Digital Commons Network^™

The Internet And The Lost Law Of Transit, Vivek Krishnamurthy

Publications

For centuries, the law of transit has specified when states must permit foreign persons and goods to traverse their territory on journeys beginning and ending beyond their borders. Transit is a right — not a privilege — that tempers territorial sovereignty. Though largely forgotten today, the right to transit springs from states’ responsibilities to the international community when their territory hosts infrastructure of global utility.

Yet the internet stands as a striking exception to this tradition. Despite its importance, no doctrine of transit constrains states’ power to block or disrupt internet traffic that merely passes through their territory. This is …

The Borderline Constitution, Pratheepan Gulasekaram

Publications

This Feature identifies and theorizes a distinct constitutional regime that federal courts have constructed at, adjacent to, and because of the nation’s border. Drawing together strands of First, Fourth, Fifth, and Fourteenth Amendment law, along with habeas doctrine, constitutional torts, tribal sovereignty, and separation-of-powers concerns, this Feature demonstrates how constitutional guarantees systematically recede in the border’s shadow. These deviations from canonical and mainstream constitutional norms authorize intrusive state invasions of privacy and other fundamental rights, abdicate judicial oversight in favor of outsized executive discretion, and entrench racial and religious subordination.

The Feature further demonstrates that the effects of border exceptionalism …

The Spac Clock, Andrew A. Schwartz

Publications

Special purpose acquisition companies (SPACs) are public companies organized to die. Unlike ordinary corporations, which enjoy perpetual existence by default, SPACs are legally required to consummate a merger within a fixed period--usually two years, never more than three--or else liquidate and return investors' cash.

This Article takes that clock seriously and argues that limited life is foundational to the SPAC form: it disciplines sponsors by preventing indefinite warehousing of capital, reassures investors by guaranteeing liquidity, and makes the form marketable in the first place. A perpetual SPAC would be good for nobody.

At the same time, the SPAC clock distorts …

Adversarial Certification Of Evidentiary Software, Nicholas G. Vincent, Bryan H. Choi, Eli Siems, Clay Halbert, Katherine J. Strandburg

Publications

No abstract provided.

Brady's Shadow, Justin Murray

Publications

Scholars have spent sixty years documenting Brady v. Maryland’s failures—its materiality standard that licenses suppression of exculpatory evidence, its abandonment of defendants who plead guilty, its toothless enforcement. Yet these same critics celebrate Brady’s supposed grand promise, treating the decision’s incarnate presence as the betrayal of an ideal rather than recognizing the promise itself as a mirage. This Article contends that our profession’s faith in Brady—even faith expressed through demands for reform—perpetuates the very dysfunction it critiques. Brady operates not merely as failed doctrine but as a trap and a shadow: the trap springs when its mythology …

Staying True To Narrative Fidelity, Derek Kiernan-Johnson

Publications

No abstract provided.

A. Vs. I In Ai: Is There A Threshold To "Engineered" Intelligence?, Joshit Mohanty

Engineering Management & Systems Engineering Faculty Publications

Despite artificial intelligence reshaping the world, its development generates uncertainties regarding future capabilities. AI simultaneously exists as an artifact of engineering design and as autonomous intelligence, creating an observer-participant feedback loop. This paper proposes that embodied AI faces a bandwidth-limited intelligence threshold T_h that it arises from B = min(C_sens,C_Act). However, Shannon capacity measures bits while intelligence operates on concepts, necessitating a dual-channel model separating physical bandwidth B_io from representational capacity B_rep. Intelligence emerges as multi-dimensional rather than scalar, with components exhibiting different bandwidth dependencies. Surpassing T_h requires either new sensing methods expanding B, enhanced representational frameworks, or reconceptualization within …

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

Aggregation At The Bottom, Seema Tahir Saifee

University of Colorado Law Review

No abstract provided.

Clerk, Unprotected: The Gendered Pipeline To Supreme Court Clerkships, Julia Gessert

University of Colorado Law Review

No abstract provided.

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Foreword, Rhodes Evans

University of Colorado Law Review

No abstract provided.

Breakthrough Climate Constitutionalism?, Sam Bookman

University of Colorado Law Review

No abstract provided.

Renegotiating The Energy Transition, Hannah J. Wiseman, Jennifer Baka, Kaitlyn Spangler

University of Colorado Law Review

No abstract provided.

"The Reality Is, It All Came Back To Catch Us": Urban Population Increase And Water Conservation In The Arid West, Madison Dobson

University of Colorado Law Review

No abstract provided.

Infusing Authenticity Into A Service-Learning Program: Examining Long-Term Impacts On Professional Development, Mohan Yang, Jonathan Harbor, Belle Li, Jacqueline Nikiema

Educational Leadership & Workforce Development Faculty Publications

Purpose

The employability of postgraduate students remains a critical concern in higher education, as postgraduate programs, particularly at the doctoral level, traditionally focus on disciplinary and research competencies. This leads to a lack of adequate preparation for employment, especially for non-academic roles. This study examines the long-term impacts of an authentic service-learning program on trainees' professional lives, with a particular emphasis on academia. This addresses the need for insight into the long-term impacts of initiatives that enhance postgraduate programs with opportunities for students to acquire transferable competencies prior to entering employment.

Design/methodology/approach

We adopted a narrative inquiry approach to investigate …

Summoning Firms: Promoting Democratic Stability And Economic Prosperity In Times Of Constitutional Crisis, Jon D. Michaels

Emory Business Law Review

No abstract provided.

Illiberal Democracy, Merger Regulation, And Corporate Capture, Brian Jm Quinn

Emory Business Law Review

This Essay examines how the second Trump Administration has weaponized merger regulation and regulatory approval processes as tools of corporate capture in service of democratic backsliding toward an illiberal regime. Drawing on theoretical frameworks of competitive authoritarianism and illiberal democracy, this paper demonstrates how discretionary regulatory authority combined with weakened enforcement mechanisms creates opportunities for grand corruption that systematically undermines liberal democratic institutions.

This Essay accomplishes three primary objectives. First, it establishes the essential characteristics of illiberal regimes which maintain the facade of democratic institutions while systematically skewing the political playing field through selective enforcement and regulatory capture. Second, it …

Justice On Trial: Integrating Ethics In Law School Advocacy Courses, Veronica J. Finkelstein

Emory Business Law Review

The rule of law depends not only on legal doctrine and institutional design, but on the daily ethical choices of the lawyers who operate within the adversarial system. Trial lawyers, in particular, wield extraordinary power courtroom outcomes, yet law schools too often train future advocates to perform persuasive techniques without meaningful engagement with the ethical obligations that constrain those techniques and the lawyers who wield them. This article argues that the persistent separation between trial advocacy education and legal ethics instruction leaves law students ill-prepared for the moral complexities of litigation and threatens public confidence in the justice system.

Tracing …

Pharmaceutical-Telehealth Confederacies, Michelle Onder, Michael S. Sinha

Emory Business Law Review

Access to prescription pharmaceuticals has historically been controlled by a physician’s pen. As a result, pharmaceutical companies spend billions of dollars on advertising and promotion to mitigate this barrier: first and primarily, to physicians and other prescribers, and more recently, to the general public through direct-to-consumer advertising. The success of these promotional efforts can be seen in the greater prescribing of costly brand-name medicines, even in settings where lower-priced, comparably efficacious generic alternatives exist. Brand-name prescriptions now make up only 10% of all prescriptions written yet account for 88% of drug spending. Despite these substantial returns on investment, companies continue …

Reconciling Faith And Modernity: The Sociocultural Dynamics Of Jadidism As An Islamic Reformist Movement In The Russian Empire, Meltem Akıncı, Zhanerke Nyshanbay

Occasional Papers on Religion in Eastern Europe

This study examines the Jadidist movement as a fundamental sociocultural and religious- reformist phenomenon that redefined the intellectual, spiritual, and educational landscape of the Turkic-Muslim populations within the Russian Empire and Central Asia. Moving beyond traditional historical narratives, this article analyzes Jadidism through the lens of sociological theories of modernization, cultural identity, and transnational intellectual exchange, placing special emphasis on its Islamic reformist core. By integrating Western secular pedagogical models with indigenous Islamic renewal discourse, Jadidists attempted to navigate the delicate tension between religious tradition and modern demands. The research investigates the institutional development of "Usul-i Jadid" schools, the role …

Anti-Domestic Violence In China: Re-Accessing The Public Value Of Individual Experience, Xiaoran Tang

Dartmouth College Master’s Theses

In December 2019, Kim Lee, a symbolic figure in China’s anti-domestic violence (ADV) movement, publicly stated on the Chinese social media platform Weibo that she forgave her ex-husband Li Yang, sparking widespread controversy.

Drawing on Joan W. Scott’s method of examining experience, this study analyzes Kim’s case within the broader historical development of China’s ADV movement. It traces how Kim’s personal experiences and public images were continuously constructed, interpreted, and reshaped across different stages of the movement. This study finds that Kim’s experiences became public knowledge through the social, legal, and institutional processes that framed her as a domestic violence …

An Ethnographic Study Of First-Generation Alumni At Dartmouth College: Perspectives From Alumni, Faculty, Staff, And Administrators, Brittney A. Roden

Dartmouth College Master’s Theses

First- generation college students (FGCS) often face challenges adapting to the academic and social environments of elite institutions like Dartmouth College. Lacking familial experience in higher education, they must decode unspoken institutional norms, contributing to stress, social isolation, and barriers to accessing institutional support. This study examines how FGCS experience academic pressure, social belonging, and engagement with campus systems, and how these shape their personal and professional trajectories. Drawing on participant-generated audio diary journals with alumni, qualitative interviews with faculty and staff, and a review of existing literature, this research highlights the interplay of academic stress, coping strategies, cultural capital, …

Marshall Amplification V. Xingrunshangmao, Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.

White V. Paypal, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Amazon V. Perplexity, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Good Samaritan Medical Center V. Leapfrog Group, Southern District Of Florida

Historical and Topical Legal Documents

No abstract provided.

Gentry V. Thompson, E.D. La.

Historical and Topical Legal Documents

No abstract provided.

Judge V. Academia, Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Vedros V. The Sterling Group Of The Twin Tiers, Western District Of Pennsylvania

Historical and Topical Legal Documents

No abstract provided.