Digital Commons Network^™

Reevaluating Consumer Debt Enforcement: Why We Don’T Need Courts To Enforce Consumer Debt Contracts, Adam Toobin

Fordham Journal of Corporate & Financial Law

Enforcing consumer debt contracts against low- and middle-income borrowers, rather than making consumer debt markets work better, is inefficient and exacerbates consumer protection concerns. While consumer debt litigation—and enforcement of consumer debt contracts through wage and bank account garnishment—may have once strengthened nascent consumer debt markets, consumer credit scoring now effectively structures consumers’ incentives to repay their debt obligations. Debt enforcement is not necessary to encourage consumers to repay their debts and tends to drive borrowers into bankruptcy. Debt enforcement also undermines efforts to provide consumer protection in these markets by raising the stakes of any debt contract—where any default …

Insider Trading In Crypto Assets—Back To First Principles?, Katja Langenbucher

Fordham Journal of Corporate & Financial Law

This Essay examines whether the traditional rationales for prohibiting insider trading, which were developed for securities markets that facilitate capital formation, translate meaningfully to the emerging regulatory landscape for crypto assets. It contrasts the U.S. duty-based regime, grounded in fraud and fiduciary or confidential relationships under Rule 10b-5, with the EU’s information-based approach under the Market Abuse Regulation, which links trading prohibitions to mandatory disclosure of inside information. The former has proven underinclusive—prompting prosecutors to rely on wire fraud in recent crypto cases such as Wahi and Chastain while the latter tends toward overinclusivity. 

Turning to the newly emerging regimes …

Directors’ Fiduciary Duties In The Likelihood Of Insolvency, Miguel Martínez Muñoz

Fordham Journal of Corporate & Financial Law

The purpose of this Essay is to analyze the Directive and its interaction with American law in order to establish some considerations in coordinating the provisions of insolvency and corporate law. This Essay focuses on the configuration of a new framework of directors’ liability in which, among other aspects, the identity of the parties subject to the duties is expressly defined, as well as the application of the rules regulating the protection of corporate discretion as well as the application of the rules regulating the business judgment rule. In turn, the Essay puts forward some proposals for a solution to …

Antitrust And Tech Giants: Learning From United States V. Google Llc, Marcus D’Agostino

Fordham Journal of Corporate & Financial Law

This Note addresses the evolution of antitrust regulation and enforcement in the United States, with a focus on the recent case of United States v. Google LLC. That case is used to frame the broader problem of insufficient remedies being implemented against large technology firms. The mild remedies granted to the government in Google reinforce the findings of the 2020 Congressional Report on Digital Competition. The Report recommended changes to the antitrust laws that would revive structural separation as a remedy. This Note argues that the body of evidence presented compels structural separation to be used more frequently as the …

Corporations’ First Amendment Rights And Algorithmic Cocoons, Sol Murgui Orsucci

Fordham Journal of Corporate & Financial Law

This Note examines how corporate First Amendment doctrine applies to algorithmic systems that curate commercial information and public discourse across online platforms. Courts have increasingly treated ranking, recommendation, and moderation practices as exercises of protected editorial judgment. At the same time, the Court has justified protection for corporate speech in part by reference to listener-centered interests in access to information and competitive comparison. This Note argues that the interaction between these doctrinal strands and contemporary algorithmic intermediation reveals a structural tension. Data-driven optimization can generate individualized informational environments—what this Note terms “algorithmic cocoons”—in which users encounter content, offers, and prices …

Dedication, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Does Voluntary Manslaughter Exist In South Dakota?, Gregory Brazeal

South Dakota Law Review

The American legal tradition generally distinguishes between cold-blooded, premeditated intentional killing and hot-blooded, spontaneous intentional killing. The former has traditionally been categorized as murder and the latter as the lesser crime of “voluntary manslaughter.” South Dakota’s homicide statutes, interpreted based on their plain meaning, depart from this deeply rooted tradition. The closest equivalent to the crime of voluntary manslaughter appears in South Dakota’s first-degree manslaughter statute, which includes a prohibition on homicide “[w]ithout any design to effect death . . . and in a heat of passion, but in a cruel and unusual manner.” The phrase “heat of passion” suggests …

Oversight Of Conservatorships And Guardianships In South Dakota: A Call For Legislative Reform, Peyton Forney-Rassat

South Dakota Law Review

Courts have the legal and ethical duty to monitor guardianship and conservatorship cases in order to protect the rights and livelihoods of persons subject to such arrangements. With increased aging populations and people with disabilities in America, this has become an area of concern for both federal and local governments. Lack of data regarding the number of guardianships and conservatorships present in America, as well as the number of individuals subject to abuse in such arrangements, has become difficult to address. However, recent highly publicized cases have brought this issue to the forefront of many American minds. The number of …

Bundle Of Bytes: The Legal And Ethical Considerations For The Transfer, Ownership, And Disposition Of Digital Assets, Wendy Donelan Madsen

South Dakota Law Review

The right to transfer, own, and dispose of one’s assets after death is one of Americans’ most cherished rights. For most of the last century, Americans primarily held tangible assets, which were sufficiently managed through estate administration laws. Some key rights, such as transferring, owning, and disposing of tangible assets, are well understood by the bundle of sticks analogy common in property law. However, in the twenty-first century, Americans have accumulated significant digital assets that also require transfer, ownership, and disposition. Yet the current laws governing intangible assets do not adequately address these needs. Therefore, the bundle of bytes offers …

The Skidmore Compromise: Interpreting Skidmore As A Tiebreaker To Preserve Judicial Wisdom In The Era Of Loper Bright, Mitchell Zaic

Minnesota Law Review Vols. 106:2 onward (2021-present)

‘Law must be stable, and yet it cannot stand still.’ Here is the great antinomy confronting us at every turn. Rest and motion, unrelieved and unchecked, are equally destructive. The law, like human kind, if life is to continue, must find some path of compromise. – Judge Cardozo

In the summer of 2024, the world of administrative law was upended when the Supreme Court overruled the Chevron decision. Chevron had long served as one of administrative law’s foundational cases and it had been the foremost vehicle by which Courts analyzed agency interpretations for decades. But suddenly, the case was gone …

Zero Tolerance Or Strong Cultural Diversity: The Hard Case Of Female Genital Surgery, James M. Donovan, Christiane Canant

Law Faculty Scholarly Articles

This article applies a thesis favoring strong cultural diversity to defend a subject-centered policy regarding female genital surgeries (FGS). That idea posits that cultural variation holds an intrinsic value that should be presumptively respected when setting policy and creating law. Correlatively, cultural homogenization, especially by force, should be resisted. 

Taking as a starting point the recent celebration of the United Nation’s Day of Zero-Tolerance for Female Genital Mutilation, the paper reviews the context of FGS practices in various societies and critiques the inconsistencies of U.N. arguments to advance its goal of total elimination by 2030. Especially problematic for the U.N. …

No More Ieepa Tariffs? The Legal Bases Of An Alternative Regime, Lawrence J. Liu

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

Since retaking office in January 2025, President Trump has accelerated and expanded his use of tariffs. Although many of these actions had been taken pursuant to a novel application of the International Emergency Economic Powers Act (IEEPA), the Supreme Court held in Learning Resources, Inc. v. Trump that IEEPA does not authorize the President to impose tariffs. This adverse decision notwithstanding, the administration continues to signal that its tariff regime will continue under different legal authorities.

This Essay thus trains attention on the likely legal bases of that alternative regime. I focus on six tools that have been or could …

Managing Deportation: How Docket Control Replaced Substantive Relief In Immigration Courts, Linus Chan

Articles

In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges, with the latest being the pair of immigration reforms from 1996, shifting the locus of individualized decision-making away from the courts and toward enforcement officers and prosecutors. Immigration courts lost discretion in being able to decide who could formally be granted status and stay in the United States when facing deportation through various restrictive eligibility requirements written into the law.

This Article argues that …

No One Told Their Story: Acculturation, Faith Formation, And Belonging In Multicultural Congregations Led By African American Pastors, Alicia L. Partee

Doctor of Ministry

The search for meaning, identity coherence, and belonging often intensifies when individuals cross cultural boundaries. Faith communities can serve as sanctuaries for identity renegotiation, but congregations may also reproduce the social distance and exclusion found in the broader society. This dissertation addresses a scholarly and pastoral gap at the intersection of acculturation and Christian faith formation, and more specifically how identity, belonging, and spiritual formation are negotiated within multicultural congregations led by African American pastors in San Jose, California, and similar contexts.

Drawing on acculturation research in psychology, sociology, and anthropology, this study examines how culturally diverse newcomers experience culture …

Binding The Strongman: Understanding And Disarming Society's Anxious Systems, Jacob Eugene Osborne

Doctor of Ministry

Binding the Strongman seeks to address an underlying problem at the heart of western evangelicalism, an idolatry which contemporary Christianity has become enmeshed in as it relates to political figures, cultural influencers, and unhealthy spiritual leaders. The NPO examines how evangelicals engaged in politics are encountering barriers to spiritual growth largely due to systemic social and spiritual leadership issues caused by their position in a relational system that is experiencing chronic anxiety.

Binding the Strongman addresses underlying dynamics at the heart of every Christian, such as the unhealthy emotional systems they are prone to rely on as systems of truth, …

The New, New Song: Answering Decline In Mainline Communities Of Faith, Daniel Garrett Kuckuck

Doctor of Ministry

This project addresses the NPO Statement: “The practical theology of mainline congregations in decline is no longer speaking at all.” Research conducted across congregational contexts revealed that many communities of faith still believe deeply, but have lost the confidence and practice of articulating their faith story aloud. Decline is not only a matter of resources and worship size, but also of a congregation’s ability to name who they are, what God is doing among them, and why their story matters now.

The project emerges directly from my vocational context as a pastor and judicatory leader accompanying 130 worshipping communities across …

Embracing God's Call: The Case For The Ordination Of Black Female Pastors Within The Church Of God In Christ, Luquanda Hawkins

Doctor of Ministry

This dissertation explores the intersection of social justice and the ministry journey of Black women within the Church of God in Christ (COGIC), the most prominent Black religious denomination in the United States. It examines the historical and theological foundations of COGIC, with a focus on the systemic devaluation of Black women, the suppression of their leadership roles, and the antiquated policies that confine them to subservient positions. This study argues that the denial of leadership opportunities to women constitutes unequal treatment and represents a critical social justice issue.

The research highlights how many Black religious organizations, including COGIC, have …

Imagining South Korean Nationhood Through Remembering And Forgetting The South Korean Military In The Vietnam War, Robinson P. Lee

Pitzer Senior Theses

Little more than a decade after being victimized by the devastating Korean War, South Korea fought in another devastating civil war in Asia, the Vietnam War. How is South Korean nationhood and political identity understood and articulated in the face of existential national questions presented by the Vietnam War? This thesis uses social and oral history approaches to put a myriad of primary and secondary sources in conversation with one another, building on the existing, limited English-language literature on South Korean military involvement in the Vietnam War. These approaches include examining narratives of Vietnam War atrocities, of an organized group …

Behemoth Unbound: An Internal Critique Of Carl Schmitt’S Nazi-State Structure, Zaynamin Murtaza

CMC Senior Theses

This paper offers an internal critique of Carl Schmitt's Nazi-era state theory from the perspective of the counterrevolutionary political-theological tradition to which Schmitt belongs. Using Schmitt's political-theological method which holds that all political theories have a systematic theological structure, the paper argues that Schmitt's 1933 turn to National Socialism contradicts this tradition. The paper proceeds in five sections. The first establishes the political-theological framework that will be utilized throughout the paper. The second develops Schmitt's concept of the katechon—the restrainer of lawlessness drawn from Christian eschatology— which he uses as a model for his theory of the state. The …

Revenge Of The Interceptors? The Dod, Congress, And The Return Of Space-Based Missile Defense During Trump 45, Chad Mcelroy

CMC Senior Theses

The initiation of the Golden Dome for America program has brought space-based missile defense (SBMD) to the forefront of American national security policy and rekindled debates that had laid dormant since the administration of President Ronald Reagan. How, forty-two years after President Reagan first proposed the Strategic Defense Initiative, did SBMD return as a national priority? In lieu of public information about the ongoing Golden Dome initiative, this thesis explores the first Trump administration, otherwise known as Trump 45, in order to analyze the development of SBMD proposals by its proponents in Congress and the Department of Defense. I used …

Sustainable Mobility In International, European And National Law: A Perspective From Europe, Lando Kirchmair

Journal of Law and Mobility

This Article develops a European perspective on sustainable mobility, a concept still underexamined in legal scholarship, and argues that meeting today’s mobility needs while preserving ecological foundations for future generations will not occur without deliberate regulatory intervention. After clarifying the evolution of the core concepts of sustainability, mobility, and sustainable mobility, the Article shows how international, European, and Austrian law have progressively incorporated sustainability goals in the transport sector. It then proposes a taxonomy of financial incentives–from subsidies and tax breaks to behavioral nudges—and evaluates their effectiveness, emphasizing the need for flexible, context-specific regulatory instruments. Applying these insights to self-driving …

Book Review: Automobiles, Cultures And The Question Of Law, Stephen M. Young

Journal of Law and Mobility

Unsettling Colonial Automobilities: Criminalisation and Contested Sovereignties is a compelling interdisciplinary and multileveled study that sits at the intersection of law, criminology, settler colonial studies, and cultural analysis. The authors are well-suited to this task. They include Professors Harry Blagg, with expertise in First Nations community-engaged criminology; Thalia Anthony, from legal and carceral studies; Wiradjuri scholar Juanita Sherwood, who studies Indigenous health and community research; and Kieran Tranter, an expert in cultural legal theory. Together, they offer a layered interrogation of how the motor vehicle and automobility shape the settler colonial ordering of Australia.

This review is comprised of three …

League Of Women Voters Of The Huntington Area E-Mail Bulletin, January, 2026, League Of Women Voters Of The Huntington Area

League of Women Voters of the Huntington Area Bulletin 2020 - Present

The periodical is published by the League, which is a nonpartisan political organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy.

Overbreadth In Medical Practice Acts: A Threat To Preventive Speech, Barbara Zabawa

Faculty Works

Many Americans consult unlicensed wellness coaches for scientifically-valid advice on diet, exercise, and lifestyle interventions. Yet state medical practice acts and ambiguous government line drawing between wellness and medical care chill the speech of these coaches as it relates to disease prevention, even though conventional medicine systematically fails to deliver the speech-heavy preventive care consumers need and want. This Article argues that medical practice acts, particularly the sixteen state statutes that include "prevention" in their definition of medical practice, are constitutionally overbroad restrictions on protected speech. Despite judicial and scholarly assumptions to the contrary, not all those working in wellness …

The American Anomaly: Feasibility Of Universal Healthcare, William Bernstein

Student Research and Publications

No abstract provided.

The Southern Roots Of Populist Rhetoric And The Growth Of Fundamentalism, Ethan Teems

Theses

The religious fundamentalism of the 1920s was a direct evolution of the Southern Populist movement of the 1890s. While populism began as a political crusade against economic exploitation, industrialization, and urbanization, it evolved into a movement that attacked modernity. The southern United States was rooted in a predominantly religiously homogeneous society. The Protestant religions that encompassed the region were unwilling to adapt to a changing society, allowing religious fundamentalism to expand.

Beginning with the cultural conflicts of the 1920s, such as the Scopes Trial and William Jennings Bryan’s activism, the study explains how fundamentalists framed their struggles against modernism as …

The Legal Philosophy Behind Zoos Confinement Of Animals, Jamie Lynn Tucker Crockett

Undergraduate Theses, Professional Papers, and Capstone Artifacts

In my essay, I will be diving into the controversial issue of Animal containment, focusing on zoos in the United States. I will be taking this opportunity to establish a new way of thinking about the argument which states the pros of zoos outweigh the negative effects they have on the animals who live there. Neither side of the argument has a malicious intention towards harming animals. Instead, each side shows a different approach of what it is to properly care, and respect for animal rights. Those arguing in support of zoos commonly reference arguments dating back to Aristotle. However, …

Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes, Catherine King

Journal of Criminal Law and Criminology

Peremptory strikes, while designed to craft fair and impartial juries, carry with them the potential for discriminatory use. Cognizant of this, the Court has imposed limitations on their use, producing over time the Batson line of case law. While Batson and its progeny aimed to eliminate discriminatory peremptory strikes, the consensus forty years later is that this goal remains unfulfilled—largely due to the continued acceptance of ostensibly race-, gender-, and ethnicity-neutral justifications. Religion has emerged as a frequent rationale, creating uncertainty about its permissibility and producing a circuit split.

Despite repeated calls for finality on the question of religion-based peremptory …

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …

Connecting Mens Rea And Actus Reus: Toward A New Theory Of Correspondence, Elise Sugarman

Journal of Criminal Law and Criminology

The justifiable imposition of criminal liability requires more than possession of mens rea and performance of an actus reus. A defendant’s mens rea and actus reus must also connect in a particular way. While this is a well-recognized principle in Anglo-American criminal law, the nature of the required connection—“correspondence”—is poorly understood.

This Article identifies three conflicting existent theories of correspondence from the criminal legal literature and from judicial reasoning: contemporaneity theory, actuation theory, and normative theory. According to contemporaneity theory, correspondence requires that mens rea overlap in time with the actus reus. According to actuation theory, correspondence requires that mens …