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2026

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Ice Is In Your Children's Schools: How Trump's Immigration Raids Could Revive The Case For A Constitutional Right To Education, Alyssa A. Ettore Jan 2026

Ice Is In Your Children's Schools: How Trump's Immigration Raids Could Revive The Case For A Constitutional Right To Education, Alyssa A. Ettore

Student Works

No abstract provided.


Servi Dei: Prosecutors & The Common Good, Zachary A. Chin Jan 2026

Servi Dei: Prosecutors & The Common Good, Zachary A. Chin

Student Works

No abstract provided.


Emerging Trends In Diversity, Equity, And Inclusion (Dei) Laws And The Precarious State Of Affirmative Action College Admissions Programs, Edward Yanez Jan 2026

Emerging Trends In Diversity, Equity, And Inclusion (Dei) Laws And The Precarious State Of Affirmative Action College Admissions Programs, Edward Yanez

Student Works

No abstract provided.


Judicial Limits On Ncii Takedowns: Prior-Restraint Constraints On §6851 Injunctions And Narrowing Constructions For The Take It Down 48-Hour Duty, Jiayi Ren Jan 2026

Judicial Limits On Ncii Takedowns: Prior-Restraint Constraints On §6851 Injunctions And Narrowing Constructions For The Take It Down 48-Hour Duty, Jiayi Ren

Student Works

No abstract provided.


Supported Decision-Making For Older Adults In New Jersey, Taylor E.A. Gillis Jan 2026

Supported Decision-Making For Older Adults In New Jersey, Taylor E.A. Gillis

Student Works

No abstract provided.


The Right To Exclude Revisited: (Non)Issues Of Squatting In New York City, William Phillips Jan 2026

The Right To Exclude Revisited: (Non)Issues Of Squatting In New York City, William Phillips

Student Works

No abstract provided.


Fighting For Fairness: Combating Wage Disparities, Unequal Pay, And Lack Of Protections Through The Reclassification Of Ufc Fighters, Salma Mohamed Jan 2026

Fighting For Fairness: Combating Wage Disparities, Unequal Pay, And Lack Of Protections Through The Reclassification Of Ufc Fighters, Salma Mohamed

Student Works

No abstract provided.


Navigating Change Amidst Ambiguity: A Survey Of Collegiate Athlete Legal Status And Compensation, Andrew C. Marino Jan 2026

Navigating Change Amidst Ambiguity: A Survey Of Collegiate Athlete Legal Status And Compensation, Andrew C. Marino

Student Works

No abstract provided.


Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal Jan 2026

Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal

Student Works

No abstract provided.


A Change Is Gonna Come:* Copyright Termination As Social Justice For Black Musical Creators, Natalie Polito Jan 2026

A Change Is Gonna Come:* Copyright Termination As Social Justice For Black Musical Creators, Natalie Polito

Student Works

No abstract provided.


Control To Chaos: How The Ncaa’S New Transfer Portal Regulations Created Contractual Issues While Aiming To Provide Student Athletes Unlimited Freedom., Michael Granda Jan 2026

Control To Chaos: How The Ncaa’S New Transfer Portal Regulations Created Contractual Issues While Aiming To Provide Student Athletes Unlimited Freedom., Michael Granda

Student Works

No abstract provided.


Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto Jan 2026

Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto

Student Works

No abstract provided.


Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman Jan 2026

Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman

Student Works

No abstract provided.


Expanding Clinical Understanding Of Suicidality In Queer Adolescents, Garrett Cash Jan 2026

Expanding Clinical Understanding Of Suicidality In Queer Adolescents, Garrett Cash

Doctor of Psychology (PsyD)

Suicidality is seen at an exceptionally high rate for both sexual minority and gender minority youth (Zaza et al., 2016; Thoma et al., 2019). The American Psychological Association (APA) has set out guidelines for mental health providers working with queer youth (APA 2015 and APA 2021) but does not require clinicians to adhere to them, labeling them as “aspirational.” To bridge the gap in clinician education on how to best support this group, an organizing framework based on etiological and preventative research is necessary. This would allow providers to more accurately and efficiently assess and respond to risk. The Salience-Occurrence …


Religiosity And Political Affiliation As Moderators For Climate Change Belief, Jenna L. Hiljus Jan 2026

Religiosity And Political Affiliation As Moderators For Climate Change Belief, Jenna L. Hiljus

Doctor of Psychology (PsyD)

Climate change remains a polarized issue in the United States despite broad scientific consensus. The present study examined how specific variables within political ideology (social and economic conservatism) and religiosity (belief, praxis, and morality) relate to climate change belief among undergraduate students at a private Christian university. Participants (N = 130) completed measures of climate change perceptions, multidimensional religiosity, and social and economic conservatism. Correlational analyses showed medium-sized, negative relationships between climate change belief and both social and economic conservatism, with no significant difference between the two domains. This finding suggests that political conservatism may operate as a unified construct …


The Perfect Ten: How Perceived Sport Performance Outcomes And Other Factors Impact An Athlete’S Body Image, Mia Asuncion Jan 2026

The Perfect Ten: How Perceived Sport Performance Outcomes And Other Factors Impact An Athlete’S Body Image, Mia Asuncion

Doctor of Psychology (PsyD)

The present study investigated factors that influence body image in collegiate athletes before and after competition. Existing research has focused on factors such as sex differences and aesthetic versus non-aesthetic sports, but there is limited research on factors such as an athlete’s view of their performance, the weight pressures an athlete faces from external supports, and the interplay of these variables. Participants (n = 53) filled out a questionnaire 24 hours prior to, and following, a competition. They rated body image disturbance, subjective performance satisfaction, and weight pressures from external systems. Results showed a relationship between body image disturbance and …


Front Matter Jan 2026

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.


Trained, Trusted, And Vetted, But Still Unarmed: The Army Is Bucking Congress And The Court By Continuing To Prohibit Concealed Carry, Major Jonathon L. Krisko Jan 2026

Trained, Trusted, And Vetted, But Still Unarmed: The Army Is Bucking Congress And The Court By Continuing To Prohibit Concealed Carry, Major Jonathon L. Krisko

Dickinson Law Review (2017-Present)

The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment …


Remarks On The College Athlete As Employees In The Name, Image, And Likeness Landscape, Dan Nash Jan 2026

Remarks On The College Athlete As Employees In The Name, Image, And Likeness Landscape, Dan Nash

Dickinson Law Review (2017-Present)

No abstract provided.


Complying With Title Ix In The Nil Era, Benjamin Moyer Jan 2026

Complying With Title Ix In The Nil Era, Benjamin Moyer

Dickinson Law Review (2017-Present)

On July 1, 2021, college athletics forever changed when the NCAA allowed college athletes to receive financial compensation for the use of their Name, Image, and Likeness (NIL) in endorsements and other marketing engagements. While NIL has empowered college athletes and enabled them to profit from their athletic abilities, it has also thrown the college sports industry into chaos. The House v. NCAA settlement agreement, which was officially approved on June 6, 2025, was expected to establish better guardrails for universities. However, the agreement’s approval may only increase universities’ exposure under Title IX. Part of the House settlement agreement enables …


It’S Gone To The Dogs: The Need For Regulation In Professional Service Dog Training, Crystal J. Elsner Jan 2026

It’S Gone To The Dogs: The Need For Regulation In Professional Service Dog Training, Crystal J. Elsner

Dickinson Law Review (2017-Present)

Currently, no state requires professional service dog trainers to pass any test or obtain any occupational licensure to prove their competency. While the Americans with Disabilities Act and its implementing regulations do not require that dogs complete a professional training program to be considered service dogs, many individuals with disabilities choose to use such programs. The unregulated nature of the industry allows inexperienced individuals to market themselves as professionals, which can harm not only the dogs receiving training but also the humans that will eventually take them home. Further, the lack of industry oversight leaves room for bad actors to …


Front Matter Jan 2026

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.


The Future Of Title Ix After House V. Ncaa, Abigail Perkiss Jan 2026

The Future Of Title Ix After House V. Ncaa, Abigail Perkiss

Dickinson Law Review (2017-Present)

In October 2025, attorneys representing current and former Division I college athletes filed preliminary briefs in the Ninth Circuit, calling on the appellate court to reverse the settlement in House v. NCAA,1 which in April 2025 turned intercollegiate athletics on its head. The brief argued that the terms of the settlement stand in violation of Title IX of the 1972 Educational Amendments, the legislation that prohibited sex-based discrimination in education programs and related activities that receive federal funding. According to the settlement terms, 90 percent of the backpay is earmarked to fund men’s football and basketball players, 5 percent …


Advocating For Cause: The California Recall Process Needs A Purpose, Mary-Beth Moylan Jan 2026

Advocating For Cause: The California Recall Process Needs A Purpose, Mary-Beth Moylan

Dickinson Law Review (2017-Present)

Democratic systems and the tools that sustain them need to operate by the people and for the people with consideration to the realities of the era in which they exist. The use of direct democracy, and in particular the recall process, in recent decades suggests that what was once a progressive reform intended to ensure good government has now become a political tool for stoking partisan disruption. It is time for a close look at how and why some states continue to allow for recall and the circumstances under which a recall election should be called. During the COVID-19 pandemic, …


A Level Playing Field: Title Ix, The House Settlement, And A Sustainable Solution For College Athletics, Delaney Sniffen, Kirk Wolff Jan 2026

A Level Playing Field: Title Ix, The House Settlement, And A Sustainable Solution For College Athletics, Delaney Sniffen, Kirk Wolff

Dickinson Law Review (2017-Present)

Collegiate student-athletes are increasingly viewed as employees by scholars, judges, and the market, though not yet by colleges or Congress. As stakeholders press Congress to clarify, universities must balance NLRA labor rights for athletes who likely meet the employee test with Title IX obligations tied to federal funding; neither can be sacrificed. This Essay traces gender discrimination that constrained women’s sports; explains why many athletes satisfy the NLRA employee test; and underscores Title IX’s central role in women’s equal participation. It shows how recognizing athletes as employees would modify the Title IX analysis and create tension between collective bargaining and …


Administrative Self-Constitutionalism, Brian Lipshutz Jan 2026

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …


Legislative Debate-Attributed Suicidality Among Lgbtq+ Adults: The Buffering Effect Of Community Belongingness, Keith J. Watts, Shawndaya S. Thrasher, Laneshia R. Conner, Nicole Campbell, Louis G. Baser, Dekeitra Griffin, Sydney P. Howard, Missy Spears, Justin X. Moore Jan 2026

Legislative Debate-Attributed Suicidality Among Lgbtq+ Adults: The Buffering Effect Of Community Belongingness, Keith J. Watts, Shawndaya S. Thrasher, Laneshia R. Conner, Nicole Campbell, Louis G. Baser, Dekeitra Griffin, Sydney P. Howard, Missy Spears, Justin X. Moore

Counseling & Human Services Faculty Publications

Background: In recent years, the sociopolitical landscape in the United States has shifted due to an increase in state-level legislation regarding LGBTQ+ rights, a trend that has been particularly pronounced in the Commonwealth of Kentucky. While the mental health impacts of enacted laws are increasingly documented, a critical gap remains in understanding the psychological toll of the legislative debates themselves—the prolonged periods of public discourse surrounding the restriction of rights. Methods: Utilizing data from the 2025 Queer Kentucky Survey (N = 817), this exploratory study examined the association between LGBTQ+ community belongingness and acute suicidality attributed specifically to anti-LGBTQ+ legislative …


Asynchronous Lgbtq+ Affirming Counseling Training With Early Career Counselors: A Mixed Methods Program Evaluation, Amber L. Pope, Kelli Hartzell, Matt B. Siroty, Jeff Moe, Noelle St. Germain-Sehr, Bianca R. Augustine, Amanda St. Germain-Sehr, Tai Lexumé Jan 2026

Asynchronous Lgbtq+ Affirming Counseling Training With Early Career Counselors: A Mixed Methods Program Evaluation, Amber L. Pope, Kelli Hartzell, Matt B. Siroty, Jeff Moe, Noelle St. Germain-Sehr, Bianca R. Augustine, Amanda St. Germain-Sehr, Tai Lexumé

Counseling & Human Services Faculty Publications

A growing body of research shows that training in LGBTQ+ affirming counseling (LGBTQ+ AC) positively impacts counselors’ perceived knowledge and skills in providing mental health services to LGBTQ+ communities. Existing program evaluations of LGBTQ+ AC, however, have primarily used synchronous delivery formats and cultural competency models for the training design. This study is part of an action research agenda to develop an introductory training in LGBTQ+ AC, using asynchronous online delivery and cultural humility as the conceptual framework for the training design. We used a fixed convergent parallel mixed methods quasi-experimental design to examine the impact of our LGBTQ+ AC …


Broaching The Intersectionality Of Race And Disability In School Counseling, Aaron Albright, Emily Goodman-Scott, Jenna Alvarez, Rawn Boulden Jan 2026

Broaching The Intersectionality Of Race And Disability In School Counseling, Aaron Albright, Emily Goodman-Scott, Jenna Alvarez, Rawn Boulden

Counseling & Human Services Faculty Publications

Students of color with disabilities experience compounded inequities. This conceptual article details these compounded inequities. The authors provide a review of the literature related to inequities in education, culturally affirming antiracist school counseling, intersectionality, and broaching. Next, the authors provide a rationale for implementing Day-Vines and colleagues’ multidimensional model of broaching behaviors (MMBB) in school counseling with students of color with disabilities. Then, the authors use the MMBB heuristic to conceptualize practical guidelines for school counselors to engage in direct broaching with their students. These guidelines are tabulated with a description of the four broaching dimensions and their aim within …


"Oh, You've Come To Visit The Yard?": Phenotypic Capital, Intragroup Marginalization, And The Gated Sanctuary In Black Lgbtq+ Communities, Keith J. Watts, Shawndaya S. Thrasher, Nicole Campbell, Laneshia R. Conner, Julian K. Glover, Janet K. Otachi, Dekeitra Griffin Jan 2026

"Oh, You've Come To Visit The Yard?": Phenotypic Capital, Intragroup Marginalization, And The Gated Sanctuary In Black Lgbtq+ Communities, Keith J. Watts, Shawndaya S. Thrasher, Nicole Campbell, Laneshia R. Conner, Julian K. Glover, Janet K. Otachi, Dekeitra Griffin

Counseling & Human Services Faculty Publications

Identity-based communities that share common characteristics, beliefs, and experiences (e.g., Black LGBTQ+ communities) have historically been conceptualized as protective bubbles that buffer Black LGBTQ+ individuals against the deleterious effects of systemic racism and cisheterosexism. However, this monolithic narrative often masks the internal power dynamics that divide belonging. This study explores the exclusionary dynamics embedded within these safe spaces, examining how internal hierarchies of skin tone, socioeconomic status, and gender performance function as proximal stressors. Guided by a critical constructivist paradigm, this study utilized Reflexive Thematic Analysis to analyze open-ended survey responses from 74 Black LGBTQ+ adults. Data were drawn from …