Digital Commons Network^™

Centennial Talk: From Morality To #Metoo: Constructions Of Unlawful Sex In America, Aya Gruber

University of the Pacific Law Review

No abstract provided.

Introduction: Forever Criminalized?: How Collateral Consequences Advance Disparities In Criminal Justice, Jenny Roberts

Hofstra Law Review

No abstract provided.

A Tale Of Two Cities: Collateral Consequences Of Misdemeanor Non-Convictions, Elizabeth Nevins-Saunders

Hofstra Law Review

No abstract provided.

Putting A Band-Aid On A Bullet Hole: The Deaf Individual's Subdued Constitutional Right Against Self-Incrimination, Alexandra Kotowski

Hofstra Law Review

No abstract provided.

Table Of Contents

Washington Law Review

No abstract provided.

A Right To Repress: Ipec V Inslee And The Parental Right To Determine The Gender Of A Child, August Brown

Washington Law Review

Do parents have a constitutional right to determine their child’s gender? No court has held that they do, but that assumption was the basis of a challenge brought in August 2023 to Senate Bill 5599 (ESSB 5599)—an amendment to the Washington State Family Reconciliation Act, which protects runaway youth seeking gender-affirming treatment and reproductive health care services from immediate parental notification. Plaintiffs International Partners for Ethical Care (IPEC) and others challenged the bill before the U.S. District Court for the Western District of Washington. Their claims turn on parental rights, as well as several associated federal and state constitutional claims. …

Unlocking Platform Data For Research, Niva Elkin-Koren, Maayan Perel, Ohad Somech

Indiana Law Journal

Digital platforms, which control unique access points to the rich data stored on their servers, have become a “living lab” of real-time information. Scientists and researchers increasingly use platform data for various purposes, such as training machine learning (ML) systems and Natural Language Processing (NLP) models, and for studying diverse fields such as medicine, humanities, and social sciences, including the influence of digital platforms on society. However, researchers increasingly encounter significant barriers when attempting to access platform data. Although platforms typically lack proprietary rights over the data itself, they exert strong control over its use by imposing digital locks and …

Moving Slow And Fixing Things, Scott Shackelford, Janine Hiller, Christos Makridis, Iain Nash, Kathryn Kisska-Schulze, Hannibal Travis

Indiana Law Journal

Silicon Valley, and the U.S. tech sector more broadly, have changed the world in part by embracing a “move fast and break things” mentality popularized by Mark Zuckerberg. While it is true that the tech sector has attempted to break with such a reactive and flippant response to security concerns, including at Microsoft itself through its Security Development Lifecycle, cyberattacks continue at an alarming rate. As a result, there are growing calls from regulators around the world to change the risk equation. An example is the 2023 U.S. National Cybersecurity Strategy, which argues that “[w]e must hold the stewards of …

Dark Patterns As Disloyal Design, Johanna Gunawan, Woodrow Hartzog, Neil Richards, David Choffnes, Christo Wilson

Indiana Law Journal

Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them.

In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack …

Design Patent Law's Three Little Words, Mark D. Janis

Indiana Law Journal

U.S. design patent law protects the visual characteristics of articles of manufacture. For many years, major manufacturers of athletic footwear have protected their visually iconic designs with design patents, fueling a global market valued at nearly $100 billion. Today, however, shoe design has arrived in the digital universe. Digital sneakers such as Gucci’s Virtual 25 and Nike’s “Our Force Ones” can be “worn” only in virtual worlds but have substantial real world economic value. Yet U.S. design patent law makes it difficult—some would say impossible—to protect those designs, on the ground that they do not satisfy the statutory requirement for …

Can Ai, As Such, Invade Your Privacy? An Experimental Study Of The Social Element Of Surveillance, Aileen Nielsen

Indiana Law Journal

The increasing use of AI rather than human surveillance puts pressure on two long-used cultural and (sometimes) legal distinctions: as between human and machine observers and as between content and metadata. Machines do more and more watching through advancing technology, rendering AI a plausible replacement for humans in surveillance tasks. Further, machines can commit to surveil only certain forms of information in a way that humans cannot, rendering the distinction between content and metadata increasingly relevant too for crafting privacy law and policy. Yet despite the increasing importance of these distinctions, their legal importance remains in four key domains of …

Ninth Amendment Neurorights, Joseph A. Tomain

Indiana Law Journal

Neurotechnology developments threaten two fundamental human rights: freedom of thought and mental privacy. For example, neuroscientists use brain scans to decode unspoken thoughts and to predict political ideology and sexual orientation. Additionally, they have successfully implanted false memories in the minds of mice. There are undoubtedly beneficial uses of this dual-use technology, such as identifying and treating a variety of medical conditions. But left unchecked, neurotechnology will be exploited by public and private actors alike. There is a growing and contested literature about how the law should respond to the increasing risks of neurotechnology. This Essay contributes to that literature …

People Power And Police Policy: How Denying Intervenors In Pattern-Or-Practice Police Litigation Undermines Police Accountability, Alexander Lindenfelser

Minnesota Journal of Law & Inequality

No abstract provided.

Keynote Address: Envisioning Wage Justice, Ruben J. Garcia

Minnesota Journal of Law & Inequality

No abstract provided.

Roll For Lawsuit: Are Actual-Play Series Copyright Ingringers?, Mark Mehochko J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Dungeons and Dragons is a highly popular Tabletop Role-Playing Game designed by Gary Gygax and Dave Arneson in 1973. The game’s emphasis on narrative storytelling makes it an interesting subject for copyright analysis. When a group plays Dungeons and Dragons (D&D) for an audience, using copyrighted materials from Dungeons and Dragons’s publisher, Wizards of the Coast, there is an open question about whether the players infringe on Wizards of the Coast’s exclusive rights under § 106 of the Copyright Act of 1976. This issue is further complicated by Wizards of the Coast’s unique approach to licensing.

This Note examines how …

The Mirage Of Artificial Intelligence Terms Of Use Restrictions, Peter Henderson, Mark A. Lemley

Indiana Law Journal

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. The California AI Transparency Act even codifies this approach, mandating certain responsible use terms to accompany models.

But are these terms truly meaningful, or merely a mirage? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions …

Unwarranted Warrants?: An Empirical Analysis Of Judicial Review In Search And Seizure, Brett James Hashimoto, Miguel F.P. De Figueiredo, Dane Thorley

Faculty Publications

Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.

In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind. We analyze over 33,000 warrant applications filed through Utah’s “e-Warrants” system over …

The Right To Exit Religion, Zalman Rothschild

Articles

This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the Supreme Court recognized what might be called a right to exit religion. In this decision, the Court expressed appreciation for preserving insular religious communities, while simultaneously articulating the principle that accommodations for such communities must not unduly restrict community members’ ability to exit should they wish to do so. Yet courts and scholars have largely overlooked Yoder’s recognition of a right to exit religion. To make this “right” more concrete, the Article examines impediments to it through a case study of one large insular religious community—the …

Our Relentless Objectification Of Native Americans: As Exemplified By Louise Erdrich And Cherie Dimaline, Lena Kozubek

The Kennesaw Journal of Undergraduate Research

Indigenous communities relentlessly challenge the normalized commodification of their culture and beliefs. One way they actively address these oppressions is through storytelling. Their accounts educate readers and encourage them to re-frame modern perspectives and how stereotypes affect Native communities. Their stories are not a simple myth; instead, they serve as an active participant to combat actions that treat Indigenous people as an anomaly. We should treat Native Americans as human beings who invariably struggle with present-day degradations, commodification, and continual displacement. Indigenous authors reclaim their narrative by using their historical context and storytelling skills to dissect the parallels between fact …

The Income Tax As A Market Correction, Rebecca N. Morrow

UC Law Journal

I confess. As a tax professor, it has long hurt my feelings that economists label tax as a market distortion. My field is summed up as an impurity on the otherwise pristine complexion of the economist’s pure market. I like to think that tax scholars are not so disparaging of economics. We do not view economically motivated action as a distortion to our tax system, but as a component of it. It is tax planning. This Article proposes that tax should be viewed as a component of a market system. Just as tax scholarship acknowledges that an imagined world in …

Legal Personhood For Artwork, Sergio Alberto Gramitto Ricci

UC Law Journal

Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The ramifications of unduly altering the signified of a work of art are consequential for both living and future generations. While the law provides protection to artists and art owners, it fails to grant rights to works of art themselves. The current legal paradigm, designed around the interest of owners and artists, also falls short of protecting Indigenous art aimed at conserving traditions and cultural …

Legitimacy Throughlines In The Structural Design Of International & "Internationalized" Criminal Tribunals, Michael J. Kelly

Notre Dame Journal of International & Comparative Law

Today, the rather surprising and sudden surfeit of prosecutions for international crimes by states utilizing universal jurisdiction as we open the second decade of the 21^st Century may represent a preference for domestic over international criminal prosecution altogether. Yet, the legitimacy quotient remains a key part of the discussion. For example, as discussed in section V below, with respect to the crime of Russian aggression against Ukraine, opinion is divided as to whether prosecution for this crime should proceed from a newly created international tribunal or from an “internationalized” court within the Ukrainian judicial system.[1] Ukraine backs the …

Key Determinants In Electric Vehicle Charging Station Locations, Sania Pirouzi

Theses (2016-Present)

The growing adoption of electric vehicles (EVs) requires metropolitan areas to strategically plan the placement of charging infrastructure to support accessibility, efficiency, and sustainability. This study investigates key determinants for the optimal siting of EV charging stations, using Houston, Texas, as a case study. Through a comprehensive literature review and expert consultation, eight critical criteria were identified: land use type, population density, median income level of residents in the area, vehicle ownership rate in the area, young and middle-aged residents share in the area, flood risk, traffic density and proximity to major roads, and educational attainment of the residents in …

Navigating Con Ganas: How Latina Leaders Transform Leadership Through Values Within The California Community College System, Vianey Topete

Social Justice in Educational Leadership EdD Dissertations

Despite Latine students comprising 48% of California Community College (CCC) enrollment, only 20% of CCC senior leadership is Latine, with the specific percentage of Latinas remaining unknown (Community College League of California, 2024; EdSource, 2024; Gonzalez, 2023). This disparity reflects broader patterns, as Latinas nationwide hold less than 1% of senior administrative roles in higher education institutions (Eiden-Dillow & Best, 2022), underscoring the importance of examining this underrepresented group. This qualitative study examined how Latina leaders navigate and transform leadership spaces within the CCC system through their decision-making processes. Using testimonio methodology grounded in Critical Consciousness, Chicana Feminist Epistemology, and …

Bogging Down Investors: An Unintended Consequence Of Litigation Risk, Siwen Fu, Ke Wang, Liandong Zhang, Liu Zheng

Research Collection School Of Accountancy

Securities litigation risk is a well-recognized yet underexplored source of financial reporting complexity or unreadability. This study examines the effect of litigation risk on the readability of corporate financial reports. The 1999 Silicon Graphics Inc. (SGI) court ruling unexpectedly reduced litigation risk for firms within the Ninth Circuit Court's jurisdiction. Using a difference-in-differences design centered on the SGI court ruling, we find that, while the readability of financial reports generally declines over the sample period, treated firms in the Ninth Circuit experience a comparatively smaller decline in readability than control firms in other states after the ruling. Put differently, treated …

Admiralty, John P. Kavanagh Jr.

Mercer Law Review

The cases discussed herein represent decisions from the United States Court of Appeals for the Eleventh Circuit, as well as district courts within the Circuit, issued in 2024. While not an all-inclusive list of maritime decisions during that timeframe, the Author identified and provided summaries of key rulings of interest to the maritime practitioner

Bankruptcy Law, E. Tate Crymes, Siena Berrios Gaddy, Victoria Barbino Grantham

Mercer Law Review

This Article focuses on bankruptcy opinions issued by the Supreme Court of the United States and the United States Court of Appeals for the Eleventh Circuit. Topics addressed include: (1) whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” under 11 U.S.C. § 1109; (2) appropriate remedies for a constitutional violation described in Siegel v. Fitzgerald; (3) whether the bankruptcy code authorizes a court to extinguish claims and potential claims without the consent of those affected or without martialing total assets for creditors; (4) finality of a contempt order; (5) revival under Rule 69(a) …

Labor And Employment, W. Jonathan Martin Ii

Mercer Law Review

This Article focuses on recent cases concerning federal labor and employment laws. Those opinions address the Federal Arbitration Act; Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act; and The Fair Labor Standards Act.

You Are Your Child’S Keeper: People V. Crumbley Opens The Door To Parental Criminal Liability, Abigail C. Letts

Mercer Law Review

In the spring of 2024, James and Jennifer Crumbley, parents to Michigan school shooter Ethan Crumbley, were convicted of involuntary manslaughter after their son shot and killed four Oxford High School classmates. This decision marks the first time in the history of the United States that the parents of a school shooter have been charged criminally for contributing to the death of the shooting victims, and comes in the midst of an era where our nation is wracked by gun violence.

In the quarter century since the 1999 Columbine High School shooting, a generation of children have lived under the …

Introduction: International Environmental Law And Sustainability, Timothy E. Lynch, Irma S. Russell

UMKC Law Review

Introduction to the symposium issue, International Environmental Law and Sustainability