Digital Commons Network^™

Autonomous Ai And Ownership Rules, Frank Fagan

Dickinson Law Review (2017-Present)

As artificial intelligence (AI) systems become increasingly autonomous, traditional notions of ownership will adapt. Historically, property rights have been grounded in traceability, enabling legal and economic systems to allocate ownership efficiently through doctrines such as accession (ownership by connection), and first possession (ownership by labor). Property law also recognizes that abandoned property, when considered untraceable to its original owner, can be efficiently reassigned through accession, ensuring that resources do not remain ownerless. However, autonomous AI systems capable of self-replication, self-governance, and independent economic activity complicate these established principles, raising new questions about how ownership should be determined when AI is …

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, …

Suppressing The Surge: Starbucks And The Limits Of Labor Rights, Ivan Garcia

Dickinson Law Review (2017-Present)

In the wake of the 2020 COVID-19 pandemic, Starbucks workers launched an unprecedented movement to organize workers at each store. Starbucks management responded to this movement with an unlawful union busting campaign. The National Labor Relations Board found that the Starbucks campaign violated workers’ rights to engage in union activity under the National Labor Relations Act. Starbucks’ efforts allowed them to stave off any collective bargaining agreement between the stores and the union. The company adopted aggressive tactics in the run-up to worksite elections which the Board found amounted to unlawful interference. The endeavor to organize workers at Starbucks stores …

Shock The System: Pouring Water On The Cpuc’S Income-Graduated Flat Rates In Favor Of More Effective Rate Structures, Benjamin Hill

Dickinson Law Review (2017-Present)

The volume of rate cases in the United States continues to increase, resulting in constant price hikes for utility customers. The battle between corporate profit and consumer financial satisfaction will likely continue. Considering these diametrically opposed interests, the California Public Utility Commission, at the behest of the California legislature, decreased the rate consumers pay for usage and added fixed fees based on income to utility bills. The broader goals of the Commission’s model are to maintain utility profitability, alleviate the financial burden consumers face, promote energy conservation, and develop energy efficient technology to combat greenhouse gas emissions. This Comment will …

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

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 …

Envisioning Antiracist Legal Education In Aotearoa New Zealand: The Role Of Leadership, Mele T. Vaitohi

Dickinson Law Review (2017-Present)

This Essay presents a comprehensive examination of antiracism within Aotearoa New Zealand’s legal education, underscoring the critical need to embed antiracist principles across both the curriculum and the legal profession. It highlights the imperative for systemic change to dismantle structural inequities and advocates for an educational framework that prepares future lawyers to address and challenge racial injustice. Additionally, the Essay demonstrates how visionary leadership can spearhead transformative initiatives that amplify Pacific voices, cultivating a legal landscape that is both inclusive and equitable. Through these insights, this Essay aims to contribute to ongoing dialogues on creating a justice system reflective of …

Front Matter

Dickinson Law Review (2017-Present)

No abstract provided.

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 …

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

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 …

“You’Re Denying God”: Thoughts On Institutional Homophobia From Lgbtq-Affirming Staff And Faculty At Christian Colleges, Kaytlin Epperly

Doctor of Psychology (PsyD)

Over 4 million adults identify as LGBTQ Christians in the United States (Conron et al., 2020). Yet, despite increasing support in secular and religious circles alike, the LGBTQ community continues to face prejudice and discrimination in evangelical Christian spaces (Jones, 2026; Public Religion Research Institute, 2023). Unfortunately, much of this is experienced on Christian college campuses. During a crucial period of identity development, many emerging adults on these campuses struggle between their queer identities and Christian faith, leading to psychological distress, shame, and marginalization. However, previous research illustrates the integral role that social support plays in LGBTQ students’ wellbeing (Cook …

Relationships Between Substance Use, Adverse Childhood Experiences, Psychological Functioning, And Use Of Positive Coping, Jade Binford

Doctor of Psychology (PsyD)

Clinicians have attempted to understand substance abuse for years, and theories attempting to explain substance abuse have evolved. Theories have ranged from viewing the issue as a moral failure to interpreting it through a disease-oriented viewpoint. The self-medication hypothesis has been used to understand substance abuse and describes the issue as deriving from individuals seeking relief from psychological distress (e.g., emotional dysregulation, behavioral impairment, painful memories). Substance abuse has been linked to the experience of depression, anxiety, exposure to adverse experiences in childhood and adulthood, and trauma-related clinical diagnoses. The role of positive coping has been considered a function that …

America 250, Arizona State University

History

Photographs, Bibliography, Collection Description and Word Search for a display of government documents from Fletcher Library at Arizona State University.

The Efficiency Paradox Of Majoritarian Democracy, Barbara Luppi, Francesco Parisi

Articles

Majoritarian democracy is widely regarded as the canonical procedure for converting heterogeneous individual preferences into collective decisions, yet its welfare properties are far more fragile than legal and political theorists suggest. This paper contributes to the literature on the limits of majoritarianism by applying a spatial voting model to demonstrate that the conditions under which majoritarian democracies produce efficient outcomes are narrowly constrained by the structural features of majority rule itself. We formalize a multidimensional policy environment in which voters bargain over both the policy vector and lump‑sum transfers. We show that—even with transferable utility among members of the majority …

Iere Annual Report 2026, Erin Largo-Wight, Heather Barnes Truelove, Kelly Rhoden, Jessica Barnes, Lauren Canady, Nicole Lowe, Ruby Cox, Sydney Barrett, Kathleen Hutton

Annual Reports

2026 Annual Report of the Institute for Environmental Research and Education

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 …

Youngstown, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.

General Law Revivalism And The Problem Of 1938, Jack Landman Goldsmith, Curtis Bradley

Public Law and Legal Theory Working Papers

From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of “general law” to resolve a wide range of legal issues, including issues relating to commercial law, tort law, international law, conflict of laws, equity, and procedure. This general law regime became politically fraught and difficult to administer, and the Supreme Court repudiated it in Erie, declaring that “there is no federal general common law” and requiring the federal courts to ground all rules in either federal or state law. Erie and its progeny created what this Article terms the …

Counseling Professionals' Perspectives On Ai Integration In Education And Supervision: A Concept Mapping Study, Hank Crofford, Elif Bor, Gülşah Kemer

Counseling & Human Services Faculty Publications

The rapid emergence of artificial intelligence (AI) has raised important questions about how new technologies will shape professional norms and practices in counseling. The purpose of this study was to understand how counseling professionals expect AI to be integrated into counselor education and supervision (CES). Using a mixed‐methods concept mapping design, 31 participants generated and sorted statements about the potential roles, benefits, and concerns associated with AI in the profession. Participants represented diverse counseling roles, including counselor educators, licensed professional counselors, supervisors, master's‐ and doctoral‐level trainees, and other counseling‐related professionals. Standard concept mapping procedures were conducted using R, resulting in …

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

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

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

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 …

Intersectionality Of Race And Disability: The School Counselors' Role In Policy Reformation, Jenna M. Alvarez, Rachel Saunders, Vanessa Sinclair, Stephanie Smith-Durkin, Emily Goodman-Scott

Counseling & Human Services Faculty Publications

The United States K-12 education system is riddled with inequities within the intersection of race and disabilities; relatedly, the school counseling literature also demonstrates a similar gap in the literature. As a result, through three case illustrations highlighting the unique experiences of historically marginalized students of color with disabilities, we illustrate the multiplex intersection of race and disability and how a school counselor can utilize leadership, advocacy, and social justice for systemic change. Further, the three cases are structured through the ADDRESSING framework, to systematically consider the complexities of identity, overlapping cultural influences, and the connections to practice (Hays, 2022). …

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Optimizing Kidney Allograft Years: Underutilization Of Pediatric Donors, Nicholas Herrera, Ana Cortez, Diane Cibrik, Bradley A. Warady

Manuscripts, Articles, Book Chapters and Other Papers

Background. 

The Kidney Donor Profile Index (KDPI) score drives kidney allocation in the United States for both adult and pediatric donors, despite the calculation being primarily derived from adult donor data. A KDPI of ≤20% is considered to have the longest graft survival potential and is typically prioritized for recipients who have a low Estimated Posttransplant Survival (EPTS) score. Using KDPI to assess pediatric donor quality may underestimate graft survival and result in underutilization of these kidneys for recipients with a low EPTS score.

Methods. 

Using Scientific Registry of Transplant Recipients data, we analyzed 5-y posttransplant death-censored graft survival of …

Genocide, Memory & Prevention: Ethical Inquiry And Critical Thinking Through Research & Ai, Linda Humes

Open Educational Resources

This assignment engages students in ethical inquiry and critical analysis by examining lesser-known or silenced genocides within a global and historical context. Using academic sources alongside responsible use of generative AI, students compare dominant and marginalized narratives, analyze recurring patterns and causes of genocide, and reflect on prevention strategies. The assignment emphasizes ethical AI use, historical memory, and the development of civic awareness, empathy, and critical thinking in the study of race, power, and inequality.