Digital Commons Network^™

1981, Carliss Chatman

Washington and Lee Law Review

42 U.S.C. § 1981 should have solved a pervasive problem in American capitalism—when white economic interests do not converge with the contract rights of Black people, they are excluded from the market in a way that causes systemic harm. This Article proposes that the failure to enforce 1981 in the past may render it more harmful than beneficial in the present climate of retrenchment. The realities of racism combine with the lack of economic interest convergence to make combatting contract inequality on a contract-by-contract basis legally precarious, nearly impossible to properly evaluate, and difficult to economically incentivize. This is in …

Sanctioning Lawyer-Criminals, Jon J. Lee

Washington and Lee Law Review

Until now there has been relatively little consideration given to disciplinary agencies’ sanctioning of lawyers who commit or are convicted of crimes, so called “lawyer-criminals.” This is likely because most assume that these offenders make up a tiny percentage of disciplinary cases. It also may explain why jurisdictions continue to employ disparate approaches regarding what types of criminal conduct warrant professional intervention, the appropriate sanctions to impose on lawyer-criminals, and whether lawyers convicted of certain offenses should be automatically excluded from practice.

This Article makes three primary contributions to the discourse on reforming professional lawyer regulation to protect the public …

Arbitrary Consent To Arbitration, Charity J. Fort

Washington and Lee Law Review

In the one-hundred-year period since the enactment of the Federal Arbitration Act of 1925 (the Act), arbitration in the U.S. has become a battlefield embroiled in a multitude of contract law doctrines and competing arbitration jurisprudence concerning what rights can be contracted away. This battlefield has become particularly grisly with regards to the increased use of arbitration clauses in contracts with adhesive qualities between business entities and consumers. This Article seeks to confront and lay the foundations for resolving a concern raised by many arbitration scholars: scholars who argue that the use of arbitration clauses in contracts of adhesion is …

Drug War Repair Guarantees, Amber Baylor

Washington and Lee Law Review

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Religious Minorities And Secular Rights, Joshua C. Mcdaniel

Washington and Lee Law Review

When religious claimants sue to protect their ability to practice their faith, they often invoke legal guarantees that specifically protect religious exercise. Yet historically—and still today—they also rely on secular guarantees like freedom of speech or equal protection. And their victories on these grounds set precedents not just for believers but for everyone. As a result, many rights we now take for granted stem from religious minorities pressing for the ability to preach, proselytize, and publish their religious views. No account of free speech law would be complete, for instance, without considering the pathbreaking decisions won by Jehovah’s Witnesses.

Although …

Comment On “Voices From Beyond The Grave: Protecting The Audio Of Murder Victims Through (Intellectual) Property Law” By Alexandra M. Hudson, Christopher B. Seaman

Washington and Lee Law Review

Alex’s Note correctly identifies the tension between two important, competing values when it comes to how the law should deal with the sound recordings of murder victims captured in a public record, such as a 911 call or body camera footage. The first value is government transparency, including disclosure of public records through federal and state Freedom of Information Acts (FOIAs). As the Supreme Court has explained, “[t]he basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption, and to hold the governors accountable to the governed.” …

Education As A Right, Homelessness As A Crisis: The Displaced Futures Of American Homeless Youth, Tina Pham

Washington and Lee Law Review

Homelessness in the United States has been a humanitarian crisis affecting youth as one of its most vulnerable populations. Education is one of the few opportunities to break through this cycle of poverty. Recognizing the gap in education for homeless students and other students, Congress enacted the McKinney-Vento Act, which guarantees homeless youth educational rights to access public education. Following the Supreme Court’s decision in Grants Pass v. Johnson, however, the rise of criminalizing policies, such as encampment sweeps and anticamping ordinances, threatens the success of the Act. These policies not only destabilize families, but they also leave homeless youth …

Diplomatic Misjudgments: The Decision-Making Process Before And During The 1870 Franco-Prussian War, Nathan Daly

History & Classics Undergraduate Theses

How did emotions affect the diplomatic process during the waning days of the Concert of Europe?  Was the idea of national honor so prevalent that diplomats began to lack reason when it was called into question by opposing states?  What happens when overzealous officials make claims and requests that far outweigh their position and norms of the time?  To address these questions, this thesis examines the diplomatic negotiations that took place before and during the 1870-1871 Franco-Prussian War, with a focus on the French side. The first chapter, which examines the crisis before the war, highlights how the French diplomats …

Mapping Disabled Justice: Empirical Research Towards A People-Centered Approach, Qudsiya Naqui

Book Chapters

This paper reviews access to justice for people with disabilities, focusing on what we know—and still need to know—about how justice systems can better serve and include disabled populations. Based on existing research, we know that disabled people, constituting roughly 16% of the global population, face significant legal, informational, communication, physical, and economic barriers at all stages of the justice process, and are disproportionately represented in both civil and criminal legal systems. We also know that these barriers impede disabled people’s access to the law, access to legal processes, and access to just outcomes, undermining their ability to engage in …

Ethics In Church-Based Research, David R. Dunaetz

Great Commission Research Journal

Both biblical principles and the standards used in the social sciences help researchers understand how to ensure their research is ethical and how to avoid the temptations associated with conducting research. Using a framework derived from Ephesians 4:25-28, these principles include truthfulness, avoidance of harm, and integrity through hard work. Ethical violations include data fabrication and falsification, questionable research practices, inaccurate references, duplicate publication, coercion of participants, and plagiarism. Special care must be taken to prevent harm to participants, either directly or indirectly. Researchers studying church-based phenomena also need to be aware of the heuristics and biases that can weaken …

2026 Vol 18(1) Complete Issue, David R. Dunaetz

Great Commission Research Journal

No abstract provided.

Geopolitical Myths And Symbols In Independent Kazakhstan: The Case Of The Head Of Kenesary Khan, Assem Maralova

Dartmouth College Master’s Theses

This thesis examines the political myth surrounding the severed head of Kenesary Khan, the last khan of the Kazakh Khanate, and its significance in contemporary Kazakhstan. Focusing on historiographical debates, media narratives, and collective memory, the study analyzes how the unresolved fate of Kenesary Khan’s head functions as a symbolic site of post-colonial identity formation. Drawing on archival sources, scholarly literature, and cultural media, the research demonstrates that the myth operates as a tool for negotiating sovereignty, historical justice, and national memory in Kazakhstan’s nation-building process.

Numerical Study Of Nutrient Mixing In Trabecular Bone In Microgravity, Disuse And Normogravity, Sagar Gharti

Doctoral Dissertations and Master's Theses

Mechanical loading is known to regulate bone remodeling by driving interstitial fluid flow which stimulates cells and drives nutrient transport within the trabecular network. In microgravity, the absence of mechanical stimulation or loading suppresses convective flow processes, causing diffusion-driven nutrient mixing and renewal, and accelerated bone loss. This thesis investigates how oscillation frequency and trabecular bone density jointly control nutrient mixing and wall shear stress within trabecular cavities.

A computational fluid dynamics (CFD) framework is developed in STAR-CCM+ using a soft-cap oscillation model that mimics cyclic compression. Three idealized trabecular morphologies are simulated across different frequencies to represent microgravity or …

Scenarioxp: A Complete Scenario-Based Testing Framework For The Exploration And Exploitation Of Autonomous Vehicle Validation Scenarios, Quentin Goss

Doctoral Dissertations and Master's Theses

Today is an age of exciting emerging technology where cutting-edge research in autonomous vehicles (AVs) reduces the active human participation in driving and extends awareness beyond human limitations of perception and reaction, improving driving safety and quality of the user experience as a result. The ever-increasing complexity of these autonomous systems poses many challenges towards the validation and verification (V\&V) of these complex systems under time and resource constraints, as the use of artificial intelligence and also the intricacy of the operating environment means that these systems are also black-box and non-deterministic. Scenario-based V\&V testing of such systems, which involves …

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Le Dialecte Caché : Entretiens Sur Le Dialecte De Créole Français Du Mississippi (Mississippi Gulf Coast French), Claire Mccullough

Modern and Classical Languages and Literatures Undergraduate Research

This text constitutes an oral history project concerning a little-known dialect, Mississippi Gulf Coast French, found along the Mississippi Gulf Coast.This work is unique in that the author herself traces her roots to the French communities of the Mississippi Gulf Coast. This work presents a synthesis of interviews the author conducted with thirteen past and present residents of the Mississippi Gulf Coast regarding this unique dialect. In the introduction, the author briefly recounts the history of French colonialism in the region during the late 17th century and traces how the dialect evolved over the subsequent 300 years. She also outlines …

Moral Repair, Forgiveness, And Collective Minds, Songzhi Wu

Dartmouth College Ph.D Dissertations

Human lives are increasingly shaped by collective entities (e.g., corporations, governments, nonprofits) that make consequential decisions and evoke trust, blame, and praise. Yet how people perceive and relate to these non-individual agents remains underexplored. This dissertation investigates collective mind perception, moral repair, and forgiveness across three chapters using experimental, neuroimaging, and corpus-based methods.

Chapter 1 examines how collective entities repair their moral standing after wrongdoing. Across four studies, agentic cues such as responsibility-taking and corrective plans consistently outperform experiential expressions such as remorse in eliciting forgiveness toward organizational transgressors. Agentic apologies also reshape memory: participants recall the apology content more …

Advancement And Characterization Of Next-Generation Solid-State Photon-Counting Image Sensors For Astrophysics Applications, Nicholas R. Shade

Dartmouth College Ph.D Dissertations

Astronomers’ pursuit of detecting light from increasingly faint and distant objects in the expanse of space necessitates continuous improvement in signal-to-noise ratio of camera technology. Recent advancements in solid-state detector technologies have enabled the determination of photon-number, including single photon events, enabling observations at the fundamental limits of physics. These developments are instrumental not only for standard two-dimensional imaging but also for advanced spectroscopy, which increasingly drives future astrophysical applications. This thesis presents an evaluation of three next-generation silicon-based detectors capable of photon-counting with deep-sub-electron input-referred read noise: the electron-multiplying charge-coupled device (EMCCD), the single-photon avalanche diode (SPAD), and the …

Law Over Water: Piracy And The Yemen Civil War, Case Western Reserve University School Of Law

Yemen Accountability Project (YAP)

"The Yemen Accountability Project (YAP) is proud to announce the publication of its seventh white paper, Piracy and the Yemen Civil War. Piracy is a crime of such gravity that it has been recognized as jus cogens—a peremptory norm of customary international law subject to universal jurisdiction, with states holding both the right and the obligation to prosecute pirates wherever they are found. Despite this universal prohibition, YAP has documented instances of piracy and associated violations of international humanitarian and human rights law committed by parties to the Yemen Civil War, including hostage taking, torture, arbitrary detention, and the potential …

Strategic Resource Management In Pandemics: Integrating Capacity Planning With Non-Pharmaceutical Interventions For Covid-19, Ozlem Cosgun, Eyyub Kibis, Ali Dag, Burak Cankaya

Department of Information Management and Business Analytics Faculty Scholarship and Creative Works

The COVID-19 pandemic underscored the urgent need for integrated healthcare resource planning to manage patient surges and reduce mortality. This study presents a novel optimization-based framework that jointly considers healthcare capacity planning and non-pharmaceutical interventions (NPIs), including mask mandates, social distancing, and quarantining. The framework extends traditional compartmental models by distinguishing patient categories—such as hospitalized non-ventilator patients, ventilated patients, and ICU admissions—within a mixed-integer programming (MIP) structure that remains computationally tractable. Applied to the COVID-19 outbreak in New York City, the model optimizes the allocation of hospital beds and ventilators while minimizing deaths. Results show that combining high-effectiveness NPIs with …

Conscripts, Convicts, And Contractors: Ersatz Soldiers And Russia's Total Mobilization Workarounds, Tad A. Schnaufer Ii, Guido Rossi

Journal of Strategic Security

The large-scale conventional conflict in Ukraine has absorbed hundreds of thousands of soldiers on both sides. Yet, domestic considerations have limited mobilization of citizens into the military at the devastating cost of prolonging the conflict. The 2022 Russian invasion force should have comprised far more personnel to ensure success at the outset. Russian leadership grossly underestimated the Ukrainian will to resist and vastly overestimated its own capabilities. Once the initial attack failed, both Russia and Ukraine only incrementally mobilized their populations, leaving neither side with overwhelming strength to create a breakthrough that would end the war. Hence, the ongoing slog …

Sheinbaum’S Dilemma: Mexico’S Security Choices After Fto Designation, Ghaleb Krame, John P. Sullivan, Magdalena Garcia

Journal of Strategic Security

The US designation of six Mexican cartels as Foreign Terrorist Organizations (FTOs) marks a pivotal shift in bilateral security relations, compelling Mexico to navigate a complex strategic landscape. This study uses game-theoretic modeling, scenario analysis, and Nash equilibria to evaluate three possible responses by the administration of Claudia Sheinbaum: (1) Total Subordination—fully aligning with US counter-cartel efforts, (2) Covert Subordination—secretly integrating US support while maintaining a public stance of sovereignty, and (3) Strategic Resistance—rejecting US intervention in favor of an independent security approach.

New evidence on US-side border corruption and clearer definitions of key terms (joint cross-border operations, intelligence fusion …

Doctor, Teacher, Terrorist: The Life And Legacy Of Al-Qaeda Leader Ayman Al-Zawahiri. By Sajjan M. Gohel. Oxford University Press, 2023., Naveen Khan

Journal of Strategic Security

No abstract provided.

Precedent-Based Antitrust Law, Anca Daniela Chirita

William & Mary Business Law Review

This contribution revisits the authentic origins of antitrust law and the U.K.’s legacy of EU precedent rulings, spanning an eclectic and holistic analysis of the wider contemporary objectives of antitrust law, the versatile doctrine of vertical restraints of trade applied in the context of the online resale price maintenance, and the abuse theory of monopoly power applied in the context of excessive pricing and, more recently, of data-driven digital market competition. This contribution offers an original legal interpretation of precedent-based antitrust law: First, sustaining as principal narrative streams of evolutionary development, the rise of authentic precedent, which has had a …

Playing The Hermès Game: Quota Bags, Antitrust Law, And The Limits Of Consumer Protection In Luxury Markets, Madeleine Chou

William & Mary Business Law Review

Luxury fashion retail has become a behemoth of an industry. Through acquisitions and strong brand recognition, some brands have developed significant market power in the luxury retail space. Chief among these brands is Hermès, a luxury leather retail boutique known for its highly sought after quota bags, like the Birkin and the Kelly. Quota bags are handbags that can generally only be bought by customers who have developed a substantial purchase history and relationship with the brand. Through this sales model, Hermès has created what plaintiffs have alleged to be an antitrust tying scheme, in which the purchase of one …

Uncertainty In Business Judgment: How A Divide Between Delaware's Judiciary And Legislature Has Changed Corporate Law, Andrea Safran

William & Mary Business Law Review

In response to controversial Chancery Court decisions, the Delaware Legislature rushed to amend the Delaware Code in order to reinforce the business judgment rule. As the foremost business court in the nation, every Chancery Court decision is thoroughly scrutinized by the corporate world, so when the court goes against normal business practices, corporations grow wary in their trust of the State. Thus ensues a scramble by the State to pass legislation that will protect corporate interests. With these recent decisions, however, the Chancery Court may have lost its footing, and Delaware could soon see a mass corporate exodus with the …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Tribute To Professor Brian C. Murchison, Mary Z. Natkin, Adedayo (Dayo) Abah, Richard K. Welch, C. Elizabeth Belmont, Melanie D. Wilson, Brant J. Hellwig, Barry Sullivan, Patrick Darby, John M. Perryman, Kelly L. Faglioni, Nathan Heastie, Brandon Hasbrouck

Washington and Lee Law Review

No abstract provided.

Local Institutions Mediate Effects Of Land Scarcity In Indigenous Territories In Amazonia, Ana Lucía Araujo Raurau, Oliver T. Coomes

Student Publications [Scholarly]

Indigenous territories in Amazonia sustain forest cover through the practice of swidden-fallow agriculture, yet declining land availability threatens both the ecological sustainability of this agricultural system and its contributions to community livelihoods. While scholars recognize land scarcity’s potential to drive transformations in shifting cultivation systems, we lack a systematic understanding of how local institutional frameworks shape heterogeneous responses to resource constraints. This study examines how land access mechanisms, distribution dynamics and property regimes among Indigenous communities mediate experiences of and adaptations to land scarcity in the Peruvian Amazon. We conducted a comparative case study of Solidaridad and Tamboruna, two land-scarce …

The Impact Imperative: Building Universities And Institutions That Demonstrably Matter, Scott Fritzen

Asian Management Insights

The university has never been more powerful— or more embattled. Research output has expanded sharply. Global collaborations span continents. Elite institutions, once concentrated in the West, have taken root across Asia, the Middle East and beyond. Universities anchor innovation districts, train professionals and generate discoveries that shape modern life. By the conventional measures long used by the academy to evaluate itself—publications, rankings, enrolments, revenue—higher education, taken as a whole, is thriving in many contexts.