Digital Commons Network^™

Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara J. Bruce

Faculty Publications

Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

Civil Death By A Thousand Cuts, Eisha Jain

Faculty Publications

Commentators have leveled trenchant critiques of collateral consequences of criminal conviction, analogizing them to a form of “civil death.” This Essay develops the related concept of “civil death by a thousand cuts” in two senses. First, penalties such as voting bans or deportation after a conviction are often just the tip of the iceberg. Second, a system of far-flung, intertwined civil and criminal penalties portends the death of a civil society capable of recognizing and mediating excessive penalties. Recognizing how these penalties operate—and how difficult they can be to address—is a critical step toward creating a more proportionate criminal legal …

The Trademark Bargain: Registration As Disclosure, Dustin Marlan

Faculty Publications

This Article highlights the central—and under-theorized—role that disclosure plays within trademark law. By loose analogy, the patent disclosure requirement is a cornerstone of patent law, embodying the “patent bargain” where an inventor must disclose their invention in exchange for a twenty-year monopoly. This quid pro quo is believed to stimulate the progress of science and technology, making patent disclosure the very pulse of the patent regime. However, the fundamental importance of disclosure in trademark law remains underexplored. Like patents, trademark law imposes a rigorous bargain—to obtain the enhanced rights granted by federal registration, trademark owners must first make significant disclosures …

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

Bad Parenting On Trial: How Gender, Race, And Class Shape Parental Responsibility Prosecutions And Laws For School Shootings, Makayla R. Foust

Washington and Lee Journal of Civil Rights and Social Justice

In 2021, James and Jennifer Crumbley became the first parents in the United States to be found guilty of involuntary manslaughter in connection with their son’s school shooting that killed four people and injured multiple others. As school shootings continue to devastate communities across the country, prosecutors are increasingly holding parents criminally liable for their children’s actions. This development raises fundamental questions about justice, accountability, and the limits of criminal liability. While these laws aim to curb gun violence by enforcing parental accountability, they will disproportionately affect marginalized communities, particularly along gender, racial, and socioeconomic lines. As legal precedent expands, …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

Chevron Deference, Prospective Gay Parents, And The Need For A Centralized Child Welfare System, Mantas Grigorovicius

Washington and Lee Journal of Civil Rights and Social Justice

For over four decades, Chevron deference allowed federal agencies to exercise considerable discretion in interpreting laws, enabling them to implement broad regulatory agendas. This deference was pivotal for administrative agencies, such as the U.S. Department of Health and Human Services (HHS), in shaping public policy. However, in 2024, the U.S. Supreme Court decided to overturn this precedent, shifting power from agencies to courts and potentially reshaping the regulatory landscape. This Article examines the implications of this change within the context of child welfare, focusing on HHS’s role in foster care. As states often rely on taxpayer-funded private child-placing agencies to …

Imprisoned Without A Verdict: The Constitutional Crisis Of Pre-Trial Solitary Confinement, Symone R. Gibbs

Washington and Lee Journal of Civil Rights and Social Justice

Kalief Browder’s name endures as a chilling reminder of the human cost of pre-trial solitary confinement. His story reveals the constitutional paradox and moral failure at the heart of this practice: Individuals who remain legally innocent are subjected to one of the harshest punishments the state can impose. This practice strips people of their liberty twice over, first through incarceration itself, and again through prolonged isolation that inflicts devastating psychological harm. Despite its severity, the use of solitary confinement against pre-trial detainees remains largely overlooked in legal scholarship and reform, even as it undermines the presumption of innocence, exacerbates systemic …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Previsit Ai: A Retrieval-Augmented Generation For Patient Readiness In Clinical Encounters, Rolande Umuhoza

All Graduate Theses, Dissertations, and Other Capstone Projects

With healthcare systems under growing pressure from rising patient volumes and shrinking consultation windows, improving how patients communicate with physicians has become essential to delivering quality care. Yet patients routinely arrive at appointments unable to clearly describe their symptoms, recall their medical history, or articulate concerns, contributing to miscommunication, diagnostic inefficiency, and pre-visit anxiety. This study introduces PreVisit AI, a conversational system designed to address this gap through structured, knowledge-based patient preparation. The system is built on a Retrieval-Augmented Generation (RAG) architecture combining HuggingFace sentence embeddings (all-MiniLM-L6-v2), a Chroma vector store, and Google’s Gemini language model over a curated seven-document …

Vision-Language System Using Open-Source Llms For Consent And Instruction Gestures In Medical Interpreter Robots, Tung Ngo, Emma Murphy, Robert Ross

Conference papers

Effective communication is vital in healthcare, especially across language barriers, where non-verbal cues and gestures are critical. This paper presents a privacy-preserving vision-language framework for medical interpreter robots that detects specific speech acts (consent and instruction) and generates corresponding robotic gestures. Built on locally deployed open-source models, the system utilizes a Large Language Model (LLM) with few-shot prompting for intent detection. We also introduce a novel dataset of clinical conversations annotated for speech acts and paired with gesture clips. Our identification module achieved 0.90 accuracy, 0.93 weighted precision, and a 0.91 weighted F1-Score. Our approach significantly improves computational efficiency and, …

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Carolyn Buxton '71-Mardy Walker '66, Carolyn Buxton, Mardon Walker

Alumni Oral History Project

No abstract provided.

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

Enhancing Hospital Length Of Stay Using Ai Agent Modular Capabilities, Dami Fred

Theses and Dissertations

Hospital Length of Stay (LOS) analysis is essential for managing hospital efficiency and financial performance, yet the analytical depth required remains inaccessible to many organizations due to technical and resource constraints. This thesis introduces the AI Agent Modular Capabilities (AIAM) framework, which decomposes LOS analysis into discrete, codifiable capabilities integrated into a single skill activatable with one prompt. Seven AI Agent Modular Capabilities were developed using a Work Breakdown Structure and tested against a simulated hospital scenario across three successive skill versions. Results demonstrate that the packaged AIAM skill produces comprehensive, consistent, multi-section LOS analyses from a single interaction, outperforming …

Thinking Machines: Cybernetics, Artificial Intelligence, And Technological Anxiety In The American Cold War, Erin Mae Wilcox

Theses and Dissertations

Following the Second World War, cybernetics emerged as a cross-disciplinary study in philosophy, neurophysiology, electrical engineering, and mathematics. Cyberneticists proposed the formal study of the man-machine analogy; that is, to equate biological structures to a complex mechanical system. Drawing from this analogy, cyberneticists used programmable digital computers to emulate the functions of the human brain. The study of artificial intelligence emerged within this cybernetic discourse in the early 1950s; yet, by the mid-1960s, the two disciplines suffered a methodological fracture. Drawing from a tradition generated by this fracture, historians have traditionally examined cybernetics and artificial intelligence in isolation from one …

Mexico’S Judicial Elections And The Politics Of Reform, Amanda Driscoll, Michael J. Nelson, Julio Ríos-Figueroa

Judicature International

No abstract provided.

Toys As Evidence, Randall K. Johnson

Faculty Works

This Essay asks and answers a single question, which was posed during a recent symposium at the National Museum of Toys & Miniatures. Could the study of revealed preferences, which is the idea that observed behaviors are the best indicator of one’s beliefs, improve our collective understanding about what constitutes unlawful discrimination in certain U.S. markets? A possible answer, which is informed by the Brown v. Board of Education decision, is the study of revealed preferences may improve our collective understanding for three reasons.

One reason is the study of revealed preferences provides a window into how some producers and …

Frederick Douglass, D.C. Recorder Of Deeds, Randall K. Johnson

Faculty Works

No abstract provided.

Revolutionizing The Cross-Border Payment System, Muhui Shi

Michigan Technology Law Review

When you bought your coffee this morning, you probably didn’t notice that many cross-border payments were hidden in the process of shipping beans in Ethiopia to the barista in your neighborhood. Comprising more than ten percent of what U.S. consumers spend, cross-border payments are an essential part of U.S. dollar dominance and commercial competitiveness. Yet, the outdated cross-border payment system—shrinking constantly in reach and struggling with structural changes—is demanding a complete upgrade.

What is the best path forward? Cryptocurrencies? E-money? Stablecoins? Central bank digital currencies (CBDCs)? In this article, I answer the question by uncovering the core needs of the …

Regulating Ai Beyond Product Liability, Shruti Trikanad

Michigan Technology Law Review

Artificial Intelligence (AI) is being used by governments across the world to enforce regulatory mandates, adjudicate benefits and privileges, predict and analyze risks, and much more. Although this has significant potential to increase efficiency and responsiveness, it also comes with several risks of transparency, government accountability, and the amplification of discrimination and bias. It is crucial we oversee and regulate these AI systems effectively. This essay argues against the models that current regulatory frameworks are adopting to govern AI use: those resembling product liability.

Through the lens of the European Union's AI Act and Liability Directive, it highlights the unsuitability …

Health, Patents, And Path Dependence: India's Pharmaceutical Crossroads, Jacie Bissell

Michigan Technology Law Review

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial …

Recovering From The Ego Death Of The Internet: How The Communications Decency Act Has Shattered Cyber-Libertarianism And The Non-Exceptionalist Move Toward A Brighter Digital World, Peyton Friedlander

Michigan Technology Law Review

For nearly thirty years, the legal framework for analyzing liability for claims of tortious wrongdoing on the Internet has been governed by Section 230 of the Communications Decency Act (“CDA”). However, much has changed since the Act’s inception. Since Congress enacted the CDA, courts have interpreted its provisions far beyond their original meaning, creating a regime that ultimately destroys a prospective plaintiff’s ability to recover the equitable remedies once available to those seeking redress for online invasions of privacy and reputational harms.

As the Internet continues to grow and changes in technology rapidly develop, it is time to re-center equitable …

Conversational Ai And Human-Centered First Amendment, Inyoung Cheong

Michigan Technology Law Review

Human-centered artificial intelligence (AI) is premised on the idea that humans must remain the ultimate locus of agency in technological systems. First Amendment jurisprudence has displaced this commitment. By extending speech protection to algorithmic architectures, the judiciary has forged a doctrinal shield that insulates corporate actors from the consequences of their products. Conversational AI deepens this crisis through intimate incursions into the epistemic and emotional registers of the self. Emerging approaches that anchor First Amendment coverage to the controllability or traceability of AI outputs offer no stable solution. Policy-level design choices such as safety guardrails and alignment processes can readily …

What Are Men Doing To Prevent Gender-Based Violence? Challenges And Resistance To Traditional Masculinities In Costa Rica, Fiorella Masís Aguilar

All Graduate Theses, Dissertations, and Other Capstone Projects

Achieving gender equality and reducing violence, especially violence against women, requires men's involvement. This research focuses on understanding the actions and strategies that Costa Rican men who challenge traditional masculinities use to question or resist hegemonic traditional masculinities. Furthermore, it explores what factors influenced the development of these actions and how the participants understand that hegemonic masculinities and their actions to change them are related to gender-based violence. According to Planning Department of the Judiciary of Costa Rica, four out of five perpetrators of violent crimes are men, and eight out of ten victims are women. Using semi-structured interviews with …

"What Does It Mean If I Am Silent?”: Bipoc And Lgbtq+ Educators’ Narratives Of Identity, Responsibility, And Student Protection, Julie Nicole Von Stein

Theses, Dissertations and Capstones

This qualitative study examined how BIPOC and LGBTQ+ educators describe their experiences navigating curriculum restrictions and book bans in politically restrictive educational environments, their perceptions of administrator support, and how their identities uniquely shape their decisions about resistance and risk. Grounded in Scott’s theory of everyday resistance, the study explored the ways BIPOC and LGBTQ+ educators make decisions about resistance when curricular content connected to race, gender, sexuality, and marginalized identities is challenged or restricted. Data were collected through semi-structured interviews with educators who identify as BIPOC and/or LGBTQ+, allowing participants to describe their experiences, decision-making processes, perceived risks, and …

Suicidality, Self-Neglect, And Medical Refusal In Advanced Illness: An Ethical Case Report, Austin Supak, Sarah Greene, Madeline Adelman, Whitney Snyders

Continental and Mountain Divisions GME Resarch Day 2026

No abstract provided.

Countryside Aflame: Fire As A Hazard In The Rural Philippines, 1850–1950, Greg Bankoff, Marie Beatriz D. Gulinao, David O. Lozada Iii, Mary Donna Grace Cuenca

History Department Faculty Publications

Fire has shaped human evolution, social organisation, and technological development, yet modern fire science remains anchored in categories derived largely from Western experience: wildland fires, the wildland–urban interface, and urban conflagrations. These frameworks obscure a fourth, largely overlooked regime– village fire– rural settlements that lack the structural protections, materials, and services characteristic of urban areas. In the Philippines, where rural settlement dominated into the twentieth century, village fire was the principal way people encountered fire risk. Using evidence from the Historical Data Papers (1951), this study reconstructs a village fire regime marked by highly combustible construction, new technological sources of …