Digital Commons Network^™

New Judicial Federalism And The Establishment Clause: Classroom Ten Commandments As A Case Study In State Constitutional Protection, Caroline Mala Corbin

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Louisiana recently enacted a law requiring a Ten Commandments display in every public school classroom from kindergarten to college. Forty-five years ago, the U.S. Supreme Court ruled that a nearly identical attempt to introduce Christianity into the public schools violated the Establishment Clause—the clause in the U.S. Constitution’s First Amendment that requires some degree of separation between church and state.

Unfortunately, the U.S. Supreme Court has since reduced the Establishment Clause to a shadow of its former self. It replaced doctrinal tests that protected religious minorities with a history and tradition test that is easily manipulated and that presumes the …

Rico V. United States, Meagan R. Hurley

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Isabel Rico was serving a term of supervised release when she absconded from federal supervision. Years later, the government sought to revoke her release, arguing that her fugitive status “tolled” her supervised-release term. The Ninth Circuit agreed. Other circuits, however, have rejected the fugitive-tolling doctrine in the supervised-release context. The Supreme Court will now decide whether federal courts may judicially adopt fugitive tolling, or whether Congress’s silence in the supervised-release statute forecloses it.

The Forgotten Weapon: Section 891 And The Origins Of U.S. Retaliatory Tax Policy, Reuven S. Avi-Yonah, Gianluca Mazzoni

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The original version of the One Big Beautiful Bill Act (P.L. 119-21) included section 899, which would have imposed retaliatory taxes on individuals and corporations from countries that apply “discriminatory or extraterritorial” taxes to U.S. corporations, defined specifically to include digital services taxes and the undertaxed profits rule of pillar 2.

However, on June 26 Treasury Secretary Scott Bessent announced that a compromise was reached on the UTPR, and as a result, section 899 was removed from the OBBBA. Now that section 899 is gone, section 891 is the most important part of the United States’ legislative armory against “discriminatory …

The Good, The Bad, And The Ugly: A Comparative Constitutional Analysis Of Whistleblowing Speech, The Government's Managerial Domain, And The Imperatives Of Democratic Self-Government, Ronald J. Krotoszynski Jr.

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Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees' speech about matters of public concern, the US. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series of categorical exclusions to Pickering that all strongly favor the government as an employer and manager. These subsequent decisions have created a jurisprudential obstacle course that government employees must successfully run in order to invoke the Free Speech Clause at all. The current U.S. approach is plainly bad. However, it could be …

Leaving Delaware? The Essential Role Of Specialized Corporate Courts, Zohar Goshen, Tomer S. Stein

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Following the Delaware Court of Chancery's invalidation of Elon Musk's fifty-six-billion-dollar compensation package, Tesla moved its incorporation from Delaware to Texas. Shortly thereafter, Delaware's legislature, seeking to protect Delaware's dominant incorporation position, passed the most sweeping corporate law amendments in fifty years. 

Both supporters of Musk and defenders of Delaware's judiciary have accused each other of partisanship, but neither side has addressed the central question: What is the role of specialized corporate courts? 

This Essay presents a novel theory of why such courts are necessary. Corporate disputes are distinct because they arise within ongoing relationships between shareholders and management, governed …

A Core Proposal For Budget Caring - Will The E.U. Adopt A Progressive Corporate Tax?, Domenico Imparato, Reuven S. Avi-Yonah

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On 16 July 2025, the European Commission unveiled its proposed EU budget for the 2028–2034 period, representing a nearly EUR two trillion fiscal commitment for the bloc’s taxpayers – both individual and corporate. As leaked by some media outlets in the days leading up to the official announcement, the EU budget would introduce a new mechanism known as the ‘Corporate Resource for Europe’ (CORE). In the Commission’s proposal, CORE is described as a ‘financial contribution’ from the corporate sector, intended to become part of the European Union’s system of own resources. In practical terms, however, it would function as a …

Corporate Taxation And Industrial Policy, Reuven S. Avi-Yonah

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The Trump administration recently announced two new ventures into industrial policy. First, it will impose a levy on chip exports to China by Nvidia and Advanced Micro Devices (AMD). Under the agreement, Nvidia and AMD will pay the government 15 percent of their gross revenue from sales to China. The secretary of the Treasury has said the administration will consider expanding this type of deal to other industries. Second, the administration announced that it will take a 9.9 percent equity stake in Intel

Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri

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Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, "safety" has become the rallying cry to regulate online activity in the age of Big Tech. Legislators across the political spectrum and companies around the world are devising interventions meant to keep people - and especially women safe from the risks of online sexuality. Through law and technology, they target everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism.

This Article interrogates the feminist strands animating Big …

Antitransgender Legislation And Needs Of Transgender Floridians, 2018–2024, Callan Hummel, Kim-Phuong Truong-Vu, Kathryn Nowotny, Ashley Mayfaire, Beaux Ramos, Jasmine Mckenzie, Charlton C. Copeland, Tiffany R. Glynn

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Objectives. To document transgender Floridians’ service needs before and after antitransgender state legislation.

Methods. We conducted descriptive and change point analyses of intake survey data collected by a transgender-led community-based organization in Florida from 701 clients who requested services between 2018 and 2024.

Results. Findings show enrollment for services increased during the rise in antitransgender legislation, with pressing needs for legal and financial support for name changes and gender-affirming health care. The percentage of clients requesting sexual health resources increased, especially among Black clients.

Conclusions. Findings underscore the urgency of (1) understanding the impact of antitransgender legislation on service needs, …

Last Chance Lawyers: Mercer's Habeas Project And Lessons Learned From A New Generation Of Service Learners, Meagan R. Hurley

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Late on a Sunday night, the conference table in Mercer Law’s Habeas Project classroom was buried under transcripts, cases and drafts of a soon-to-be finished appellate brief. Third-year law students Chyna Carter and Valerie Pallos sat shoulder-to-shoulder, tightening arguments, double-checking citations and calculating word counts yet again. They’d spent weeks working with classmates, meticulously researching their client’s case and poring over a voluminous record, in preparation of filing a habeas appeal with the Supreme Court of Georgia.

“We thought we had a convincing argument and just needed to get it reflected on paper,” Carter, now an associate at McLain & …

Instilling Primary-Source Research Confidence In Undergraduate History Majors: Insight Into Instructional Impact And Student Preferences, Matthew J. Gorzalski

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Information literacy and critical thinking are arguably the most important and transferable skills undergraduate history majors develop in the course of their studies. A primary-source-based research paper is often an undergraduate history major’s capstone assignment toward graduation. Yet they often face these assignments having little or no prior experience with archival research and lack confidence in finding and using primary sources. This article reports on a study conducted during the 2022 and 2023 spring semesters at Southern Illinois University Carbondale (SIUC) involving archival literacy instruction for undergraduate history majors enrolled in HIST 392 Historical Research and Writing. It examined the …

Look What You Made Me Do, Russell M. Gold

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We have understood for centuries that crime is both the product of social forces and individual choice. We know now that crime is affected by economic deprivation, addiction, trauma, and mental health issues. But American criminal legal processes hide this reality by coercing defendants into expressing a profoundly simple narrative: crime is solely individual choice to do wrong. This coerced narrative finds defendants during a plea colloquy standing up in court saying that they are pleading guilty because they are guilty and for no other reason. A defendant who goes off-script to tell the judge that they have been repeatedly …

Burdens Of Proof In Criminal Procedure, Eve Brensike Primus

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The Supreme Court’s haphazard approach to allocating burdens of proof in criminal procedure has created a system in which constitutional rights can be rendered meaningless simply because defendants are required to prove things they cannot possibly know. Even though allocations of the burden of proof often drive litigation outcomes, the Court has failed to establish clear burden allocation structures for cases arising under the Fourth, Fifth, Sixth, and Fourteenth Amendments, leaving lower courts split about how to allocate the burdens. When the Supreme Court does allocate burdens, it often does so without explanation or consideration of key factors. Recent Supreme …

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

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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 …

An Exploration Of The Evolving Boundary-Spanning Leadership Role Of Architects, Rory Concannon, Roisin Murphy, Oluwasegun Seriki

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Architects form part of multidisciplinary teams in the construction of the built environment. Traditionally they have played a leading role within the construction process, often managing entire projects to completion. In recent years the composition of construction teams have evolved, leading to a perception that the architects leadership role has been diminished. Little is known about the boundary-spanning leadership required by architects, particularly in the light of the evolving roles. Through in-depth, semi-structured interviews, this research reduces this gap by exploring architect’s leadership practices in the context of changing boundaries within the construction team. Our findings reveal six specific competencies …

Proposed Cloud Services Sourcing Rule: The Right Direction, Reuven Avi-Yonah, Jeffery M. Kadet, Karen Sam

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This past January, in conjunction with the issuance of a final regulation (T.D. 10022) that treats income from defined cloud transactions as income from services, Treasury and the IRS released a proposed regulation (REG-107420-24) on the sourcing of that income. In 2019 a Treasury official had asked the tax community for feedback on whether specific cloud transaction sourcing rules were needed, and the preamble to a 2019 proposed regulation asked for comments on “administrable rules for sourcing income from cloud transactions in a manner consistent with sections 861 through 865.” The feedback was “split almost evenly with regard to whether …

Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh

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A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …

Statelessness As An Academic Concern: The Indian Supreme Court’S Engagement With Citizenship Policy In In Re: Section 6a Of The Citizenship Act, 1955, Aishwarya Birla

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In October 2024, the Supreme Court of India (‘Court’) made a significant ruling regarding citizenship laws in Assam, a state in the north-east of the country. The case In Re: Section 6Aof the Citizenship Act, 1955(‘In Re: s 6A’)centred on s 6A of the Citizenship Act, 1955(‘Citizenship Act’), which pertains to granting citizenship to a specific class of migrants who entered Assam before ‘the 1stday of January, 1966’.The Supreme Court upheld the constitutional validity of s 6A in a 4:1 majority. In doing so, the Court also engaged with a multitude of important issues for constitutional law and citizenship in …

Artificial Ignorance: Understanding The Role Of Ai In Modern Agnotology, Amit Ray, Michael Nolan

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This paper explores the concept of agnotology, the deliberate production of ignorance, within the context of modern scientific endeavors, particularly in the corporate and technological sectors. It examines how industries use various tactics to manipulate public understanding of scientific issues, often to protect profits and limit liability. The rise of private sector funding and the increasing reliance on technologies like AI and machine learning have exacerbated this process by making scientific inquiry more opaque and less accountable. Ultimately, we argue that as knowledge production becomes more entangled with corporate interests and technological systems, traditional methods of oversight and regulation are …

Redressing The Harm Of Accelerated Approval, Laura Karas

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The accelerated approval pathway of the United States Food and Drug Administration (FDA) enables drugs to come to market more quickly than would be possible under a traditional FDA approval pathway. Accelerated approval is based upon the agency's determination that changes in a surrogate or intermediate clinical endpoint are "reasonably likely" to predict a clinical benefit meaningful for patients. In essence, the pathway affords sick patients earlier access to potentially beneficial drugs while trials to confirm clinical benefit continue. Accelerated approval has been likened to a social compromise in which promising drugs enter the market sooner in exchange for a …

Regulating Cutthroat Business, Luke Herrine

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The production of meat is almost entirely controlled by a small group of multinational agribusinesses. These "packers" own everything from animal genetics to feed to wholesaling to slaughtering to butchering-leaving only the raising of the animals to nominally independent farmers, who are, in turn, controlled through one-sided contracts. Packers use this power both to push down costs and make raising and slaughtering animals more specialized and efficient and to extract more money from farmers, workers, retailers, consumers, and state and local governments. They also wield their resources to avoid accountability for the costs they impose on others and to shape …

Constitutional Futurism As Pedagogy, Jeremiah Chin

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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 …

Constitutional Futurisms, Jeremiah Chin

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How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Deepfakes Deconstructed, Jacob Noti-Victor

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With the rapid advancement of photorealistic generative Al technology, the problem of sexually explicit deepfakes has grown more urgent than ever. Thanks to widely available Al systems, users can now easily create images that appear to depict real people engaging in sexual acts. Not only have Taylor Swift and other celebrities been targeted, but deepfakes are also now alarmingly prevalent in American schools.

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

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In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

Immigration Federalism In The Second Trump Administration, Stella Burch Elias

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This Article explores the ongoing transformation of state and local engagement in immigration-related rulemaking in the United States during the Second Trump Administration. The Article examines the myriad ways in which federal executive actions and state responses to those actions, alongside independent state actions and the federal government’s responses to those actions, are upending longestablished immigration law doctrines and shifting the borders of American federalism. The Article discusses legal scholars’ previous understanding of immigration federalism, embodied in United States v. Arizona, and the prior distinctions between permissible “alienage” laws and impermissible “immigration” laws, which could not be introduced by state …

I'Ve Been Here Before: My Second Run Of "The First 100 Days", Vanessa Montoya

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No abstract provided.

Executive Clemency And Immigration Federalism: Reconsidering Presidential Power Over Deportation, Linus Chan, Lauren Butler, Emma Wittmer

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No abstract provided.

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

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No abstract provided.

Property Values: Accounting For Racial Valorization And Stigmatization In Development, Audrey G. Mcfarlane

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No abstract provided.