Digital Commons Network^™

Our Clients’ Rights On Mute: Virtual Court, Due Process, And Judicial Discretion, Beena I. Ahmad, Julia Elhai

City University of New York Law Review

The use of videoconferencing as a substitute for in-person appearances began in immigration proceedings in the mid-1990s. During the height of the COVID-19 pandemic, its use expanded significantly in the criminal and civil contexts, when both state and federal courts invested heavily in the technology needed to conduct proceedings remotely. As we have exited the pandemic, courts have eagerly embraced virtual proceedings to reduce their overburdened dockets. Drawing from our experiences in federal and state court, we argue that judges should not be granted discretion to proceed by videoconferencing.

We posit that there is too great a danger that the …

The Architecture Of U.S. Fascism: Part Ii, Nina Farnia

City University of New York Law Review

In Part I of this series, I argued that the United States has always already been proto-fascist, but that today it is undergoing a transition into formal, de jure fascism. This transition is the result of a change in the class nature of the state itself.

In Part II, I focus on the legal architecture of fascism. I expose rule-of-law liberalism as having paved U.S. fascism’s path. I note the pernicious role of the law in class wars, race wars, gender wars, and global wars, with particular attention on the making of a total state. I then challenge the notion …

“Where Shall Wisdom Be Found?”: Seeking The Place Of Wisdom In Biblical Theology, Daniel J. Hanlon

The Journal of Inductive Biblical Studies

This article explores the place of biblical wisdom literature within biblical theology, challenging the claim that wisdom resists integration into theological frameworks. Using Klink and Lockett’s taxonomy, it surveys five approaches—historical description, history of redemption, worldview-story, canonical, and theological construction—showing that each successfully incorporates wisdom in distinct ways. Rather than privileging a single method, the article argues for the primacy of inductive study of the biblical text. Close attention to wisdom books reveals key epistemological, ethical, and theological dimensions, which provide a flexible framework for integrating wisdom literature into biblical theology across diverse interpretive approaches.

An Enduring Foundation: A Journey With Inductive Bible Study, David B. Schreiner

The Journal of Inductive Biblical Studies

No abstract provided.

The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell

Journal Articles

This article tracks the decline of respect for the prohibition of force, IHL, and human rights law. At the same time, it will clarify the inter-relationship of the three bodies of international law relevant to armed conflict. The article also considers why presidents first began to “abandon peace.” The evidence indicates that a major reason involves the influence of realist political theory. Realism asserts that national security is attained by amassing and demonstrating superior military capability. A president who follows the theory will defy the law against the use of force. Following realism is also at odds with the empirical …

A Trusteeship Theory Of Pro Bono: Versions And Perversions, David Luban

Georgetown Law Faculty Publications and Other Works

This chapter develops a trusteeship justification of pro bono, arguing that lawyers, as trustees of a public legal system created through democratic self-authorship, have a moral obligation to help address the persistent justice gap affecting persons of limited means. It evaluates multiple forms of pro bono — including voluntary, mandatory, low bono, and state-compelled service — evaluating how well each aligns with the trusteeship model. The chapter contrasts the trusteeship theory with, and criticizes, two alternative justifications for pro bono: presumed lawyer consent rooted in professional tradition and a quid pro quo based on state-authorized privileges. It concludes by distinguishing …

How Do Female Artists In The Middle East Navigate Art Market Legitimacy, And How Do Experiences Differ Between The Levant And Gulf Regions?, Noura Alzaim

MA in Art Business Dissertations

This dissertation examines the journeys and challenges faced by female artists in the Middle East as they strive for recognition and legitimacy within the region’s evolving art markets. By comparing the lived experiences of artists from the Levant, where creativity often flourishes in grassroots and diaspora circles, to those cultivating their careers amid the state-driven, rapidly expanding cultural landscape of the Gulf, the research brings distinct artistic perspectives into conversation. Combining interviews, theoretical inquiry, and analysis of press releases, essays, and market data, the study highlights how history, political context, and institutional structures shape opportunities and obstacles. Central chapters show …

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Leaning Into Absence: Lessons From Kony, Mark A. Drumbl

Scholarly Articles

This article begins with the confirmation of charges decisions undertaken by the International Criminal Court in the Kony case. These proceedings struggled with the reality of in absentia. This article addresses the high absentee rate among individuals against whom the International Criminal Court (ICC) has issued arrest warrants and notes the stark presence of absence in the ICC’s work as well as within the enforcement of international criminal law at large. This article suggests that international criminal lawyers lean into the prevalence of absence and reboot predominant collective thinking. One path forward is to truly and warmly embrace transitional …

Keeping Evidence Real, Anya Bernstein, Julia Simon-Kerr

Faculty Scholarship

Commentators largely agree that the Federal Rules of Evidence have problems. Expert testimony standards admit junk science. Impeachment rules chill defendant testimony. The hearsay regime defies consistent application and obstructs self-representation. The list goes on: Many rules fail to assist, or affirmatively thwart, jurors trying to make good decisions. Such shortcomings disproportionately harm those with the least power in the system, raising profound questions about whether the evidence code serves its statutory mandate—to promote truth and justice in court proceedings. In the face of widely recognized problems, the government body charged with managing the evidence code—the Advisory Committee on Evidence …

Sidelining The Public, Anya Bernstein, Glen Staszewski, Wendy E. Wagner

Faculty Scholarship

This Article challenges the widely held view that Congress is the American government’s institution closest to the people, while administrative agencies are unaccountable and unresponsive. Providing a systematic, side-by-side institutional analysis, we compare the actual practices and capacities of these two institutions to engage affected publics in policymaking. We find that despite the democratic bona fides of an elected legislature, agencies possess superior capacities, more evolved practices, stricter rules, and stronger incentives for meaningful public engagement. Yet these capacities have been eroded—particularly over the last 50 years—by intensifying legal, political, and managerial obstacles. The Supreme Court and political actors have …

Privacy’S Autonomy Thicket: Disentangling Choice, Consent And Control, Jordan Francis, Woodrow Hartzog, Neil Richards

Faculty Scholarship

When it comes to talking about autonomy, privacy law could use a little clarity. Its discourse uses terms like “choice,” “consent,” and “control” to evoke autonomy, but these terms are too rarely defined and too often used interchangeably, even though they can mean very different things. The three terms have become entangled in a way that has become confusing and counterproductive. We call this problem “privacy’s autonomy thicket,” and it matters because it encourages talking past each other in policy debates, enabling the redefinition of these terms in misleading ways that produce weak and disempowering “notice and choice” regimes.

In …

Beyond Price: How Platform Power Shapes Demand Allocation In Online Hotel Channels, Ling Ling, Timothy Webb, Zvi Schwartz

Human Movement Studies & Special Education Faculty Publications

Rate disparity remains a widely used but poorly understood pricing strategy in the hotel industry. While previous research generally assumes that lower prices shift demand toward less expensive channels, this study investigates whether such effects occur in practice. Using high-frequency booking and pricing data from five full-service hotels across multiple online travel agencies (OTAs), we analyze how rate disparity relates to the distribution of demand across channels. The findings show that the impact of price differences is limited, highly non-linear, and strongly dependent on contextual factors. Channel market power and hotel-specific characteristics seem to play a more significant role than …

Bloodstain Pattern Analysis And The Gatekeeping Role Of Canadian Courts, Sara Gordon

All Faculty Publications

Despite its long history of admission throughout North America, there appears to be no published Canadian case subjecting bloodstain pattern analysis to the special scrutiny Canadian law demands for novel or contested scientific evidence. Instead, courts have admitted the evidence based largely on the training and experience of forensic examiners, taking it for granted that the field is sufficiently reliable. However, the application of the White Burgess framework reveals that there are serious and severe concerns about the underlying scientific validity of the technique which should render it generally inadmissible. At Stage One of White Burgess, bloodstain pattern analysis fails …

Race And Racism In Canada’S Immigration Detention System, Efrat Arbel, Prasanna Balasundaram, Hanna Gros, Nana Yanful

All Faculty Publications

Race and Racism in Canada's Immigration Detention System is the first comprehensive, independent study to examine race and racism in Canada's immigration detention system. Grounded in rigorous legal analysis and qualitative research, the study draws on interviews with 50 participants, including people with lived experience of immigration detention, as well as lawyers, paralegals, and service providers who work in immigration detention. The research was guided by an advisory board of people with lived-experience in immigration detention and co-led by a collaborative research team.

Model Law? Template Legal Culture And The Global Production Of Environmental Law, Natasha Affolder

All Faculty Publications

Lawyers build from templates. Accounts of how law is made rarely mention them. New legislation tends to present itself as original. It is almost never made from scratch. This article makes the hidden process visible. It does so through a study of the near-global spread of environmental impact assessment (EIA) legislation since 1969, using computer-assisted textual similarity analysis to trace what I expected to be identifiable model laws and clear lines of legal inheritance. The search yielded instead a transnational repertoire of legal fragments, repeatedly recombined into new legislative forms across different legal traditions, languages and decades. EIA's legislative spread …

Was The Early U.S. Tax Treaty Program A One-Man Show?, Wei Cui

All Faculty Publications

This article examines the origins of the U.S. tax treaty program from the mid-1930s to the early 1950s. Drawing on congressional records and previously unexamined Treasury and State Department archives, it argues that the program was shaped to an extraordinary degree by a single Bureau of Internal Revenue official, Eldon P. King. Far from merely administering treaty policy, King effectively created and directed it: he developed legal justifications for treaty negotiations, selected negotiating partners, led negotiations, managed relations with the State Department, and helped secure Senate acceptance of the resulting agreements. The article shows how King transformed the limited treaty-related …

A Qualitative Study Of Undergraduate Underrepresented Minoritized Students’ Online Learning Experiences, Susanne Morris

Theses and Dissertations--Curriculum and Instruction

This dissertation reports a qualitative secondary analysis of 37 semi-structured interviews with 40 undergraduate underrepresented minoritized (URM) students. Guided by social constructionism and intersectionality, the study explores how students make sense of online learning as a sociomaterial environment, attending to perceptions of constraints, affordances, and missing or misaligned signifiers. Interviews were analyzed using Braun and Clarke’s Reflexive Thematic Analysis to examine how institutional norms and course design shape what students experience as doable, safe, and meaningful. The study offers insight relevant to research and practice in equity and online learning.

Adolescent Relationships With Digital Actors And Their Influence In A Classroom Setting: An Interpretive Case Study, Kerry A. Hancock

Theses and Dissertations--Curriculum and Instruction

In this post-COVID-19 society students are strongly influenced by their use of digital text and electronic devices. The assumption of the study was that if students spend time with devices and digital text that it might be possible for them to develop relationships with the non-human actors that exist as part of the learning environments in schools. This  interpretive case study rooted, in Posthumanist ideology, used Latour’s Actor Network Theory to approach data collection.

A comparative approach was adopted for this interpretive case study research and data were collected in three stages: initial classroom observation and analysis to determine the …

Enhancing International School Implementation Capacity: Supporting Contextualized Learning At An International Baccalaureate School In China, Christopher J. Hayden Iv

Theses and Dissertations--Educational Leadership Studies

International schools allocate substantial resources to implement progressive curricular innovations; however, the advantages offered by these developments are contingent on their effective execution within classroom settings. This mixed methods action research (MMAR) study examined the implementation of the International Baccalaureate (IB) Global Context (GC) Strategy in the Middle Years Programme (MYP) at an international school in China and asked how the school might strengthen its capacity to enact this and similar innovations. Following a sequential MMAR design, a reconnaissance phase combined a whole-staff survey (n=87) with qualitative interviews to diagnose the individual, organizational, and contextual factors shaping implementation. Analyses identified …

From The Ivory Tower To The Town Square: Defining The Public Scholar, Mary K. Littlepage

Theses and Dissertations--Educational Policy Studies and Evaluation

The term public scholar has gained increasing attention among academics and institutions, yet it lacks a definition grounded in empirical methods. This has left the term open to interpretation and led to inconsistencies in its application. Existing definitions are theoretical and emphasize a public scholar’s effort to bridge the gap between research and practice. My aim for this study was to conceptualize and preliminarily operationalize the term public scholar as a construct drawing on qualitative and quantitative data. Through a thematic analysis and initial Rasch scaling, I provided clear parameters around the construct specifically highlighting a public scholar’s behavior (practices), …

Unveiling The Shadows: An Exploratory Study On Ghostwriting, Gray Markets, And The Ethics Of Contract Cheating, Micah Crawford

Theses and Dissertations--Educational Policy Studies and Evaluation

Contract cheating has become an increasingly complex challenge for higher education, particularly as digital platforms, global academic labor markets, and generative artificial intelligence reshape the production and detection of academic work. While much of the existing literature examines contract cheating from the perspectives of students, faculty, and institutions, less attention has been given to the individuals who produce ghostwritten academic work. This dissertation addresses that gap by exploring how shadow scholars understand their roles, ethical boundaries, and participation within the academic integrity ecosystem.

Using an exploratory qualitative design, this study draws on twelve semi-structured narrative interviews with six freelance academic …

Are Multiple-Choice And Open-Ended Assessments Consistent In Predicting Science Achievement? Multivariate Multilevel Evidence From Chinese Students And Schools, Quan Wu

Theses and Dissertations--Education Sciences

A multivariate multilevel model was developed and applied to secondary data from a large-scale science assessment of Grade 8 students in China to examine the consistency between multiple-choice and open-ended formats of assessment in predicting science achievement at the student and school levels. The sample included 44,534 students from 159 schools across two regions. Multivariate multilevel results indicated a moderately positive consistency between the two formats at the student level and a strongly positive consistency at the school level; these consistencies were stable across regions and did not depend on student and school characteristics. The findings have important practical implications …

The Operationalization Of Student Success: How Institutions And Divisions Of Student Affairs Define And Align Non-Academic Student Success With External Accountability Expectations, Madeline N. Trudeau

Theses and Dissertations--Educational Policy Studies and Evaluation

This qualitative multi-case study investigates how higher education institutions and their divisions of student affairs publicly discuss and define non-academic student success through their strategic planning, within the context of external pressures from state legislatures and accrediting bodies. Grounded in Organizational Learning Theory, Transition Theory, and Theory of Student Involvement and Engagement, this study analyzes the alignment and divergence between external policy expectations and internal institutional and divisional strategic plans.

The findings reveal a fundamental tension; while external stakeholders increasingly demand quantifiable outcomes tied to economic productivity - like post-graduate wages and employability metrics - divisions of student affairs continue …

Good Faith And Certainty In Contract Law, Marcus Moore

All Faculty Publications

Does a general principle of good faith create too much uncertainty in  Contract Law? This article provides in-depth consideration of the controversy around this question.Reviewing a number of common arguments and reasonswhy good faith is said to be too uncertain, and responses to these, the article finds a complex picture rather than a simple answer. Recent Canadian experience with recognising a general principle of good faith in contractual performance suggests that at least two further details are critical to the potential for uncertainty: first, whether good faith operates as a freestanding duty or instead functions as a unifying principle that …

Efficient Preservation Of Old Methane-Derived Organic Carbon In Deep-Sea Surface Sediments, Rui Bao, Yangli Che, Mingzhi Liu, Naiyu Zhang, Yang Zhou, Lihua Dong, Shen Li, Owen A. Sherwood, Min Yu, Zongheng Chen, Shengxiong Yang, Nan Wang, Longhai Zhu, Jiawang Chen, Mutai Bao, Haoshuai Li, Luonan Chen, Weifeng Wu, Haiyue Ma, David J. Burdige

OES Faculty Publications

Methane released from the subseafloor is significantly attenuated during upward migration, yet the preservation of methane-derived organic carbon (OC) in global deep-sea sediments remains poorly understood. Here, we measured carbon isotopes coupled with temperature-ramped analyses on various methane seepage sediments. Our results reveal a correlation between the radiocarbon (¹⁴)C) content in deep-sea surface sediments and sulfate-methane transition depth. Notably, our findings suggest that a substantial amount of (¹⁴)C-depleted OC may originate from deep-seated methane and is efficiently preserved in surface seepage sediments. We propose that the efficient OC preservation is related to microbial-mediated aggregate formation at the seawater-sediment interface, where …

Safeguarding Public Pensioner Standing After Thole, Evelyn L. Stein

Vanderbilt Law Review

Today, public American pension funds hold over $6 trillion dedicated to rewarding the labor and stabilizing the retirements of millions of employees. These funds are facing increased scrutiny as activists draw more awareness to controversial investment strategies, resulting in litigation by plaintiffs arguing funds inappropriately prioritize goals other than financial returns. Structurally, many public funds operate with a defined benefit (DB) model, meaning fund beneficiaries are guaranteed specific payouts based on factors such as years of service and age at retirement. Because of this DB model, such litigation has been stymied by the U.S. Supreme Court's decision in Thole v. …

Justifying The Fourth Amendment, Daniel Epps

Vanderbilt Law Review

Why does the Fourth Amendment belong in the Constitution? This question is not whether society should impose some legal restraints on government searches and seizures. Rather, why should such protections reside in our national charter, superior to other forms of law and insulated from change via ordinary majoritarian political processes? Despite major disputes about the Fourth Amendment's content, Fourth Amendment theorists rarely ask this question. Almost all agree that the Fourth Amendment's constitutional protections are critically important-even if no one can agree exactly what those protections are.
This Article seeks a justification for the Fourth Amendment-the reason why search-and-seizure protections …

Reader-Character Identity Interdependence: An Empirical Investigation Of Congruence In Identity And Reading, Millicent Weber, Rachel Noorda

English Faculty Publications and Presentations

This article examines the mutually constitutive relationship between identity, social participation, and reading, through a survey of 3089 readers in the United States, United Kingdom and Australia conducted in 2022. This is driven by an intersectional call to take seriously individualised experiences of identity including diverse and overlapping identities, consider multiple marginalisations, and interrogate normative modes of thinking. This connects to a commitment shared with other scholars of reading practice to undertake research that is simultaneously descriptive and critical. This forms the basis for our survey design, comprehending substantial engagement with readers’ reporting of their own reading practices. We work …

“Spinning Wheel Got To Go Round”: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Tom Kierner, Stephen T. Middlebrook

Articles by Maurer Faculty

The past year reminds us of the rock lyrics from “Spinning Wheel” on Blood, Sweat & Tears’s 1968 self-titled record—“What goes up, must come down/Spinning Wheel got to go round”—because there have been many changes in strategy and reversal of policy since President Trump’s inauguration in January 2025. Our Survey documents these changes and reversals as they affect electronic payments and financial services. This year’s Survey also reports on warnings from state and federal regulators aimed at bank and non-bank providers of consumer financial services. Part II examines an FTC enforcement action related to the unfair and deceptive marketing of …