Digital Commons Network^™

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Faculty Scholarship

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

Beyond Issuers: The Future Of Private Securities Litigation, Joshua Mitts

Faculty Scholarship

Private securities litigation has traditionally been viewed as a subfield of corporate governance, reducing agency costs by disciplining wayward management. In this brief Symposium essay, I argue that the future of private securities litigation lies beyond issuers. I discuss how a fraud claim under Rule 10b-5 can be understood as a kind of economic tort, and set out, in broad strokes, an economic analysis of claims against non-issuer defendants. I then consider emerging trends in the case law against non-issuers in social media and market manipulation cases. I conclude by identifying some challenges and opportunities for securities litigation in a …

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Presidential Supremacy Over Administrative Agencies, Gary Gensler, Lev Menand

Faculty Scholarship

In the United States, the public has long benefited from the role played by administrative agencies with a degree of autonomy from the White House, each agency with distinct duties and authorities to implement the law as set out by Congress.

In its first hundred days, the second Trump administration has moved rapidly to centralise control over all administrative agencies, including so-called independent agencies, which have long operated at a greater remove from the White House than ‘executive’ agencies like the Department of State and the Department of Commerce. The administration is asserting an interpretation of the Constitution known as …

Rationale And Justification Of The Overarching Principles In The Governance Maturity Framework, Janna Wong, Eugene K. B. Tan, Steve Loh

Lien Centre for Social Innovation: Research

This research addresses the lack of a unified framework for measuring the governance maturity of impact organisations across countries with diverse legal landscapes and cultures, which complicates international assessment and collaboration. In response, we propose a governance framework tailored to the legal context of six countries: India, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. Our analysis identifies six overarching principles embedded in the non-profit laws of the six countries: (1) purpose and impact, (2) leadership, (3) integrity, (4) communication, (5) efficacy, and (6) financial transparency and accountability. These six overarching principles form the proposed framework, which was operationalised and further …

A Post-Dobbs World: More Than One Right To Privacy Under Attack, Sarah Jane Catarozoli

UC Law SF Journal on Gender and Justice

No abstract provided.

Dobbs, State Policies, And Minors’ Interests In An Open Future, Lois A. Weithorn

UC Law SF Journal on Gender and Justice

The United States Supreme Court discarded five decades of established federal constitutional doctrine with its decision in Dobbs v. Jackson Women’s Health Organization. Following Dobbs, legislators in some states rushed to restrict the decisions of pregnant persons. Litigation, executive actions, and voter initiatives, including attempts to amend state constitutions, quickly followed. At the time of this writing, access to abortion is severely restricted in large swaths of the country. Increasing numbers of pregnant persons have sought out-of-state services through telehealth or cross-border travel. Some states have created new forms of criminal or civil liability in an effort to prevent its …

Unarresting School Safety, Maryam Ahranjani

Nevada Law Journal

No abstract provided.

Capfish Project Report : Summer Academy For The Pacific Islands, Kathleen Auld, Francis Neat, Raphaël Baumler

Reports

The CAPFISH Project was created in response to an identified need for capacity-building to address illegal, unreported and unregulated (IUU) fishing and related matters - a complex problem affecting aquatic ecosystems, coastal communities, fishers and fish workers, and economic and national security. Over the last four years, the CAPFISH Project has provided training and educational materials on IUU fishing to developing country administrations around the world, most recently with a two-week regional Summer Academy for the Pacific Islands. This Academy ran for two weeks and included delegates from fisheries, labour, safety, maritime, foreign affairs, and enforcement administrations in the Pacific …

Biomolecular Condensates In Immune Cell Fate, Srikanth Kodali, Caroline M Sands, Lei Guo, Yun Huang, Bruno Di Stefano

Faculty, Staff and Students Publications

Fate decisions during immune cell development require temporally precise changes in gene expression. Evidence suggests that the dynamic modulation of these changes is associated with the formation of diverse, membrane-less nucleoprotein assemblies that are termed biomolecular condensates. These condensates are thought to orchestrate fate-determining transcriptional and post-transcriptional processes by locally and transiently concentrating DNA or RNA molecules alongside their regulatory proteins. Findings have established a link between condensate formation and the gene regulatory networks that ensure the proper development of immune cells. Conversely, condensate dysregulation has been linked to impaired immune cell fates, including ageing and malignant transformation. This Review …

Building The Australian Counselling Profession's Research Capacity For The Future: A Collaborative Strategic Approach, Nathan Beel, E. A. Cocodia, Katrina Andrews, Stephani Stephens, Sonam Pelden, Shannon Hodges

Research outputs 2022 to 2026

Background: This paper presents an analysis of the current research landscape within the Australian counselling profession, identifying key challenges and proposing a strategic approach to building research capacity. Problem Statement: Written by a taskforce of educational leaders, it reports their perceptions and experiences of the multifaceted challenges hindering research development. These challenges encompass the limited pipeline of future doctoral-trained counselling educators, the barriers to promotion opportunities for current counsellor educators, and the impact these deficits may have on the profession overall. Proposed Solutions: To address these challenges, the paper proposes a series of targeted strategies aimed at stakeholders across the …

“Everything Is A New Challenge For Each Of Us”: A Qualitative Exploration Of Elementary Newcomer Students’ And Families’ Lived Experiences Of Acclimating To U.S. Schooling, Maureen Margaret Medeiros

Social Justice in Educational Leadership EdD Dissertations

Newcomer students, defined as foreign-born children who have attended U.S. schools for less than three years, are entering U.S. schools in ever-increasing numbers. Schools are often the first institutions to welcome immigrants to local communities, and meeting the linguistic, socioemotional, and academic needs of newcomer students and their families is essential to their success. However, data on newcomers is not publicly accessible, which makes them not easily visible in the school system. Furthermore, newcomers may have socioemotional challenges due to their prior life experiences, the immigration process, and then the likely challenges of limited English fluency which can lead to …

Criminal Organizations And Nuclear Threats In Southeast Asia, Gary Ackerman, Thomas Guarrieri, Justin V. Hastings, Steven Hoodjer

International Journal of Nuclear Security

Increasing global interest in nuclear energy and peaceful uses of nuclear technology has led to facilities in emerging countries with nuclear materials and radioactive sources that could be stolen, sabotaged, or otherwise accessed by criminals. In this paper, we created a framework to assess the motivations and capabilities of criminal networks and measure the threats they may pose to different stages of the nuclear fuel cycle in emerging nuclear states. We applied the framework to a unique dataset, capturing characteristics of criminal organizations active in Southeast Asia, which allowed us to assess which criminal organizations are most likely to pose …

Are Markets Better Than Law In Achieving Sustainability And Water Security In The Face Of Climate Disruption?, Joseph W. Dellapenna

UMKC Law Review

No abstract provided.

Peeking Past The Corporate Veil: Privacy, Penalties And Constitutional Permissibility Of The Corporate Transparency Act And State Counterparts, Carson Fink

UMKC Law Review

No abstract provided.

(Law) School To Prison Pipeline, Cheyenne Petrich

Minnesota Journal of Law & Inequality

No abstract provided.

The New Abortion Borders For Immigrant Women, Valeria Gomez

Minnesota Journal of Law & Inequality

No abstract provided.

Thinking Beyond Confinement: The Suspension Of Minnesota’S 48-Hour Law And The False Choice Between Incarceration Or Institutionalization, Sophie Herrmann

Minnesota Journal of Law & Inequality

No abstract provided.

Underground Lrt Station, Revital Mesika

Fire Protection Engineering: Culminating Experience Project Reports

This report presents a comprehensive fire safety and evacuation systems analysis for the underground light rail terminal station project. The station features two main levels— concourse and platform—and is strategically located adjacent to a sports stadium.

Station Overview: The underground light rail terminal station is a two-level facility strategically positioned adjacent to a major sports stadium. The station operates as a critical transportation hub with distinct functional zones designed for efficient passenger flow and emergency evacuation:

Concourse Level (3.5 meters below ground): Functions as the primary passenger processing and circulation hub. This level serves as the main entry control point …

Smart Choices, Strong Voices: Empowering The Next Generation, Alexandra J. Bruce-Valverde

Graphic Communication

Smart Choices, Strong Voices (SCSV) is a financial and voter education pamphlet for students that is easy to understand and unbiased and helps to create a more financially and politically literate generation. The expectation for young adults in today's current world is for us to be able to make well-informed decisions about finances and politics. However, when we are constantly bombarded by misinformation and lack easy access to reliable, accessible education in these topics, these expectations become unreasonable. Exposure to this misinformation affects how we show up for ourselves and our democracy. As our world becomes more and more politically …

The Continuing Unevolving Model Of Decency, Kennedy V. Louisiana In Peril, Patrick S. Metze

Criminal Law Practitioner

Professor Metze reflects on Kennedy v. Louisiana in its part in the development of Eighth Amendment jurisprudence and how the Supreme Court initially used Kennedy to further our understanding of the limits of the Eighth Amendment. The Court recently avoided a meaningful discussion of how our society is maturing and evolving by acknowledging a purposeful effort of some to reflect modern beliefs in opposition to those who would interpret everything through an 18th-century prism. After a case-by-case analysis of how the Court has used Kennedy, it is apparent the conservative majority now on the Court has decided there is no …

The Growing Of Freedom, And The Participatory Methodology Of Gardening: An Account Of John Dewey’S Conception Of “Freedom”, Jessica Clare Soester

Center for Dewey Studies Essay Award

In this paper I argue that for American Pragmatist John Dewey, freedom is better understood as a verb or gerund— "freedom-ing." A distinctive dimension of Dewey’s conception of “freedom” is that part of having freedom is the participation in the achieving of it, a continual process—in Dewey’s account, freedom is never won for good but must be constantly re-won. Persons must have the opportunity of being a part of their creative activity—directing and understanding their activity. Without freedom we stagnate, we are left with empty dictates; we do not inquire, new paths are not disclosed, we don't generate new structures …

Foreword, Mark D. Janis, Jennifer D. Oliva, Alivia D. Benedict

Indiana Law Journal

In this issue we are delighted to present papers from the symposium “Law and Technology at the Crossroads: A Centennial Summit,” held in Bloomington in November 2024. The symposium originated from the collaborative efforts of the Indiana University Maurer School of Law’s law and technology faculty and the Indiana Law Journal’s editorial board, notably 2023–2024 Editor-in-Chief John Vastag and 2024–2025 Executive Articles & Symposium Editor Paige Wynkoop. The Maurer School of Law’s Center for Intellectual Property Research provided funding, as did Indiana University through its Research Conference Grant Program. Indiana University’s Ostrom Workshop and the Luddy School of Informatics, Computing, …

Multiplicity As An Ai Governance Principle, Michal Shur-Ofry

Indiana Law Journal

As AI becomes increasingly embedded in our daily lives, this Article explores one of its critical, yet overlooked, societal implications: the propensity of large language models (LLMs) to generate mainstream, standardized content, potentially narrowing their users’ worldviews.

Taking a close look at the technological underpinnings of LLMs, the analysis suggests that—due to the combination of human judgments, training datasets, and inherent features of the underlying technological paradigm—LLMs’ outputs are likely to be geared toward the popular and to project to their users concentrated, mainstream worldviews, sidelining a broader spectrum of perspectives. This Article explores the asymmetrical power relations between LLMs …

Unpacking Open Source Bio, Jorge L. Contreras

Indiana Law Journal

For at least a quarter of a century, life science researchers around the world have undertaken initiatives loosely based on principles, goals, and institutional structures derived from the open source software (OSS) movement—approaches that I term “open source bio.” Yet open source bio lacks a clear definition and set of guiding principles. Given public calls for greater openness in life science research, it is useful to understand how open source bio projects have fared over the past quarter century: how they were structured, what they hoped to achieve, and, as social and policy experiments, whether or not they were successful. …

Discord And The Pentagon's Watchdog: Countering Extremism In The U.S. Military, Amy Gaudion

Indiana Law Journal

In his 2022 book, Ward Farnsworth crafts a metaphor from the lead-pipe theory for the fall of Rome to consider how rage and misinformation traveling through today’s technology-enabled pipes are poisoning our civic engagement and threatening our governmental structures: “We have built networks for the delivery of information––the internet, and especially social media. These networks too, are a marvel. But they also carry a kind of poison with them. The mind fed from those sources learns to subsist happily on quick reactions, easy certainties, one-liners, and rage.”1 This Article carries the metaphor into a new context and considers what should …

On Software Bugs And Legal Bugs: Product Liability In The Age Of Code, Asaf Lubin

Indiana Law Journal

Despite software’s ubiquity in modern life, its classification within product liability law remains unsettled. Is software a product, a service, a good, a component, a medium, a force, or something else altogether? Under the Restatement (Third) of Torts, a product is defined as a “tangible personal property distributed commercially for use or consumption.” But has this definition been embraced by states? And how has it been applied in the courts, since its adoption some twenty-six years ago?

Through a fifty-state survey and the canvassing of all relevant case law, this Essay reveals widespread doctrinal inconsistencies within the common law. Some …

Birthright Citizenship: Its History And Continued Relevance In Modern America, Shahin Mirzaei

Immigration Law Blog

In light of recent efforts by the Trump administration to challenge birthright citizenship, this article addresses the history of the principle of jus soli in the United States and the reasoning behind its incorporation in the U.S. Constitution. The article also explores existing debates surrounding this principle, including those stemming from historical distortions and misconceptions about U.S.-born children of noncitizen parents, and ultimately highlights the importance of its preservation.

2024 – 2025 Cal Poly Wind Power Ac-Dc Rectification Subsystem For Collegiate Wind Competition 2025, Ryan Rayos, Annabella Piercey, Alex Liu

Electrical Engineering

This project focuses on the design and development of a bidirectional AC-DC rectification subsystem for a wind energy conversion system (WECS), tailored for the 2025 Collegiate Wind Competition. The subsystem is defined by its core inputs and outputs where it receives AC power from the wind turbine generator and delivers stable DC power to auxiliary electronics and variable loads. Conversely, the system can also accept DC power, such as from wall power, and output AC power to drive the permanent magnet synchronous machine (PMSM) as a motor, overcoming cogging torque and initiating turbine blade rotation. This bidirectional functionality is enabled …