pertaining to the robust deployment of the police and criminal justice apparat in the neoliberal era. Critical perspectives align the rise of the securitization of society with political and economic transitions that occur within the contexts of changes to social inequality and crackdowns on social movements beginning in the 1970s. In a theoretical construction of the emerging concept of guard labor, this thesis finds that robust societal deployments of a form of functional labor used to entrench social inequality has …

Safeguarding Intellectual Property: A Strategic Imperative For Organizations, Alan Saquella

Publications

Intellectual property (IP) is more than a legal concept — it is the foundation of innovation and the engine that drives growth, differentiation, and long-term success. From proprietary algorithms to product designs, trade secrets, and customer data, IP represents the most valuable asset many organizations possess. When compromised, the damage can be severe — manifesting in lost revenue, competitive disadvantage, reputational harm, and in some cases, the collapse of entire business lines.

Ai Regulation: Competition, Arbitrage & Regulatory Capture, Filippo Lancieri, Laura Edelson, Stefan Bechtold

Georgetown Law Faculty Publications and Other Works

The commercial launch of ChatGPT in November 2022 and the fast development of large language models have catapulted the regulation of artificial intelligence to the forefront of policy debates. A vast body of scholarship, white papers, and other policy analyses followed, outlining ideal regulatory regimes for AI. The European Union and other jurisdictions have moved forward by regulating AI and LLMs. One overlooked area is the political economy of these regulatory initiatives—or how countries and companies can behave strategically and use different regulatory levers to protect their interests in the international competition on how to regulate AI.

This Article helps …