Digital Commons Network^™

Behind The Suit: How Recovering A Biblical Worldview And Implementing Spiritual Formation Practices Can Improve The Mental Health Crisis In The Legal Profession, Makayla G. Johnson

Senior Honors Theses

A Biblical worldview is the foundation upon which the United States government and legal system is built, however in recent years the understanding of a Biblical Worldview has been in decline. This shift has had a profound impact on the legal field, causing a loss of purpose and meaning in the profession, which research asserts has in part caused many mental health issues found in the legal field. With this in mind, the following study will include information regarding the extent to which the implementation of spiritual formation practices, when practiced specifically by those in the legal profession, could impact …

Why A “Blog” For Law, Ethics & Public Policy?, Declan M. Hurley, Jack Manning

Notre Dame JLEPP: In Limine

Hurley and Manning explain why JLEPP needs a new short-form publication--JLEPP In Limine--for relevant scholarly commentary.

Why Democratic Backsliding Is Legal: Judicial Legitimacy And Institutional Decay In The United States, Sherlyn Ochoa

Posters - 2026

“In the United States, democratic backsliding is not a violation of the law—it is increasingly a product of it.” Democratic change often occurs through judicial interpretation Courts shape rights, participation, and equality Focus: how judicial legitimacy allows major democratic shifts—both expansion and restriction of rights

Destruction, Possession, And Power: The Treaty Of Hartford As A Prototype For United States Indian Policy, Madyson Anne Buchalski

Theses and Dissertations

Amidst a growing interest in the field of Native American legal history, this article aims to bridge a gap in the scholarship between the colonial period and the United States’ nineteenth- and twentieth-century federal Indian Policy. By examining the terms presented in the lesser-known Treaty of Hartford, signed in 1638 following the Pequot War, it is demonstrated that many foundational legal precedents which reappeared in later centuries emerged much earlier than typically assumed. By highlighting this overlooked agreement and comparing it against later proceedings, this article takes a fresh approach to Native American legal history by drawing a throughline from …

Preempting Pre-Approval: Clarifying Preemption Doctrine For Product-Liability Suits Against Brand-Name Drug Manufacturers, Nicholas G. Wallenburg

Vanderbilt Law Review

One of the most important issues for product-liability lawsuits against drug manufacturers today is federal preemption. Plaintiffs injured by prescription drugs regularly turn to state tort law for a remedy. Defendants in these cases—often brand-name drug manufacturers—frequently invoke preemption doctrine to argue that the Food and Drug Administration’s (“FDA”) rigorous approval process for prescription drugs has displaced state causes of action. While the text of the Food, Drug, and Cosmetics Act does not clearly address this issue, the U.S. Supreme Court has relied on a so-called “impossibility” theory of preemption: When a drug manufacturer cannot comply with the duties imposed …

“You Can’T Post That!”: Constitutionality Of Non-Disparagement Orders Barring Divorced Parents’ Social Media Posts, Kaitlyn B. Hammond

Vanderbilt Law Review

When a marriage goes wrong, a court may use a non-disparagement order to prevent a party from speaking negatively about another in some way, either permanently or temporarily. Family courts often use non-disparagement orders to protect parties or their children from psychological harm during divorce or child-custody proceedings. In such cases, non-disparagement orders forbid parents from denigrating one another in front of their children and/or third parties. To protect the child, non-disparagement orders are often imposed upon both parents by the court. But courts do not always protect children and other parties from disparagement in this way. Although non-disparagement orders …

Exploring The Definition Of Child Poverty : For Consideration Of Legal Policy, Kazuko Ikeya, Fumie Adachi, Kazutoshi Imade

Japanese Society and Culture

We explore the definition of child poverty for consideration of legal policy.

Survey of the actual situation in local governments and private organizations concerning child poverty.

① Some parents don’t know how to prioritize their spending, and there are cases where parents don’t provide for their children.

② This cannot be addressed only with financial investment.

It is inappropriate to define child poverty only by low household income. It should also be

defined as whether children are being provided for through their development.

Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann

Faculty Publications

For people to effectively share an environment, they usually also must effectively share knowledge about that environment. While seemingly obvious and intuitive, this insight is often overlooked in literature about governing resources as commons. Focusing on the knowledge commons associated with an environmental commons helps to illuminate a host of complex governance dilemmas. This chapter examines the interrelationship between environmental and knowledge commons, weaving together different strands of commons research and practice. Examples discussed include shared pastures, forests, road systems, computer servers, social media platforms, living rooms, and antimicrobial effectiveness/resistance.

Turning Point: Usa, 2020 Election Denialism And Its Consequences, Zack George

University Honors Theses

Current President of the United States, Donald Trump interrupted the peaceful transfer for power for the first time in 250 years. In the typical study of the events surrounding this interruption, much focus is made on the events of the January 6th Capitol Riot. Firstly, this thesis examines the 2 months in the leadup to the 2020 election and how the Trump administration acquired and attempted to execute their plans to commit a self-coup, keeping the administration in power in the face of the election victory and transition to the Presidency of election-winner, Joe Biden. Secondarily, it will contextualize and …

The House Of Ai: Intellectual Property Law As It Relates To Generative Ai And Fashion, Abhilasha Praveen

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Over the past decade, artificial intelligence has permeated nearly every aspect of society, yet American legislation in this field remains largely archaic. The absence of specific legislation governing generative AI in the United States has led to numerous intellectual property (IP) and copyright disputes, infringing on both creator’s rights and discouraging innovation. Given the rapid evolution of generative AI in society, comprehensive legislative action is necessary to establish clear guidelines balancing intellectual property rights with the need for innovation through technological advancement. While this issue spans multiple industries, this article focuses on fashion, examining how AI regulation can foster innovation …

Cataclysm Within The Court: The Bosnian Genocide Case And Its Implications On Historical Understanding Of Calamity, Alexandria Currier

The Kennesaw Journal of Undergraduate Research

The Bosnian Genocide remains one of the most challenging cases within the history of modern conflict and calamity. As the first occurrence in which the International Court of Justice applied the Convention on the Prevention and Punishment of the Crime of Genocide to a state, the International Court of Justice's legal proceedings on the Bosnian Genocide set a new standard for the obligations of the international community to act in the occurrence of genocide. This research aims to clarify the nature of the 1992-1995 conflict between the nations of Serbia-Montenegro and Bosnia-Herzegovina using primary source documentation, modern commentary, and the …

Penal Protection For Women In Jordan: How Compatible Are International Agreements And Jordanian Legislation?, Hasan Altarawneh, Hamzeh Abu Issa

Journal of International Women's Studies

This article analyses the degree to which Jordanian penal legislation conforms to international human rights standards regarding the protection of women from violence, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Bangkok Rules. Jordan has implemented legislative reforms targeting gender-based violence; however, these reforms are incomplete, disjointed, and frequently misaligned with international standards. This study employs a doctrinal methodology to analyse Articles 292–311 of the Jordanian Penal Code and associated procedural rules, assessing their substantive and procedural provisions in relation to international legal obligations. This analysis includes rulings from the …

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Use Laws Of Attraction: The Gravitational Pull Of A U.S. Space Court, Caleb Zachary Morris

Georgia Journal of International & Comparative Law

No Man’s Land Another crude mission into the darkness we’ve dreamed, our intuition scream, and with no one there to hear it the truth of our condition only ever harkens to the meanings and the means we rectify with words and spirits. Yes, the human mind cannot help but defy conventions, intentional or otherwise, necessity always inspiring invention. —Stan Vilensky

The Right To A Fair Trial In International Law And African Experiences, John Mukum Mbaku

Georgia Journal of International & Comparative Law

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, …

Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga

St. Thomas Law Review

Social media has become a double-edged sword in our current digital era, bringing both serious advantages and disadvantages to the forefront of domestic and international discussions. Social media has become a weapon in political, cultural, and even military conflicts due to the spread of unregulated content, despite it enabling people to interact, share information, and voice their opinions. Social media has facilitated the spread of hate speech, propaganda, and false information, which in turn distorts realities and shapes narratives and opinions. Social media's effect on both a domestic and global scale have been catastrophic, ranging from promoting violence to further …

Closing The Open Door: Curbing The Corporate Exploitation Of Tax Loopholes, Michael Fouladi

St. Thomas Law Review

Corporate America has long been the standard for business, serving as a beacon of hope to aspiring pioneers, entrepreneurs, liars, cheats, and frauds. With the rise of consumerism, citizens have become increasingly reliant on goods provided by corporations for their survival, as a result of local and familyowned businesses slowly disappearing due to acquisitions, takeovers, or bankruptcy filings. Subsequently, corporations today are more profitable, accounting for inflation, than ever before in American history. Ironically, however, corporate taxes are contributing less to the United States (U.S.) Gross Domestic Product (“GDP”) than ever before. Through the current system of tax collection, revenue …

Platforms, Power, And The Public Square: The Debate On Editorial Rights In The Age Of Social Media, Donovan Smith

St. Thomas Law Review

Social media has taken a hold on society and continues to tighten its grip; its influence is undeniable. Today, billions of people all over the world use social media for news, weather updates, communication, commerce, and self-expression every day. With the increasing dependence on social media, it is essential that the civil liberties and fundamental rights of social media users remain protected. Over the last decade, censorship of users and content on social media has become a key political talking point, especially when coupled with concurring events like elections and global pandemics. But is any of this censorship even allowed? …

The Direct-Derivative Divide In Florida Shareholder Litigation, Itai Fiegenbaum

St. Thomas Law Review

This Article analyzes the evolving jurisprudence surrounding the classification of shareholder claims in Florida business entity litigation. Shareholder and member lawsuits take one of two forms: direct claims, which allege personal harm to the entity owner, and derivative claims, which seek redress on behalf of the entity. While both aim to deter insider misconduct and ensure accountability, the procedural posture and practical consequences of each are dramatically different. Direct claims allow shareholders immediate access to judicial relief. Derivative claims, by contrast, impose significant procedural hurdles that often preclude review on the merits. The proper classification of a claim is therefore …

Putting The L In Elsi: Legal Methods For Bioethics Research, Anya E R Prince, Benjamin Berkman, Donald Ford, Dov Fox, Christi Guerrini, Amy Koopmann, Natalie Ram, Jessica L Roberts, Kayte Spector-Bagdady, Sonia Suter

Center for Medical Ethics and Health Policy Staff Publications

Lawyers and law professors are increasingly involved in interdisciplinary scientific teams and grant research to answer ethical, legal and policy questions related to biomedical topics. Yet, the methods that lawyers use to conduct legal research and analysis are not always familiar to scientists and social scientists conducting peer review of a proposed project with legal aims or a publication reporting a legal study. To better facilitate interdisciplinary ethical, legal, and social implications collaboration, there is a need to better explain how legal research methodologies can provide robust tools to address a range of nuanced biomedical questions. This paper explores …

The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell

Saint Louis University Law Journal

With the end of the Cold War, United States presidents have shown growing disinterest in complying with the United Nations Charter prohibition on the use of force. Their legal advisers have based justifications for resort to military force on ever thinner legal grounds to the point that justifications appear to focus only on the legal principles governing the conduct of military force, not on the right to resort to force in the first instance. Samuel Moyn captured the phenomenon in his book, Humane: How the United States Abandoned Peace and Reinvented War. The phenomenon of decline has not stopped with …

Foreword, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

No abstract provided.

Lawyering On The Eve Of War: The Role Of Law And Lawyers In Ethiopia’S Civil War, 2018–2024, Mekonnen F. Ayano

Dickinson Law Review (2017-Present)

What role do lawyers play when a nation stands at the brink of war? This Article examines how Ethiopia’s legal profession navigated escalating political instability in the years leading up to the country’s devastating civil war (2018–2022). It traces how private attorneys, judges, prosecutors, government legal advisors, human rights advocates, consultants, and law academics engaged with shifting power dynamics, ethical dilemmas, and political tensions, revealing their complex positioning as both actors and intermediaries in the unfolding crisis. Some resisted factional political pressures and sought to uphold legal principles, while others adapted to the fragile conditions and aligned with prevailing currents, …

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

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 …

Guilty Till Proven Innocent: Pennsylvania’S Battle With Eyewitness Misidentification And Wrongful Convictions, Chante Whyte

Dickinson Law Review (2017-Present)

In his dissent in Watkins v. Sowders, Justice William J. Brennan of the United States Supreme Court found, “[T]here is almost nothing more convincing than a live human being who takes the stand, points a finger at the defendant, and says ‘That’s the one!’” Eyewitness identifications play a crucial role in the investigation and prosecution of crimes. However, the reliance on eyewitness testimony has also given rise to a significant issue within the criminal justice system: eyewitness misidentification. This phenomenon is now recognized as the leading cause of wrongful convictions in the United States. Over the years, extensive scientific and …

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 …

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 …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …