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Discern Magazine Fall 2026 Excerpt About New Faculty Hires, Santa Clara Law

Historical and Topical Legal Documents

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Information Law Pluralism, Hannah Bloch-Wehba

Faculty Scholarship

Information-intensive activities are reshaping political, social, and economic institutions. As they respond to these shifts, legislators and regulators are embracing information as a regulatory device for tech. Far from limiting themselves to public disclosure, consumer notice, and other traditional mechanisms of fostering transparency and information flows, however, legislators are using other, more nuanced tools to incentivize regulated entities to obtain, generate, and share information.

This Article maps the landscape of the emerging information-based regimes for regulating tech and assesses their conceptual and practical implications. It canvasses an extensive set of recently enacted laws regulating the information economy and shows that, …

Moral Progress In Legal Doctrine, Philip Petrov

Faculty Scholarship

This article integrates the concept of moral progress – here, moral improvement in the thinking and behavior of individuals over time – into the study of legal doctrine. The article first presents a naturalistic account of what moral progress is and describes three of its most historically and analytically important forms: (1) moral circle expansion, (2) moral domain expansion, and (3) increasing sensitivity to proportionality. The article then analyzes three historical developments in U.S. tort law that qualify as instances of moral progress: (1) the partial demise of the “suicide rule” beginning around the 1980s (according to …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Le Parcours Des Travailleurs Immigrants Blessés Et Son Incidence Sur L’Alliance Thérapeutique : Une Étude De Cas Longitudinale En Contexte De Réadaptation Au Travail Au Québec, Maude Arsenault, Jessica Dubé, Daniel Côté

Études primaires

Cette étude explore l’incidence du parcours prélésionnel des travailleuses et travailleurs immigrants (TI) blessés sur l’alliance thérapeutique (AT) en réadaptation au travail. À partir d’une ethnographie longitudinale menée dans une clinique québécoise, sept trajectoires ont été analysées selon leurs dimensions migratoires, socioprofessionnelles et linguistiques. Les résultats montrent que le déclassement professionnel, la précarité de l’emploi, les barrières linguistiques et les expériences de racisme fragilisent la construction du lien de confiance et la définition partagée des objectifs de retour au travail. Lorsque l’emploi prélésionnel est perçu comme transitoire ou inadéquat, l’obligation institutionnelle d’y retourner crée une rupture symbolique qui entre en …

Exposing The Work Of The Market Through The Case Of Alternative Provision For English School Students, Nick Pratt, Elizabeth Done, Sam Morahan

School of Law, Humanities and Social Sciences

Pupils in England who for some reason are not able to attend school often find themselves in Alternative Provision (AP). These are special arrangements designed to address their specific needs and help them return to mainstream schooling. AP involves a financial agreement between the provider and the organisation that commissions the provision and thus operates as an explicit form of education market in which educational services are traded directly for financial recompense. We report on a case study of one AP provider in the South-West of England undertaken over a one-year period which generated data through individual, semi-structured interviews and …

The Career Choices Of Final Year Nursing Students In The United Kingdom: A Qualitative Study., Kevin Hambridge, Frazer Underwood, Gosia Bettache, Matt Carey, Halil Kaya, Lisa Burrows, Rachel Tims, Christian Brailsford

School of Nursing and Midwifery

Aim: The aim of this study is to explore the career choices of final year under-graduate nursing students in the United Kingdom. Background: Worldwide there is a decreasing number of nurses and in the United Kingdom there is a decreasing amount of nursing students. There is sparce evidence relating to the career's choices of nursing students and reasons for those choices. Obtaining a deeper comprehension of these choices may aid healthcare employers, in partnership with universities, to design the future nursing workforce. Design: A qualitative design was used. Methods: Twenty-one final year under-graduate nursing students from across a range of …

Involving Parents In Prevention: A Case Example Of Research And Intervention Development To Improve Financial Well-Being Support, Nick Axford, Gisella Hanley, Rebecca Summers, Kristin Liabo, Amy Bond, Eleanor Bryant, Georgia Smith, Rachel Silcock, Vashti Berry

Peninsula Medical School

The adverse effects on parent and child outcomes of poverty and stressors associated with low income are well established. With notable exceptions, however, the potential role of frontline services in improving family financial well-being is underexplored. This article outlines how patient and public involvement (PPI) was initiated early on in research on financial well-being support (FWbS). It illustrates how research can build on and integrate what parents say about services and how to research them. The involvement work was undertaken in one city in part to inform the adaptation of an income maximisation service to be delivered in local children’s …

Visual And Rhetorical Analysis Practices In The Sociology Classroom: A Focus On “Zombie” And Derry Girls, Kate Antosik-Parsons, Ann Johnson, Danielle Nielsen, Diane Sabenacio Nititham

Journal of Excellence in College Teaching and Learning

The purpose of this article is to provide a lesson that uses readily available and relatable popular media to address contemporary social issues and ongoing global concerns. Using sociological theories and rhetorical analysis, our three-day activity, “Public Art, Place, and Global Conflict” introduced students to The Troubles, the ethno-national conflict in Northern Ireland that lasted from the late 1960s to 1998. We taught visual media analysis to identify multidimensional social dynamics in the protest song and music video “Zombie” by Irish band The Cranberries (1996), and two episodes of the TV show Derry Girls (2018-2022), a teen sitcom by Lisa …

Sustainable Development And Faith, Tony Kealy

Research Outputs: 2025-Present

The contribution of faith-based input to the broader idea of sustainable development has not been widely acknowledged in the traditional sense; however, recent global events suggest it may warrant further exploration. This qualitative study examines how faith-based activities, such as missionary work, have historically and can continue to contribute significantly to the environmental, economic, and human/social aspects of organizational decision-making. The focus is on the Catholic faith, specifically the role played by the Irish-based Medical Missionaries of Mary religious congregation in the mid-to-late twentieth century. An initial literature review was conducted to gather information from various sources to define sustainable …

“I Don’T Always See A Future For Me Here”: Oppressive Political Pressures On Lgbtq+ College Students’ Well-Being, Jodi Linley, Olivia M. Copeland, Kathleen J. Buell, Cindy Ann Kilgo, Megan Pendleton, Alex C. Lange, N F. Tennessen

Journal of Queer and Trans Studies in Education

In recent decades, colleges have broadly supported LGBTQ+ students. Now, institutions have shuttered LGBTQ+ initiatives in response to political pressures, with little consideration for the effects on students. This study answers the question, what current policy factors do LGBTQ+ college students describe as affecting their well-being, and in what ways? We analyzed 426 responses from a multi-institution study of LGBTQ+ students. By and large, students feel anxious and fearful as they navigate the current climate. Our analysis illustrated numerous factors, from the President and his administration to states and general emboldened violence, and the real and potential consequences of those …

Researching A New Religious Phenomenon Of The Central Asia: Digital Sufism, Bekzhan A. Azhimov, Nurlan Kairbekov, Jolaman Bulan, Tussipkhan Imammadi

Occasional Papers on Religion in Eastern Europe

This study examines the emergence of digital Sufism as a modern spiritual phenomenon. It investigates the participation of Sufi groups on social media, the themes conveyed in their online sermons, and the ways their digital strategies compare with other Islamic organizations. The article further explores how Sufi orders navigate virtual environments, questioning whether they reveal elements of esoteric knowledge in these spaces. The notion of digital Sufism is presented as a lens for understanding how Sufi traditions integrate modern technology to widen the influence and relevance of their teachings. The research highlights how Sufism has adjusted to the challenges of …

Preservation Of Architectural-Religious Heritage In Modern Ukraine, Olga Gold, Maksym Vasalatiy, Olga Dobrodum

Occasional Papers on Religion in Eastern Europe

This article examines answers to a number of pressing questions regarding the preservation of architectural heritage in the modern world: what philosophical views underlie the preservation of world heritage; and what is unique about the protection of religious architectural heritage. The architectural philosophy of religious buildings represents a complex of original concepts, both material and spiritual. The hypothesis consists of constructing an algorithm and mechanism for protecting cultural heritage from the perspective of the philosophy of architecture in post-war Ukraine. The preservation of historical and cultural heritage sites is one of the most complex areas of activity in the fields …

Eurasianism As The Ideological Foundation Of Putin's Russia: Protestant Dimensions., Pavlo Pavlenko

Occasional Papers on Religion in Eastern Europe

This article explores the ideological foundations of contemporary Putinist Russia, identifying Eurasianism as a primary socio-philosophical and geopolitical doctrine driving the Kremlin's imperial ambitions. The author traces the evolution of Eurasianism from its origins in "White émigré" circles to its current role as a conceptual bedrock for Russian fascism. A comparative analysis is provided between Eurasianism and the "Russian World" (Russkiy Mir) doctrine, highlighting their distinct approaches to ethnocentrism and continental unity. A significant portion of the study is dedicated to the "Eurasianization" of Protestant denominations within the Russian Federation, illustrating how these communities have been instrumentalized by the state …

Challenges Of The Religious Leadership In The Era Of Digitalization And Information-Communication Technology: The Example Of North Macedonia And Serbia, Vesna Zabijakin Chatleska, Marijana Maksimovic, Ruzhica Cacanoska

Occasional Papers on Religion in Eastern Europe

Abstract

The rapid development of the digitalization and the information-communication technology resulted in their wider use in the everyday professional and personal life, via various forms of its manifestation, such as, social networks, podcasts and artificial intelligence. The willingness and the capability of the religious leaders to accept information and communication innovations, and to adjust them to the existing specific structure of the religious communities, presupposes a strategic re-thinking of the religious practices and the relations with the believers in the online space. New technologies have enabled simpler and faster communication in religious communities, but with the use of digital …

Socio-Psychological Portrait Of Muslim Women Who Joined Radical Religious Organizations, Akerke Sakbayeva, Nagima Baitenova, Zhuldyz Zhorabek, Assel Alimkhanova, Raimbek Zeinullin

Occasional Papers on Religion in Eastern Europe

This article examines the socio-psychological characteristics, motivations for radicalization, and the legal and social status of Muslim women who have joined radical religious organizations from gender and cultural studies perspectives. In recent years, the increasing involvement of women in violent extremist movements has intensified the need to investigate this phenomenon not only as a security issue, but also as a complex social, cultural, psychological, and gender-related phenomenon. The study analyzes both internal and external factors influencing the radicalization of women, including social marginalization, identity crises, emotional dependency, limited religious literacy, and perceptions of social injustice. Particular attention is given to …

Ten Signatories, A Hundred Communities: Pluralization Without Consolidation In Slovenian Protestantism, Katja Brkič Golob

Occasional Papers on Religion in Eastern Europe

This article examines why contemporary Slovenian Protestantism exhibits a dual structure: a low‑variance Lutheran core (the Evangelical Church of the Augsburg Confession - ECAC) and a high‑variance neo‑Protestant field (mainly Pentecostal, Charismatic, Evangelical, and some Baptist communities). Using the public Register of Churches and Other Religious Communities as an administrative tracer of organizational volatility (first registrations, renamings, deletions), and situating findings in census/survey context, the study shows that post‑1991 legal liberalization enabled rapid formalization without automatic consolidation. A four‑lens framework—historico‑legal, sociological (church–sect–mysticism; religious‑economy), ecclesiological (order vs. movement), and psychological (charisma and its routinization; risks of authoritarian patterns)—explains why tensions in …

An Interdisciplinary Approach To Understanding The Social Ministry Of The Orthodox Church Of Ukraine In The Context Of Christian Theology And Socio-Humanitarian Sciences, Rostyslav Didukh

Occasional Papers on Religion in Eastern Europe

The article presents a comprehensive interdisciplinary scientific and theological analysis of the social ministry of the Orthodox Church of Ukraine (OCU) in the context of Christian theology and socio-humanitarian disciplines. Modern approaches of Orthodox theology to the social mission of Christianity ensure the integrity of the development of the human and society. The need to ensure the coherence of theological concepts of the Orthodox Church social teaching with the existing church and parish life, church educational mission, theological education, and social work is emphasized. Special attention is paid to the interdisciplinary connections of Orthodox theology, religious studies, psychology, pedagogy and …

Islamic Identity In Post-Soviet Kazakhstan: Between Nation-Building And Global Religious Transformations, Ainur Adaikhan, Ainur Shormanova, Nurlan Orynbekov

Occasional Papers on Religion in Eastern Europe

This study examines the formation and expression of Islamic identity in Kazakhstan within the broader post-Soviet transformation of religion, nationhood, and state governance. Following decades of Soviet-imposed atheism, Islam re-emerged as a significant cultural and social force after independence in 1991. The objective of this research is to analyze how Islamic identity is constructed, expressed, and regulated in contemporary Kazakhstan, and to assess the interaction between ethnocultural belonging, institutional governance, and global religious influences. Methodologically, the study employs a mixed analytical approach combining theoretical interpretation, quantitative analysis of census and survey data, and institutional analysis of religious policy frameworks. Empirical …

Religion At The Bedside: Institutionalizing Medical Chaplaincy In Ukraine’S Secular Healthcare Space And Its Moral Tensions, Iryna Horokholinska

Occasional Papers on Religion in Eastern Europe

The author conceptualizes medical chaplaincy in Ukraine as a phenomenon of significance for society and its value sphere. It is emerging at the intersection of the secular healthcare system, the social functionality of religion, wartime trauma, and the growing need for spiritual and existential care. The study demonstrates that, in the context of full-scale war, the social relevance of medical chaplaincy is not merely a pragmatic response to psychological and moral challenges, but also a systemic manifestation of the post-secular transformation of the public sphere characteristic of both Ukraine and the contemporary world.

The article further examines the legal and …

Security Challenges For The Activities Of Religious Organizations During Russian-Ukrainian War, Iryna Kondratieva, Iryna Fenno

Occasional Papers on Religion in Eastern Europe

In the article authors identify the greatest security challenges for religious organizations of Ukraine during Russian-Ukrainian war. In conditions of martial law, external threats and risks associated with the existential dimension become particularly acute. In the context of armed conflict and military operations, issues of survival assume paramount importance. Religious communities, like all other civilian populations, incur substantial losses and are perpetually vulnerable during the active phase of armed conflict. Security challenges are defined by authors as the most significant factor in changes in religious life in Ukraine during martial law.  Among them authors examine in detail war crimes in …

Book Review: Dragan Todorović, Roma On The Waves Of Neoprotestantism (Protestantization Of Roma In Southeastern Serbia)., Ruzica Cacanoska

Occasional Papers on Religion in Eastern Europe

A review of Dragan Todorović, Roma on the Waves of Neoprotestantism (Protestantization of Roma in Southeastern Serbia), Niš: University of Niš, Faculty of Philosophy, 2025. 243 pp. ISBN: 978-86-7379-675-8.

Book Review: Reymont, Władysław. A Pilgrimage To Jasna Góra. Translated From Polish By Filip Mazurczak., John Grondelski

Occasional Papers on Religion in Eastern Europe

A review of Reymont, Władysław. A Pilgrimage to Jasna Góra. Translated from Polish by Filip Mazurczak. Waterloo, Ontario: Arouca Press, 2020. Pp. xxiv + 111. PB, $17.95. ISBN 978-1-989905-15-9. Also HB.

The Autonomy Of Bulgarian Theological Scholarship: Institutional Control And Discursive Transformation Under The Communist Regime (1944–1960s), Diana Petrova Tyurkedzhieva

Occasional Papers on Religion in Eastern Europe

The article examines the autonomy of theological scholarship in Bulgaria under the communist regime as part of the broader problem of academic freedom under authoritarian rule, focusing on 1944 to the 1960s. While existing research has primarily addressed the relationship between the Orthodox Church and the State through institutional restriction and political repression, this study analyses how theological scholarship was transformed institutionally and discursively. It combines historical and institutional analysis with an examination of speeches, public statements, and academic publications in ecclesiastical and theological periodicals. The article argues that the separation of the Faculty of Theology from Sofia University in …

Marriage Governance In Kyrgyzstan: Convergence And Divergence Between Secular Law, Islamic Norms, And Customary Practices, Aisuluu Adylbekkyzy, Zailabidin Azhimamatov, Aiitmamat Kariev

Occasional Papers on Religion in Eastern Europe

Marriage governance in Kyrgyzstan is shaped by the coexistence of secular law, Islamic norms, and customary law), creating a plural legal environment in which multiple sources of authority regulate family relations. This study examines how these normative systems interact in the governance of marriage, identifies areas of convergence and divergence, and explores their implications for legal legitimacy and family regulation. Employing a qualitative socio-legal methodology grounded in legal pluralism theory, the research draws on documentary and comparative analysis of legal texts, Islamic sources, official religious guidance, and relevant scholarly literature. The findings demonstrate that marriage governance in Kyrgyzstan operates through …

Transformation Of Spirituality: Religious Practices Of Ukrainian Youth During The Full-Scale War, Tetiana Bevz, Olena Hazizova, Viktoriia Kapustina, Serhii Maiatskyi

Occasional Papers on Religion in Eastern Europe

This article examines the transformation of spirituality among Ukrainian youth during the full-scale war and the changes in religious practices, motivations, and individualized faith in the context of existential crises, social upheavals, and mass population mobility. The impact of war on the role of religious institutions, including the development of institutional adaptability, the shift to horizontal communication models, and the decolonization of religious narratives, is analyzed. Particular attention is paid to the formation of “social religiosity,” when faith serves not only as a tool for individual spiritual practice but also as a tool for civic participation and volunteer initiatives. The …

Hybrid Identity And Religious Radicalization: On The Effectiveness Of Kazakhstan's State Policy, Sholpan Zhandossova, Marhabbat Nurov

Occasional Papers on Religion in Eastern Europe

This article examines the relationship between hybrid identity and religious radicalization in Kazakhstan, arguing that state policy has been built on a systematically inverted risk hierarchy. Drawing on secondary analysis of longitudinal sociological surveys, expert assessments, and official statistics, the article demonstrates that the intensity of religious practice is a statistically non-significant predictor of radicalization (ρ=+0.18; p>0.05), whereas identity fragmentation– the internal incoherence between competing ethnic, Soviet-secular, Islamic, and civic- Kazakhstani identity layers–carries the strongest positive correlation (ρ=+0.61; p<0.001). The normative architecture constructed between 2011 and 2024 is evaluated against these empirical predictors across four analytical levels: longitudinal trend analysis, regional identity profiling, factor correlation analysis, and institutional trust trajectories. The article finds that successive policy instruments have concentrated institutional resources on the weakest risk factor while leaving the strongest predictors structurally unaddressed. The post-2016 decline in registered criminal cases is attributed primarily to the organizational collapse of Islamic State of Iraq and the Levant as a recruitment structure rather than to domestic policy effectiveness. Trust in the state-affiliated religious authority declined by twenty percentage points over the period of maximum normative intensity–an outcome directly contrary to policy intent. The article concludes with three evidence-based corrective directions: reorienting the diagnostic framework toward monitoring identity fragmentation, recovering protective social factors as explicit policy targets, and restructuring formal religious authority to allow community-derived legitimacy to carry preventive functions.

Religious Norms In The Mechanisms Of Legal Regulation Of Freedom Of Conscience In Modern States, Mykola Lahodych

Occasional Papers on Religion in Eastern Europe

This article is devoted to role of religious norms in the legal regulation of freedom of conscience, with a special focus on the institutional interaction in modern democratic societies between religious organizations and the state, particularly in Central and Eastern Europe. The extant scholarly literature has addressed first and foremost the constitutional guarantees of religious freedom and church autonomy. However, less attention has been devoted to the institutional mechanisms through which religious norms operate within public administration. The study utilizes comparative legal analysis, institutional analysis, discourse analysis of official church documents and qualitative analysis of 28 judicial and institutional cases …

Religious Transformation In The Post-Soviet Space: On The Example Of Kyrgyzstan, Atabek Galmamatov, Sagynbek Kozuev

Occasional Papers on Religion in Eastern Europe

This article examines the process of religious transformation in post-Soviet Kyrgyzstan, focusing particularly on its institutional, social, cultural, and political dimensions. The study aims to identify the main characteristics of religious transformation, analyze the factors that have shaped its development, and assess its implications for contemporary Kyrgyz society. Methodologically, the research combines historical, comparative, and qualitative approaches to examine changes from the Soviet period to the present. The analysis demonstrates that the collapse of Soviet atheistic ideology and the expansion of religious freedom created favorable conditions for the revival of religious institutions, the growth of mosques and madrassas 1 , …

Faith Between Coercion And Freedom: Religious Policy, Repressions, And Cultural Memory In Ukraine From The Soviet Era To The Present, Andrii Fesenko, Illya Lukovenko

Occasional Papers on Religion in Eastern Europe

A comprehensive historical and religious studies analysis of the evolution of Church- state relations, repressive practices, and transformations of cultural memory in Ukraine from the Soviet era to contemporary wartime challenges. The mechanisms of Soviet "spiritual genocide" as an institutional prelude to the Holodomor are examined, accompanied by the destruction of religious infrastructure, confiscation of property, and deprivation of legal status of religious communities. The formation of the contemporary Ukrainian model of Church- state relations, which is grounded in the principles of religious pluralism, partnership, and the separation of Church and state as a direct antithesis to state-imposed totalitarian atheism. …