Digital Commons Network^™

Second Chances, Andrea Rodríguez Muñoz

Grado en Gestión y Comunicación de la Moda

Este proyecto tiene como objetivo desarrollar un concepto innovador que, en la actualidad, no se encuentra completamente consolidado. No se trata únicamente de crear una empresa, sino de proponer una solución integral. Desde hace décadas, la sociedad enfrenta un problema significativo relacionado con el consumismo. En este contexto, esta empresa nace con la intención de contribuir a mejorar esta situación, con la aspiración de dejar un legado más positivo para las generaciones futuras.

Second Chances surge con el propósito de gestionar los excedentes y stocks inmovilizados de la industria de la moda, planteando una transformación profunda del sector retail tal …

Examining The Presence And Effects Of Coherence And Fragmentation In The Gulf Of Maine Fishery Management Network, Derek A. Katznelson, Antonia Sohns, Dongkyu Kim, Evelyn Roozee, William Donner, Andrew M. Song, Jasper R. De Vries, Owen Temby, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

Natural resource management networks cohere due to mutual dependencies and fragment, in part, due to the perceived risks of interaction. However, research on these networks has tended to accept coherence a priori rather than problematizing dependence, and few studies exist on interorganizational risk perception. This article presents the results of a study operationalizing these concepts and measuring the distribution of three types of dependence (capital, legitimacy, and regulatory) and two types of perceived risk (performance and sanction) among nearly fifty stakeholder groups and organizations participating in the management of fisheries in the binational Gulf of Maine. The analysis reveals an …

Spanking And Children's Approaches To Learning: Estimates From A Longitudinal Matched-Sample Design, Jeehye Kang, Christina M. Rodriguez

Sociology & Criminal Justice Faculty Publications

One form of corporal punishment commonly used in the United States is spanking. Spanking is a well-known risk factor for adverse child development, although its influence on children's approaches to learning (ATL) has been largely overlooked. Existing research is particularly limited in inadequately considering multiple confounds and selection biases in children's exposure to spanking. This study examined the links between spanking and children's ATL, using a matched-group design to strengthen causal estimates among children aged 5 to 7.5 (N = similar to 12,800) from the Early Childhood Longitudinal Study, Kindergarten Class of 2010-2011. Entropy-balanced matching mitigated selection and confounding biases, …

U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce

Sociology & Criminal Justice Faculty Publications

Immigration is a fiery topic in U.S. society, as it generally brings to a boil native-born citizens’ disparate attitudes toward immigrants and immigration. While immigration has its fierce supporters and opponents alike, the topic provides fodder for politicians who use it to stoke the fear of an impending “immigrant invasion” among citizens. This is why scholars must regularly undertake empirical studies to assess community members’ views about immigrants and immigration in U.S. society. To add to the contemporary immigration debate, I analyze data from a random sample of 610 respondents who reside in the seven cities that make up the …

The Ten Commandments In Louisiana Public Schools: A Study In The Survival Of Establishment Clause Norms, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In June 2024, Louisiana enacted legislation requiring the prominent posting of the Ten Commandments on the wall of every public-school classroom. In Roake v. Brumley, a federal district court decided that the requirement violated the Establishment Clause. Judge DeGravelles’s lengthy opinion followed the Supreme Court’s 1980 decision in Stone v. Graham, which invalidated a highly similar Kentucky law. In late June 2025, in an opinion by Judge Ramirez, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court in every significant respect. Texas recently enacted similar legislation, now under the cloud of Roake v. Brumley.

In this …

To Predict The Post-Chevron World, You Must Understand The Pre-Chevron World And Then Add Extreme Political Polarity, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this contribution to a symposium on the Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo, Professor Pierce explains how the Court has created a legal environment that will lead to many serious problems. He provides a roadmap to avoid that result.

An Empirical Assessment Of New Jersey's Mistaken Imprisonment Act, Jeffrey Gutman

GW Law Faculty Publications & Other Works

In their article “Compensation for the Convicted Innocent in New Jersey: Problems and Recommended Solutions,” Professors D. Michael Risinger and Lesley Risinger masterfully recount the history and flaws of New Jersey’s Mistaken Imprisonment Act.1 The professors recommend concrete and common-sense amendments to the Act that, if enacted, would resolve statutory ambiguities, remedy bad public policy, and make more generous an Act intended to benefit the wrongfully convicted, but which often falls short of that goal.

This article will provide empirical and comparative context for the Risingers’ proposals. By examining why the claims of exonerees had been denied or never made, …

Policy Brief: The Hagerty-Scott-Lummis-Gillibrand Stablecoin Bill Would Cause Great Harm To Consumers, Investors, Our Financial System, And Our Economy, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On February 4, 2025, Senators Bill Hagerty, Tim Scott, Cynthia Lummis, and Kirsten Gillibrand introduced a bill that would create a dangerously weak and deeply flawed regulatory regime for stablecoins. Their bill (the “Hagerty bill”) would allow stablecoins to be offered to the public without the protections provided by federal deposit insurance and other safeguards governing banks insured by the Federal Deposit Insurance Corporation (FDIC). The Hagerty bill would greatly increase the likelihood that future runs on stablecoins would trigger systemic crises requiring costly federal bailouts to avoid great harm to our financial system and economy.

A stablecoin is a …

Agency Delay And The Courts, Aram A. Gavoor, Steven A. Platt

GW Law Faculty Publications & Other Works

Administrative delay plagues the modern regulatory state, yet scholars and courts lack a coherent framework for analyzing when delay becomes unlawful and how to remedy it. This Article provides the first comprehensive examination of judicial oversight of agency delay, tracing the evolution from common law mandamus through the delay provisions of the Administrative Procedure Act. It reveals critical distinctions between these mechanisms that courts have increasingly elided, leading to doctrinal confusion and ineffective remedies. On account of the second Trump administration’s Department of Government Efficiency initiatives, this topic takes on unprecedented urgency because administration policies to reduce workforce and restructure …

Analyzing The Benefits Of Artificial Intelligence To Racially Inclusive Democracy, Spencer A. Overton

GW Law Faculty Publications & Other Works

Over the past two decades—as the United States has grown more ethnically diverse—the U.S. Supreme Court has dismantled key voting rights protections, and state legislatures have erected a record number of voting restrictions. Largely oblivious to this growing gap in legal protections, several artificial intelligence (“AI”) optimists have claimed that AI can help usher in a more inclusive, participatory, and unbiased democracy. Such an outcome, however, is far from guaranteed. This Article is the first to comprehensively examine the extent to which AI—and the legal frameworks that regulate it—can advance racially inclusive democracy. It responds to the AI optimism literature …

Justice Delayed By Design: The Harms Of Our Protracted Divorce System, Laurie S. Kohn

GW Law Faculty Publications & Other Works

Divorce is the termination of a legal relationship. It is necessary for the enforceable division of property and debts between spouses as well as for remarriage. However, it’s not simply a lawsuit. Instead, it most often involves a seismic shift in the very foundations of life and, as such, frequently provokes, exacerbates, and exposes insecurities, instabilities, and vulnerabilities. This legal process also involves a unique relationship between litigants who are former intimate partners—often co-parents—and who are largely unrepresented and therefore engaged in a new form of relationship as opposing parties to a lawsuit. Given these complex dynamics, one might hope …

Circuit Capture And The National Court Of Appeals, John P. Collins Jr.

GW Law Faculty Publications & Other Works

We are facing a crisis of confidence in our federal courts. Polarization in the judicial selection process and partisanship in judicial decision-making have yielded a steep decline in the public’s trust of the judicial branch. Much of the blame lies with the Supreme Court, whose repeated ethical scandals and aggressive rightward tilt have renewed calls for major court reform—from court packing to jurisdiction stripping, from term limits to lottery dockets, and much more in between. But the Supreme Court is not the only court in need of reform. The vast majority of cases go no further than the thirteen U.S. …

Standing, Randall S. Abate

GW Law Faculty Publications & Other Works

Chapter 4 explores the intricacies of the legal principle of standing, its role in climate litigation, and how it impacts the ability of parties to bring climate change-related lawsuits to trial. The author discusses interpretations of standing across different jurisdictions, such as the United States, New Zealand, and countries in Europe, and explains how these interpretations can either impede or facilitate climate litigation. He distils emerging best practice from this analysis, providing an insightful guide for future climate lawsuits. The author then identifies emerging best practice in interpreting standing rules in a flexible manner, thus allowing a broader range of …

The Looming Threat Of Uninsured Nonbank Stablecoins, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On May 21, 2025, the U.S. Senate voted to begin final consideration of the “GENIUS Act.” Despite its lofty title, the bill would create grave threats to our financial system and economy by allowing nonbanks to issue stablecoins without the protections provided by federal deposit insurance and other regulatory safeguards governing FDIC-insured banks. The GENIUS Act would set the stage for future runs on stablecoins triggering systemic financial crises and requiring government bailouts.

The great majority of global stablecoins promise to maintain parity with the U.S. dollar and are functionally equivalent to bank deposits. Stablecoins are mainly used as payment …

Feature Comment: Institutional Amnesia And The Neglect Of The Federal Acquisition Workforce, Jessica Tillipman, Steven L. Schooner

GW Law Faculty Publications & Other Works

Public procurement regimes may be constrained by rules, but people - procurement professionals - animate the process. Despite spending over $750 billion last year on federal contracts, the U.S. Government continues to deprioritize the professional capacity of its acquisition workforce. This article bemoans and critiques the persistent failure to recruit, develop, and retain procurement personnel, a failure exacerbated by politically driven downsizing, inadequate investments in workforce development, and misplaced reliance on procedural reform—most recently evidenced by the so-called “Revolutionary FAR Overhaul.” Drawing on historical data, case studies, and recent Government Accountability Office reports, the authors document how decades of underinvestment …

Police Officer Use Of Force And Officer-Created Jeopardy After Barnes V. Felix: The Supreme Court’S Important (Albeit Incomplete) Step In The Right Direction, Cynthia Lee

GW Law Faculty Publications & Other Works

On May 15, 2025, the Supreme Court issued a unanimous decision in Barnes v. Felix, rejecting the Fifth Circuit’s “moment of threat” doctrine, which limited courts assessing the reasonableness of a law enforcement officer’s use of force to considering only those facts and circumstances known to the officer at the moment of the threat. Under the Fifth Circuit’s narrow time-framing approach, any pre-seizure conduct of the officer, i.e., acts occurring before the officer seized the individual, that may have contributed to the dangerous situation could not be considered as part of the reasonableness inquiry.

Pre-seizure officer conduct that contributes to …

The Future Of The Duty To Engage In Reasoned Decision Making: The Choice Between A Textual Approach And A Pragmatic Approach, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this contribution to a symposium on the future of the duty to engage in reasoned decision making, Professor Pierce argues that the Supreme Court faces a decision whether to retain the present robust version of the duty to engage in reasoned decision making and to extend it to actions taken by the president or to abandon or greatly weaken it. He urges the Court to retain and expand the scope of the duty to include actions taken by the president. He expresses concern, however, that the Court may instead abandon or significantly weaken the duty.

Public Procurement Law Review Special Issue: Introduction And Three Articles On Public Procurement In International Trade, Robert D. Anderson, Christopher R. Yukins, Jean Heilman Grier, Derek Mckee, Daniel Schoeni

GW Law Faculty Publications & Other Works

The Public Procurement Law Review (Sweet & Maxwell / UK) has published a special issue focused on international trade and procurement. Four of the pieces from the special issue, discussed below, are available in the attached.

In their introductory editorial, “Procurement Trade Agreements and Their Discontents,” Robert Anderson (Honorary Professor at the University of Nottingham School of Law, and Senior Fellow, Competition and Innovation Lab, The George Washington University, and former team lead at the WTO on the Government Procurement Agreement) and Christopher Yukins (GW Law) put the accompanying articles into context. They noted that the GPA, as the premier …

Feature Comment: Bid Protests In The U.S. Procurement System: Assessing Proposed Reforms -- Part I, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Congress is considering a number of proposed changes to the U.S. bid protest system—reforms which would generally raise barriers to bid protests, without making bid protests a more effective risk-management tool. At the same time, the procurement community (both in the U.S. and internationally) is coming to understand that public procurement is, at its heart, an exercise in risk management. This article surveys the various reform proposals against that evolving understanding, to assess whether the reforms under debate would reduce risks to competition and uncover management failures in the procurement system— the two core risk-reducing purposes of bid challenges.

Ai And Doctrinal Collapse, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Artificial intelligence runs on data. But the two legal regimes that govern data—information privacy law and copyright law—are under pressure. Formally, each regime demands different things. Functionally, the boundaries between them are blurring, and their distinct rules and logics are becoming illegible.

This Article identifies this phenomenon, which I call “inter-regime doctrinal collapse,” and exposes the individual and institutional consequences. Left unchecked, the data acquisition status quo favors established corporate players and impedes law’s ability to constrain the arbitrary exercise of private power. Through analysis of pending litigation, discovery disputes, and licensing agreements, this Article exposes two dominant exploitation tactics …

The Supply Chain Is A Circle: Ai, Privacy, And People, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Artificial Intelligence (AI) governance underscores the AI “supply chain” and the “many hands” involved in the creation of AI systems. Although invaluable, this production-centered approach risks overlooking what happens when people use AI tools. That’s a mistake, because user interactions determine the real-world impact of AI.

This Essay contends that regulating AI and holding the appropriate actors responsible requires far more attention to what happens after deployment of an AI system. The supply chain is an invaluable start, but it’s not a linear chain. Rather, it is a circle that must incorporate users’ engagement with AI tools as part of …

Feature Comment: Bid Protests In The U.S. Procurement System: Part Ii—Percipient.Ai, Debriefings And Agency-Level Protests, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This is the second part of a two-part series. Part I, 67 GC ¶ 216, reviewed several reform proposals being considered by Congress. This Feature Comment (a) assesses the courts’ role in bid protest reform in light of the U.S. Court of Appeals for the Federal Circuit’s en banc decision in Percipient.ai, (b) reviews the potential benefits of expanded debriefings, and (c) explains how agency-level bid protests could be reformed, using agencies’ own best practices, to make them more effective.

The Supreme Court Should Overrule Red Lion, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay Professor Pierce uses the Jimmy Kimbell incident as the point of entry for his argument that the Supreme Court’s 1969 opinion in Red Lion v. FCC is inconsistent with today’s reality and dangerous. He urges the Court to overrule it.

Policy Brief: The Federal Banking Agencies Should Withdraw Their Deeply Misguided Proposal To Weaken Leverage Capital Requirements For The Largest U.S. Banks, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On July 10, 2025, federal banking agencies issued a proposed regulation that would dangerously weaken capital requirements for the largest U.S. banking organizations. The proposed rule would significantly reduce the enhanced supplementary leverage ratio (eSLR) requirements for U.S. global systemically important banking organizations (G-SIBs). If adopted, the proposed rule would allow U.S. G-SIBs to become woefully undercapitalized, as their predecessors were at the outbreak of the global financial crisis of 2007-09. The proposed rule would make U.S. G-SIBs highly likely to fail during future systemic financial crises, with catastrophic consequences for our financial system, economy, and society.

As explained in …

Mahmoud V. Taylor: Cause Or Effect Of Disruptions In The Public Schools?, Richard Katskee, Ira C. Lupu

GW Law Faculty Publications & Other Works

Mahmoud v. Taylor represents an extraordinary departure from long-standing constitutional norms about the rights of parents of children in public schools. In Mahmoud, the Supreme Court upheld a Free Exercise Clause claim by parents in Montgomery County, Maryland, who sought to have their children (grades K–5) excused from readings that contain LGBTQ characters and themes. The majority opinion by Justice Alito rests on a highly controversial reading of Wisconsin v. Yoder.

Part I of the paper provides the doctrinal and historical backdrop to Mahmoud, which reflects the acute tension between a once-narrow understanding of Yoder and the post-Obergefell backlash against …

The Re-Examination Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the origins, history, and current interpretation of the Re-examination Clause of the Seventh Amendment to the U.S. Constitution. As Justice Joseph Story declared, the Re-examination Clause is separate from the right to civil jury trial in the Amendment’s Preservation Clause. The Re-examination Clause states that no fact tried by a jury shall be “re-examined” in federal court except by the rules of “the common law.” This provision had no counterpart in the state constitutions. The essay explains the methods of review of jury verdicts in English common-law courts in the late eighteenth century, focusing on the remedy …

The Civil Jury Trial Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the Civil Jury Trial Clause—also known as the Preservation Clause—of the Seventh Amendment to the U.S. Constitution. I provide background on English civil jury practice in common-law courts in the late eighteenth century and distinguish it from equity practice in the Court of Chancery. The essay describes Blackstone’s praise for the civil jury as well as the role the civil jury played in the events leading up to the American Revolution. The question of a federal constitutional right to civil jury trial provoked heated disputes in the Philadelphia Convention and the ratification debates. The ratification debates featured …

When The Math Matters: Finding The “Glue” In Class Action Commonality Determinations, Robin L. Juni

GW Law Faculty Publications & Other Works

This Article is another offering in the “When the Math Matters” series, seeking to help readers understand use of mathematical and scientific concepts in legal contexts and unpack how to do things better. This Article focuses on the seminal case of Wal- Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), describing how the analytical approach to identify whether a class could be certified for purposes of that litigation continues to resonate through recent cases in the federal courts. The Article explains the statistical analysis that lawyers must present to unpack a correlative analysis in similar cases, focusing on adverse …

One Union Soldier's Service With The 141st Regiment Of Pennsylvania Volunteers And That Regiment's Remarkable Record Of Heroism And Sacrifice During The Civil War, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Christopher C. Wilmarth (my great-great-uncle) served with the 141st Regiment of Pennsylvania Volunteers from August 1862 until June 1863. On May 3, 1863, Christopher was wounded in his leg during the third day of the Battle of Chancellorsville. He was left on the battlefield when the Union army retreated, and he was captured by the Confederates. He remained a Confederate prisoner for at least ten days, and he suffered from exposure to the elements and a lack of adequate medical care until he was returned to the Union army. After multiple amputations, Christopher died in a Union army hospital on …

Money, Money, Money: Universities, Government Funding, And Academic Freedom, Mary-Rose Papandrea

GW Law Faculty Publications & Other Works

Since the federal government began its large-scale funding of research at the start of World War II, the United States and American universities have been in a mutually beneficial relationship. The federal government has reaped the benefits of countless scientific, social science, and technological discoveries that have promoted national security and served the general welfare. In return, American universities have developed extraordinary research enterprises that are regarded as among the best in the world.

From the outset of this relationship, however, scientists and university administrators expressed concern that federal funding would interfere with institutional autonomy and academic freedom. President Trump’s …