Digital Commons Network^™

Effects Of Expropriation Of Private Real Estate For Public Benefit In Saudi Law And Islamic Law, Hayat Mohammadali Hassan Nimir

Theses and Dissertations

The expropriation of private real estate for public benefit represents one of the most sensitive and complex legal issues, as it directly intersects with the protection of individual ownership rights while simultaneously addressing the demands of public interest and state development. This research provides a comprehensive analytical study of the legal framework governing expropriation in Saudi Arabia, examining both historical and contemporary legislation, while assessing its consistency with the objectives of Islamic Sharia, which grants strong protection to ownership rights but allows their restriction under strict conditions to serve genuine public needs.

The dissertation explores the theoretical foundations of property …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

The Impact Of War On The Value-Legal Aspects Of State-Confessional Relations In Ukraine, Tetiana Havryliuk, Oleg Buchma, Yulia Bohdan, Anna Hud

Occasional Papers on Religion in Eastern Europe

This article analyzes the latest developments in state-confessional relations in Ukraine that have formed as a result of transformations in the current legislation on religion and religious activity. These transformations were caused by the war of the Russian state against Ukraine, which actively uses religion for propaganda purposes. Spiritual values have become an important element of this propaganda. As demonstrated in the article, they contain a motivating component and therefore play a crucial role in transforming reality. The manipulation of values allows for situations where a tragic war is declared “sacred” and even blessed. The article shows that the amendments …

From Privacy To Profit: The Evolution Of Name, Image, And Likeness Rights And The Revolution In College Athletics Toward Collegiate Capitalism, Donald M. Remy

Dickinson Law Review (2017-Present)

The story of Name, Image, and Likeness (NIL) rights in American law is one of adaptation, transformation, and ultimately, revolution. What began as a modest recognition of personal dignity in the late 19th century has evolved into a multibillion-dollar framework that has fundamentally altered the landscape of college athletics. The journey from Samuel Warren and Louis Brandeis’s seminal articulation of the “right to be let alone” to the June 2025 approval of the House v. NCAA¹ settlement represents not merely a doctrinal evolution but a profound shift in how American society conceptualizes the relationship between identity, commerce, and fair …

Name, Image, Likeness And The Great American Pastime, Barbara Lauriat

Dickinson Law Review (2017-Present)

The ability of high-profile athletes to commercialize name, image, and likeness (NIL) rights is at the center of many current controversies about the future of college sports in the United States. This Article describes how what we call NIL protection— largely based on publicity rights doctrines developed in the mid-20th century—is historically recent, conceptually unstable, and insufficiently scrutinized, even though it now underwrites major entertainment markets in sports. Just as baseball is a sport particularly identified with the United States, there is also a peculiarly American approach to the protection of persona. Using baseball as the central case study, the …

Losing Your Driver’S License; Just What The Doctor Ordered?, Shawna Traver

Dickinson Law Review (2017-Present)

Having a medical scare or living with a chronic medical condition is a common experience for many people in the United States. But should you go to a doctor in Pennsylvania and tell them of your condition or experience, a little-known law may force the doctor to report you to the Pennsylvania Department of Transportation— without your knowledge. Once the report is received, the Department can recall your license. You can attempt to restore your license by attending a hearing, though you are fighting an uphill battle. Essentially, Pennsylvania drivers may be blindsided by a license recall merely because they …

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …

Pretrial Publicity In A Modern World: Exploration Of Defense Attorney Experiences And Perspectives, Giray Uzen

Honors Undergraduate Theses

This research examined how pretrial publicity, like statements made by law enforcement and prosecutors, affects criminal defense strategy. Using a qualitative, phenomenological design, interviews were held with practicing defense attorneys to understand how they deal with media coverage, protect their clients’ rights, and adjust their strategy when a case starts getting attention. The project identifies common themes, including attorney concerns about biased jurors, distorted narratives, and pressure created by public commentary. Findings work towards reforming policy discussions to respect free speech while protecting the constitutional right to an impartial jury in our modern media environment.

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 30, Issue 1.

Presidential Immunity: Before And After Trump, Thomas P. Schmidt

Vanderbilt Law Review

'All the officers of government," the Supreme Court said long ago, "from the highest to the lowest, are creatures of the law, and are bound to obey it." Despite that ringing and categorical language, however, the Court has held that the President-the "highest" and most powerful of all government officers-is "immune" from judicial oversight in several respects. Indeed, when the Court held last Term that former presidents are presumptively immune from criminal prosecution for officials acts, the dissenters warned: '`n every use of official power, the President is now a king above the law."

This Article unpacks the various presidential …

The Crisis In U.S. Cancer Care: Law, Markets, And Privatization, Daniel G. Aaron

Utah Law Faculty Scholarship

Cancer is surging among youth and young adults in the U.S., yet instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector.  A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise and transformed quasi-public institutions into marketized, profit-seeking entities.  These changes, across patent law, healthcare law, innovation law, and Food and Drug Administration (FDA) law, have privatized cancer. 

The market failures I describe in U.S. cancer care raise larger questions about who we entrust with managing critical social problems.  This Article provides theoretical …

The Concept Of Law In Biopower Duaa Nassar And Amer Shatara, Duaa Nassar, Amer Shatara

Journal of Arts and Social Sciences

The study aims to reveal the transformation of the concept of law in biopower, and the impact of this transformation on the formation of society. According to the perceptions of the French philosopher Michel Foucault, the concept of the norm emerged as an alternative to law, as the concept of law was transformed from a set of controls for the behavior of the individual or “citizen” in the state, to a “standard” based on discrimination between the population based on race and gender. The study follows a key question of how the norm as a legal alternative contributes to biopower …

Life In The Cracks: Law, Violence, And Resistance In Haiti, Marco Motta

Anthropology

A rich account of what it means to live with law amid its failures.

Life in the Cracks is a rich ethnographic portrait of law, violence, and resistance in Haiti. In a contemporary context marked by international interference, global capitalism, and state collapse, Haitians face complex challenges that are largely ignored and misunderstood. By examining the most unexpected inflections of ordinary life, Life in the Cracks offers a well-grounded account of people’s experience of law in their lives. The book describes what it means to endure violence partly engendered by the law, and thus to live up to one’s disappointment …

The Role Of Religion In Ensuring National Security In Kazakhstan, Nurzhan Arystanbekuly Tursin Nur, Mukhan Issakhan, Shamshadin Kerim, Kovalev Dmitriy, Kalimash Begalinova

Occasional Papers on Religion in Eastern Europe

This article explores the foundations of state policy aimed at ensuring religious stability in Kazakhstan. It analyzes the scientific basis of religious studies, principles of tolerance toward the country’s traditional religions, and the role of religion in maintaining national security. The methodology, goals, and objectives of the study are shaped by the interdisciplinary nature of the subject. The research examines state and interfaith relations, the development of freedom of religion, its integration into domestic and international law, and ways of resolving legal contradictions, traditions, and stereotypes. The theoretical framework relies on the works of domestic and foreign scholars devoted to …

Candid Traffic Cameras: Why Illinois’S Automated License Plate Reader System Should Be Restricted, Michael Lathwell

Northern Illinois University Law Review

This article examines the constitutionality of automated license plate reader (ALPR) cameras. ALPR cameras are permanently affixed on the highway and record the license plate number of every passing vehicle. The system is used by police to locate stolen vehicles, track fleeing suspects, and for other crime prevention purposes. In 2019, the Tamara Clayton Expressway Camera Act was passed by the Illinois General Assembly, which allowed for the installation of these cameras in Illinois. But the constitutionality of these cameras has been challenged as a Fourth Amendment violation, because although the camera network has many valid purposes, it also poses …

Above The Law? Exploring Satellite Surveillance Under The Illinois Bill Of Rights, Maxwell A. Ruttenberg

Northern Illinois University Law Review

Since the Soviet Union’s launch of the Sputnik 1 satellite in 1957, our atmosphere has seen a boom in the number of satellites in orbit. Today, it is estimated that there are between five and ten thousand satellites in orbit, most of them owned by private corporations. Our skies will continue to be filled in the coming years as current players increase their satellite fleets, new players arise in the aerospace industry, and nations continue their focus on the uses of space exploration and technology. With the increase of satellites above, communities must now be on alert to an invasion …

From Margins To Mandates: The Ocean’S Emerging Role In Climate Law And Policy, Kilaparti Ramakrishna

New England Journal of Public Policy

For much of modern history, the ocean was treated as a boundless resource rather than as a living system central to planetary climate stability. Scientific advances over the past two decades have revealed the ocean’s indispensable role in regulating climate by absorbing more than 90 percent of excess heat and nearly a third of anthropogenic carbon dioxide. Yet this buffering capacity is eroding as unchecked greenhouse gas emissions drive warming, acidification, and sea level rise. Protecting ocean health has therefore become inseparable from stabilizing the climate, making ocean stewardship and climate action an indivisible imperative.

This article traces the evolution …

Hey, Bruh . . . I Mean, Your Honor—The Evolution (Or Devolution) Of Legal Communications In Modern Times, Michael J. Fleck

Northern Illinois University Law Review

The ability to effectively communicate, whether such communication is oral or written, is a primary tool in any lawyer’s toolbox. How we communicate is a reflection on our level of professionalism, both as individual attorneys, and as the legal body at large. It is how we convey ideas with our client, with our colleague, and with the court. It is how we persuade through legal reasoning. There is no doubt that the style of communication has evolved over time. One need only to read legal opinions from a century ago to see what was acceptable as proper communication. The standard …

Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan

Northern Illinois University Law Review

The transportation of contraband such as controlled substances, illegal firearms, stolen items, and proceeds from criminal activities can take many forms and are subject to the ever-evolving creative efforts by traffickers and criminal organizations to avoid detection by law enforcement. However, one of the simplest and most straightforward mechanisms of transport is in hidden or “trap” compartments in motor vehicles. However, given the legitimate use of discreet compartments (sometimes referred to as “automotive safes” or “traps”) in motor vehicles to secure personal items, important paperwork, and even licensed firearms, a question arises as to whether hidden and false compartments in …

Electronic Will Legislation: A Comparison Of The Uniform Act And Illinois, Jada Stephens

Northern Illinois University Law Review

The Illinois Wills and Remote Witnesses Act is a body of law that was created in response to evolving technology and the COVID-19 pandemic. It addresses how electronic wills and remote attestations should occur in Illinois. Picking up where the executive order allowing for remote attention in Illinois left off, the passing of this Act solidifies processes that allow for different modes of estate planning and attestation to occur. Pennsylvania will be examined as a state that exemplifies the consequences of a lack of electronic will legislation. Illinois is not the first and most likely will not be the last …

Formalism In Jewish Law, Chaim Saiman

Faculty Publications

Scholars differ as to the degree to which Jewish law is formalistic. This chapter aims to make sense of the debate surrounding formalism in Jewish law by distinguishing between three types of legal formalism: classic formalism, modern formalism, and detail-following formalism. Viewed through the lens of modern formalism, Jewish law is likely less formalistic than commonly assumed as it is not primarily concerned with constraining decision makers. Nor is Jewish legal discourse typified by its unified conceptual schemas that proceed from abstract concepts to bottom-line decisions in the way that classical formalism proceeds. This chapter introduces an alternative framing termed …

Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal

Socio-Legal Review

This article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the …

Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians, James Roberts Jr.

Senior Theses

This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through …

The Lawyer: Fall 2025, Seattle University School Of Law

Lawyer

The Briefcase

Faculty Showcase

A look at the Technology, Innovation Law, and Ethics (TILE) Institute

Out & About

The Legal Writing Program's past, present, and future

Alumni Profile: Stephanie Nichols

Alumni Profile: Kelly Vomacka

Class Notes

Thou Shalt Not Castrate: The Conflict Between Louisiana’S Surgical Castration Law And The Principles Of Medical Ethics, Morgan Ambrosecchia

Dickinson Law Review (2017-Present)

In 2024, Louisiana became the first state to permit courtordered surgical castration for sex offenders who have been convicted of certain sex crimes against children. Under the law, an offender who refuses to submit to the procedure will face an additional three to five years in prison without the possibility of parole, probation, or suspension of sentence. The court’s order is contingent on confirmation by a court-appointed expert that the offender is an “appropriate candidate for surgery.” However, the statutory language is vague and does not clearly define who can serve as an expert nor does it define the scope …

Law As A Tool Of Empire: A Transhistorical Comparison Of Mandate Palestine And Ancient Rome, Will L. Hisle

Armstrong Undergraduate Journal of History

Through a comparative analysis of Law and Identity in Mandate Palestine by Assaf Likhovski, and A Legal History of Rome by George Mousourakis, this essay demonstrates that law was crucial to the expansion of empire. When read in tandem, these monographs provide a transhistorical framework for viewing law outside of itself, as a mechanism of colonial and imperial domination.

Breaking The Chains: Addressing Criminal Records For Sex Trafficking Survivors Through Vacatur Laws, Charlotte Kessinger

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

The Enforceability Of Adult Film Employment Contracts And Their Impact On The Predatory Nature Of And Unethical Practices Within The Adult Film Industry, Taylor Allen

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Self-Colonization In American Law: The Internet And Personal Information Example, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

Since the Reagan era, American economic policy has amounted to self-colonization. Democratic majorities have consistently supported legal regimes that have enabled corporations to extract the lion’s share of the gains from trade from the public. For example, they have supported a corporate law regime that denies the public democratic control over the behavior of corporations and instead gives dictatorial powers to shareholders and managers. The Internet has made it even easier for firms to extract surpluses from consumers through surveillance and algorithmic pricing. One small contribution toward a project of decolonizing the public would be for consumers to obtain a …

Cross-Talk, Alicia Bannon, John Q. Barrett, Tyler Rose Clemons, Wilfred U. Codrington Iii, Mark C. Niles

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

We now enter the exciting segment of the program called cross-talk.

Tyler Rose Clemons (“TRC”)

One of the things that this conversation has brought up for me is whom is the Court overturning precedent on behalf of? What interest? Whose interest is it that the Court is acting to vindicate when it says we got it wrong before, and it is so important that we get it right that we are willing to take this supposedly drastic remedy of overturning our own precedent?

What I was thinking about immediately during Judge Livingston’s remarks was West …