Digital Commons Network^™

The Living Architecture Of Law, Joseph R. Goodwin

West Virginia Law Review

No abstract provided.

A View Under The Hood: Duquesne Kline's Law And Computing Program, Wesley M. Oliver, Katherine L.W. Norton, Martin Mckown, David Horrigan

West Virginia Law Review

No abstract provided.

Artificial Intelligence And Machine Learning Improving The Livelihood Of Individuals With Disabilities In Various Capacities, Daveon Lilly

West Virginia Law Review

Artificial Intelligence (“AI”) and Machine Learning (“ML”) are swiftly reshaping accessibility for individuals with disabilities, offering fresh opportunities for inclusion in education, the workplace, and daily life. This Note explores the integration of AI and ML into assistive technologies and discusses how this integration bolsters access and independence for people with various disabilities. It also examines the legal frameworks, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 (“Rehabilitation Act”), that govern the implementation of these technologies and address challenges such as algorithmic bias, data privacy, and the digital divide. While AI and ML have made …

Machiavelli’S Realist International Law, Will Iboshi

Araneum: Richmond Journal of American & Global Affairs

By bridging the gap between scholarship on Machiavelli’s realism and legal thought, “Machiavelli’s Realist International Law” supports a historical approach of understanding Machiavellian international law through a realistic, human-centered project for state survival. I argue that if realism shapes the way that law produces order, then our interpretation of Machiavelli’s realism determines how we understand his views on the law’s source and function. Through a careful textual analysis of The Prince and The Discourses on Livy, I frame Machiavelli’s relationship to international law as a historical-ahistorical axis that situates his conception of foreign affairs alongside modern debates about realism and …

Media On Trial: The Effects Of Media Coverage On Legal Proceedings In High-Profile Cases, Julia Luxon

Honors Theses

This paper examines the constitutional tension between the First Amendment and the Sixth Amendment, specifically in relation to media coverage and the right to a fair trial in high-profile criminal cases. This study explores the contextual and media environments surrounding the high-profile cases of Sheppard v. Maxwell, The People of the State of California v. Orenthal James Simpson, and State of South Carolina v. Richard Alexander Murdaugh. By conducting a comparative analysis, I examined the media narratives present in each case and how they influenced public perception and its impact on the administration of justice. This study …

Me Or We In Criminal Behavior: A Cross-National Examination On The Impact Of Narcissism On Criminal Behavior, Adrian J. Zaragoza

Honors Theses

Crime is a worldwide issue that exists within any society. Many studies have not examined narcissism and its relation to crime in a cross-cultural perspective. The current study aimed to examine how culture can impact narcissism and criminal behavior. Hypothesis 1: Individual narcissism will be positively associated with criminal and antisocial responses to provocation scenarios in the United States. Hypothesis 2: Collective narcissism will be positively associated with criminal and antisocial responses to provocation scenarios in Kenya. Hypothesis 3: The association between individual narcissism and criminal/antisocial behavior will be stronger in the United States than in Kenya, …

All Harm, All Fouls: Human Trafficking At Large Sporting Events, Addison Caravona

Honors Theses

Human trafficking affects thousands of people worldwide every year. During large sporting events, this can become an issue as the line between consenting sex work and trafficking becomes blurred. The difficulty of quantifying human trafficking combined with the legality of sex work creates a predicament where measuring human trafficking statistics over a smaller period of time becomes incredibly difficult. Sporting events bring in millions of patrons every year, which produces unique challenges for law enforcement and advocacy groups to manage and prevent trafficking. This research investigates human trafficking surrounding large sporting events and the processes and legislation in place to …

"See Something, Say Something": The Effect Of Bystanders And Public Posting On Campus Crime Reporting, Makiah Hollinden

Honors Theses

The purpose of this study was to see if bystanders reacting (versus not reacting) and the presence (versus no presence) of a public crime post, on a college campus, affected student participants' intent to report a crime. We hypothesized that if bystanders responded to the crime, and if there is a public post about crime reporting, then participants would be more likely to intend to report the crime. Research participants (n = 68) were given an online survey assessing the intent to report the crime and other social norms in one of four vignette conditions: bystanders react/public post, bystanders do …

Yes Under Duress: The Paradox Of The Fawn Trauma Response In Consent Law, Madeline Paoli

UC Law SF Journal on Gender and Justice

This article examines the evolving landscape of sexual consent law through the lens of trauma-informed legal analysis, focusing on the underrecognized trauma response known as fawning. Existing consent frameworks fail to capture the complex behaviors of many survivors who outwardly feign consent as a survival mechanism. To assess how fawning evidence might fit into consent statutes, I categorize U.S. state law into four subtypes of consent: affirmative, hybrid, forcible compulsion, and statutory silence. Each sub-type fails to adequately account for trauma-informed behaviors. By examining each of these subtypes and its corresponding case law, I identify statutory and doctrinal gaps that …

Reconsidering The Take It Down Act, Cate Thorpe

Brigham Young University Prelaw Review

In the past decade, there has been an increase in digital forgeries leading to the phenomena many have called “revenge porn.” This form of Nonconsensual Intimate Imagery (NCII) has been facilitated by AI-models that allow users to create false images or videos of someone’s likeness, often referred to as deepfakes. In an attempt to combat the dissemination of such forged NCIIs, Congress enacted the TAKE IT DOWN Act. The Act institutes a notice-and-removal procedure for victims to request the removal of  NCIIs depicting their likeness on covered platforms. While the TAKE IT DOWN Act sufficiently addresses some concerns, certain aspects …

Harmless In Name Only: Prosecutorial Misconduct And The Right To A Fair Trial, Jennifer Brinkman

Washington and Lee Journal of Civil Rights and Social Justice

Prosecutorial misconduct during trial—particularly improper questioning of witnesses and improper argument—occurs in front of the jury and directly shapes its deliberations. Yet appellate courts routinely dismiss such misconduct as “harmless error,” allowing convictions to stand even when prosecutors violate defendants’ rights. This Article contends that the harmless error framework both underestimates the impact of misconduct on jurors and undermines the Constitutional guarantee of a fair trial. It proposes that certain instances of misconduct that occur during trial should be classified as structural error, requiring automatic reversal. This would protect defendants’ right to a fair trial and maintain the integrity of …

Before The Last Breath: How Alabama’S Nitrogen Execution Adoption Created A Procedural Crisis On Death Row, Caroline E. Penfield

Washington and Lee Journal of Civil Rights and Social Justice

In 2024 and 2025, Alabama executed eleven people. During this time and in the years leading up to it, the State botched multiple lethal injections. Seeking an ostensibly constitutional way to continue carrying out executions, Alabama introduced death by nitrogen gas suffocation. The problems with lethal injection are not unique to Alabama, but Alabama was the first to adopt and use the novel nitrogen gas method, despite concerns from medical professionals, the public, and inmates themselves. Alabama put little to no protocol in place for inmates to exercise their statutory right to elect this method, leading to confusion and harm. …

Commonwealth Times 2026-04-01

Commonwealth Times, 1969-

No abstract provided.

Trapped In Time: Georgia’S Juvenile Lifers And The Fight For Real Justice After Miller And Jones, Hannah F. Sanchez

Georgia State University Law Review

In Georgia, a thirteen-year-old child convicted of homicide can be sentenced to die in prison. While most states have retreated from juvenile life without parole, abolishing it through legislation or judicial decision, Georgia has moved in the opposite direction, becoming the nation’s leader in imposing the sentence. A sequence of Supreme Court decisions—four expanding protections and one dismantling them—has produced a volatile legal landscape in which the possibility of relief has been extended and withdrawn.

For children, life without parole is the harshest criminal penalty available, condemning them to spend the rest of their natural lives behind bars without any …

Reconsidering Life Without Parole: How Sb 672 Reshapes Extreme Sentencing For Youth Offenders, Karina Cardenas

University of the Pacific Law Review

No abstract provided.

Information Law Pluralism, Hannah Bloch-Wehba

Indiana Law Journal

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, …

Representation In Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Indiana Law Journal

Millions of immigrants in the United States are facing threats of mass deportation under the second Trump Administration. At the same time, the Administration has sought to end federal programs aimed at providing basic information and guidance to immigrants in removal proceedings. In addition, large numbers of immigration judges have been fired from immigration courts that already face massive backlogs. Amidst these upheavals, deportation defense lawyers have come to occupy a more central role than ever in ensuring fairness and due process in immigration courts. Are certain groups of immigrants more likely to obtain legal representation than others? Among those …

People's Upr Written Record: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

This written record compiles the lived experiences of directly impacted persons. Directly impacted persons include people who have personally faced the conditions, policies, or practices documented in this written record in the United States and who have chosen to share their testimonies. The testimonies in this written record include those provided in-person, via video recording, which have been transcribed, or in writing. Testimonies are presented anonymously with ▊ sign as names and identifiable information has been redacted. Their accounts provide first-hand evidence of how these human rights issues operate in practice, offering essential context and depth that cannot be captured …

Occasional Originalism: How The Supreme Court Of North Carolina Discarded Centuries-Old Constitutional Law In State V. Singleton, William J. Etringer

North Carolina Law Review

No abstract provided.

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Choice, Power, & Care: Crisis Pregnancy Centers And Reproductive Justice In Missouri, Sylvie Richards

Women, Gender, and Sexuality Studies Senior Honors Papers

Crisis pregnancy centers (CPCs) are religious organizations with the purpose to dissuade people from obtaining abortions. They often present themselves as authentic reproductive healthcare clinics through medicalized language, services such as ultrasounds and pregnancy tests, promises of information on all pregnancy options, staff dressed as medical professionals, and placement near family planning clinics. In reality, CPCs are medically unlicensed and often spread medical misinformation.

No study has yet focused on CPCs in Missouri, despite providing a critical case study. The state has minimal access to abortion and other components of comprehensive reproductive healthcare and one of the worst maternal mortality …

Back To Basics: The Benefits Of Children’S Literature In Higher Education, Max A. Bufkin

Honors Projects

The historic undervaluing of children’s literature has resulted in little research or application of the genre in higher education. However, what research is available has shown that engaging with children’s literature as an adult can have many benefits, including better mental well-being, understanding of multicultural perspectives, and enhanced critical thinking skills. Due to patriarchal ideologies over who can and cannot engage with literature, as well as the work of children’s literature critics, the genre has been marginalized from much debate and discussion. Through student-centered learning and group reading sessions, college students from nearly every discipline can learn to utilize and …

Uncomfortably Reminiscent: Odonnell V. Harris County In History And Memory, Kellen R. Funk

Faculty Scholarship

In ODonnell v. Harris County, a federal trial court enjoined the misdemeanor bail system of Houston, Texas, freeing approximately 20,000 indigent defendants annually. To do this, the trial court drew upon Reconstruction era precedents establishing intensive federal oversight of state criminal proceedings. The court explicitly invoked the Civil War and Reconstruction transformation of the federal judiciary, comparing the County’s defenses to slavery era arguments. Conversely, when the en banc Fifth Circuit reviewed a similar order in Dallas, Texas, six years later, it rejected this historical framework, condemning such litigation as an impermissible “ongoing federal audit of state criminal proceedings.” …

Justice And Peace Shall Kiss: A Comparative Analysis Of Law From Ancient Israel To Modern America, Evan Nix

Honors Theses

Modern legal scholarship frequently attributes American criminal jurisprudence to Roman structures, Enlightenment rationality, and English common law, which obscures the American system’s roots in Hebraic natural-law value frameworks. The present thesis asks: “To what extent does the American criminal justice system embody core values of ancient Hebrew law, and how does such a framework compare to purely secular models regarding societal stability and equity?” A comparative analysis draws on biblical texts of the Torah, Hebrew wisdom literature, and American constitutional and statutory provisions, tracing a genealogy from covenantal laws of ancient Israel to modern American constitutionalism. Findings indicate preservation of …

A Comparative Analysis Of Alternative Pathways To A Law License In The United States, Katherine Willis

Honors Theses

In recent years, there has been an ongoing discussion of how bar exams may be disproportionately unfair to certain demographic groups as a standard pathway to admission to law practice. Some states have had longstanding alternate pathways to the legal profession that sidestep the bar exam and/or law school, including California, Virginia, Wisconsin, and New Hampshire. In the years following 2020 and the COVID-19 pandemic, other states have joined these jurisdictions in offering alternative pathways to practice that would replace the law school and/or bar exam requirements for aspiring lawyers. This thesis aims to bridge a gap in the literature …

Tough Love Or Just Tough?: The Effect Of Juvenile Military Bootcamps On Adolescent Externalizing Behaviors, Paris Labadie

Honors Theses

Externalizing behaviors, which are mental health problems manifested as outward behavior, have negative impacts on the environment and relationships (Liu, 2004). They include traits such as impulsivity, aggression, and substance use. Externalizing behaviors are more common in justice-involved youth compared to those who were not involved. Interventions for justice-involved youth, such as military boot camps, offer an alternative to incarceration and provide rehabilitation opportunities and routine. Theoretical research suggests military boot camps are problematic, citing the ineffectiveness of “scared straight” tactics. To date, there are few studies examining changes because of completing boot camps. There are also no studies examining …

The Crime We Forget? White-Collar Crime: Problems In Defining Motive And Enforcement Of Followers, John Stillman

Notre Dame JLEPP: In Limine

John Stillman explains problems in defining and enforcing against white-collar crime, focusing on followers.

The Politics Of Preservation: Federal Implications Of The Smithsonian Executive Order, Autumn H. Duncan

Missouri Law Review

When society thinks of the phrase “revisionist history,” George Orwell’s harrowing words likely come to mind. The term itself is used in the political realm as “an accusation of deliberately distorting irrefutable historical ‘facts’ to serve a particular political agenda or viewpoint.” Although the topic of revisionism is a hot-button issue among historians and non-historians alike, Americans are divided over how to approach history. About 47% of the population believes that history should question the nation’s past, while 53% contend that history should celebrate it. This divide becomes even more evident when broken down by party lines: 84% of Republicans …

Bridgewater Review Volume 44 Number 1 2026

Bridgewater Review

No abstract provided.

Child Support Factory: Racist History, Harm, And Unconstitutionality Of The Child Support System's Contractual Operations, Daniel L. Hatcher

William & Mary Journal of Race, Gender, and Social Justice

Within America’s justice institutions, the child support system has become a business. The intended mission of aid has been traded and abdicated through contractual deals to churn vulnerable families into factory-like revenue operations. Juvenile and family courts across the country have partnered through countless intertwined interagency contracts with human service agencies, prosecutors, attorneys general’s offices, probation departments, and policing offices—all aimed at generating revenue from impoverished children and parents rather than serving their best interests. The resulting child support factory is vast, harmful, unconstitutional, unethical, and grew from a racist history that devastated Black families, and still operates with starkly …