Digital Commons Network^™

Police Officer Use Of Force And Officer-Created Jeopardy After Barnes V. Felix: The Supreme Court’S Important (Albeit Incomplete) Step In The Right Direction, Cynthia Lee

GW Law Faculty Publications & Other Works

On May 15, 2025, the Supreme Court issued a unanimous decision in Barnes v. Felix, rejecting the Fifth Circuit’s “moment of threat” doctrine, which limited courts assessing the reasonableness of a law enforcement officer’s use of force to considering only those facts and circumstances known to the officer at the moment of the threat. Under the Fifth Circuit’s narrow time-framing approach, any pre-seizure conduct of the officer, i.e., acts occurring before the officer seized the individual, that may have contributed to the dangerous situation could not be considered as part of the reasonableness inquiry.

Pre-seizure officer conduct that contributes to …

The Supply Chain Is A Circle: Ai, Privacy, And People, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Artificial Intelligence (AI) governance underscores the AI “supply chain” and the “many hands” involved in the creation of AI systems. Although invaluable, this production-centered approach risks overlooking what happens when people use AI tools. That’s a mistake, because user interactions determine the real-world impact of AI.

This Essay contends that regulating AI and holding the appropriate actors responsible requires far more attention to what happens after deployment of an AI system. The supply chain is an invaluable start, but it’s not a linear chain. Rather, it is a circle that must incorporate users’ engagement with AI tools as part of …

Policy Brief: The Federal Banking Agencies Should Withdraw Their Deeply Misguided Proposal To Weaken Leverage Capital Requirements For The Largest U.S. Banks, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

On July 10, 2025, federal banking agencies issued a proposed regulation that would dangerously weaken capital requirements for the largest U.S. banking organizations. The proposed rule would significantly reduce the enhanced supplementary leverage ratio (eSLR) requirements for U.S. global systemically important banking organizations (G-SIBs). If adopted, the proposed rule would allow U.S. G-SIBs to become woefully undercapitalized, as their predecessors were at the outbreak of the global financial crisis of 2007-09. The proposed rule would make U.S. G-SIBs highly likely to fail during future systemic financial crises, with catastrophic consequences for our financial system, economy, and society.

As explained in …

Mahmoud V. Taylor: Cause Or Effect Of Disruptions In The Public Schools?, Richard Katskee, Ira C. Lupu

GW Law Faculty Publications & Other Works

Mahmoud v. Taylor represents an extraordinary departure from long-standing constitutional norms about the rights of parents of children in public schools. In Mahmoud, the Supreme Court upheld a Free Exercise Clause claim by parents in Montgomery County, Maryland, who sought to have their children (grades K–5) excused from readings that contain LGBTQ characters and themes. The majority opinion by Justice Alito rests on a highly controversial reading of Wisconsin v. Yoder.

Part I of the paper provides the doctrinal and historical backdrop to Mahmoud, which reflects the acute tension between a once-narrow understanding of Yoder and the post-Obergefell backlash against …

The Re-Examination Clause Of The Seventh Amendment, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This essay discusses the origins, history, and current interpretation of the Re-examination Clause of the Seventh Amendment to the U.S. Constitution. As Justice Joseph Story declared, the Re-examination Clause is separate from the right to civil jury trial in the Amendment’s Preservation Clause. The Re-examination Clause states that no fact tried by a jury shall be “re-examined” in federal court except by the rules of “the common law.” This provision had no counterpart in the state constitutions. The essay explains the methods of review of jury verdicts in English common-law courts in the late eighteenth century, focusing on the remedy …

Compensation Under The Microscope: A Tale Of Three States: The New Wrongful Conviction Compensation Statutes In Arizona, Delaware And Georgia, Jeffrey Gutman

GW Law Faculty Publications & Other Works

In 2025, three states passed new wrongful conviction compensation statutes: Arizona, Delaware, and Georgia. They are a diverse group. These states lie in the West, East and South. Delaware is led by a Democratic governor and legislature, while Georgia’s are Republican. Arizona has a Democratic governor, but both houses of the state legislature have Republican majorities. Delaware has just four exonerees listed in the National Registry of Exonerations. Arizona has 25 and Georgia 52. Before passing its statute, Georgia had the second most exonerees (behind Pennsylvania) in a state without a statute.

Given these varying backgrounds, one might expect substantial …

When The Math Matters: Finding The “Glue” In Class Action Commonality Determinations, Robin L. Juni

GW Law Faculty Publications & Other Works

This Article is another offering in the “When the Math Matters” series, seeking to help readers understand use of mathematical and scientific concepts in legal contexts and unpack how to do things better. This Article focuses on the seminal case of Wal- Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), describing how the analytical approach to identify whether a class could be certified for purposes of that litigation continues to resonate through recent cases in the federal courts. The Article explains the statistical analysis that lawyers must present to unpack a correlative analysis in similar cases, focusing on adverse …

Combating The Colorblind Courtroom: Using Race-Switching To Make Racial Bias Salient, Cynthia Lee

GW Law Faculty Publications & Other Works

In criminal courtrooms across the country, well-meaning judges insist on running colorblind courtrooms — courtrooms in which the attorneys are not allowed to call attention to race. Many judges, including many U.S. Supreme Court justices, believe it is best to ignore racial difference and that noticing race will encourage racial discrimination. The problem is that colorblind courtrooms are likely to exacerbate, not ameliorate, implicit racial bias. Decades of social science research have demonstrated that making race salient helps decision makers treat similarly situated individuals of different races the same and that not calling attention to race results in decisionmakers treating …

Prohibiting Threats Of Aggression, Edward T. Swaine

GW Law Faculty Publications & Other Works

Recent events, particularly Russia’s invasion of Ukraine, have revived worries about the international regime regulating the use of force. Vastly less attention has been paid to what often precedes such attacks—threats to use force—and the prohibition on them. While the UN Charter and other legal instruments integrate the threats regime with the regime on actual uses of force, the two regimes are increasingly decoupled, in part because only one considers gradations: the use-of-force regime now identifies more serious variants like aggression and crimes of aggression; threats rules, by contrast, do not. This decoupling reflects real differences in the underlying wrongs, …

The Survival Of The Jury, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

This Foreword overviews the rich fund of ideas for reform of the jury that were discussed at The George Washington Law Review’s fall 2024 Symposium. The Symposium was inspired by my book The Jury: A Very Short Introduction (Oxford University Press 2023). In many countries, rates of jury trial have been declining. The decline is steepest in the United States, which ironically has one of the most robust formal rights to jury trial in the world. This Symposium brought together distinguished judges, lawyers, and academics and exposed audience members and panelists alike to new ideas and methods of reform concerning …

Whose Burden Is It Anyway? A Comprehensive Proposal To Reshape Food Safety Review By Treating Food As Medicine, Katya S. Cronin

GW Law Faculty Publications & Other Works

With more than sixty percent of U.S. adults struggling with at least one diet-related health condition, the relationship between nutrition and public health has never been clearer. Indeed, for the first time in over a century, food has a prominent place on the national political stage and is one of the exceedingly few issues that has garnered bipartisan support. The recent rise in popularity of "Food Is Medicine" initiatives, which seek to provide medically tailored or healthy meals to vulnerable populations, underscores the critical importance of food to public health. Yet, while "Food Is Medicine" is shifting the insurance, business, …

Precedential Trauma: Integrating Trauma-Informed Judging In Federal Courts Of Appeals Through Opinion Writing, Alison Brochu

Roger Williams University Law Review

No abstract provided.

State V. Garcia, 316 A.3d 1223 (R.I. 2024), Isabelle Ryan

Roger Williams University Law Review

No abstract provided.

Judge William E. Smith: Portrait Of A Jurist And Leader, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Reading The Tea Leaves: Unrealized Income, Separation Of Powers, And An Examination Of Whether There Is More To The Moore Case Than The Mandatory Repatriation Tax, Natasha Varyani

Roger Williams University Law Review

No abstract provided.

Neves V. State Of Rhode Island, 316 A.3d 1197 (R.I. 2024), Evan Degaitas

Roger Williams University Law Review

No abstract provided.

Tribal Recognition And Rhode Island: Towards A Recognition Process For The Ocean State, Declan Smith

Roger Williams University Law Review

No abstract provided.

Last Resort: Advocating For Rhode Island To Adopt A More Comprehensive Homeless Bill Of Rights In The Wake Of Grants Pass V. Johnson, Casey Rivera

Roger Williams University Law Review

No abstract provided.

Changemakers: Steven Colantuono: Juris Doctorate: Embracing The Road To Success, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Quantum-Resilient Architectures For Enterprise And Cloud Information Systems, Implications Of Quantum Computing For Enterprise Cybersecurity And Data Integrity, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

The emergence of quantum computing presents unprecedented challenges to contemporary enterprise cybersecurity frameworks. Current cryptographic systems that protect sensitive data and secure communications will become vulnerable to quantum attacks within the next decade. This research examines the implications of quantum computing advancement for enterprise and cloud information systems, proposing quantum-resilient architectural frameworks that can withstand both classical and quantum threats. We analyze the timeline of quantum computing development, assess vulnerabilities in existing enterprise security infrastructures, and evaluate post-quantum cryptographic approaches suitable for organizational implementation. Through comparative analysis of quantum-resistant algorithms and architectural patterns, this study demonstrates that enterprises must begin …

Blockchain-Enabled Trust Frameworks For Enterprise Information Systems, Establishing Verifiable Trust In Distributed Organizational Environments, Manikantha Varaprasad Inakollu

Computer Science and Engineering Faculty Publications

Enterprise information systems increasingly operate in distributed environments where traditional trust mechanisms based on centralized authority prove insufficient. This research develops a comprehensive blockchain-enabled trust framework that establishes verifiable, decentralized trust mechanisms for enterprise systems operating across organizational boundaries. The study addresses critical gaps in current enterprise architectures where trust depends on centralized intermediaries, creating single points of failure and limiting inter-organizational collaboration. Through examination of existing trust models and blockchain capabilities, we propose an integrated framework that combines cryptographic verification, distributed consensus, and smart contract automation to establish trust without centralized control. Our framework enables organizations to verify data …

Personal Finance – Emerging Issues And Trends. Opening Remarks, Katarzyna Kochaniak, Witold Gradoń

Journal of Banking and Financial Economics

Personal Finance – Emerging Issues and Trends. Opening Remarks

Generational Perspective Of Financial Literacy And Consumer Over-Indebtedness. Survey Evidence From Poland, Beata Świecka

Journal of Banking and Financial Economics

Background and purpose of the article: The main aim of the article is to present financial literacy (FL) and consumer over-indebtedness (OI) according to the primary survey in Poland. The auxiliary aim is to analyse the importance of financial literacy in reducing consumer over-indebtedness from a generational perspective. Over-indebtedness is a significant problem in personal finance because it leads to a situation in which household members cannot settle their financial obligations on time, negatively affecting their economic stability and prospects for long-term financial security (D’Alessio, Iezzi, 2013). It is becoming increasingly common in the country and around the world. It …

Social And Commercial Crowdfunding Through The Lens Of The Theory Of Planned Behaviour And Financial Well-Being, Joanna Adamska, Urszula Mrzygłód

Journal of Banking and Financial Economics

A unique feature of crowdfunding is that it relies on numerous individuals contributing financially to the project, which sets it apart from traditional financing channels. Unlike banks, where funding decisions are subject to strict prudential criteria and the creditworthiness of the borrowing entity, crowdfunding projects appeal to various worldviews and values held by potential backers. Therefore, the financial decision to support the crowdfunding project becomes a unique problem in personal finance. This study aims to analyse the psychological and financial factors influencing crowdfunding participation, comparing social and commercial projects using the Theory of Planned Behaviour (hereinafter: TPB) and subjective financial …

The Right Of Big Tech Companies To Issue Money In The Opinion Of Consumers From France And Germany, Robert Huterski

Journal of Banking and Financial Economics

With a vast customer base and the acquisition of information about their customers and their preferences in connection with their services, Big Tech companies are also becoming essential players in the financial sphere. Payment solutions offered by Big Tech companies, such as Google Pay or Alipay, familiarise consumers with the presence of such companies in the monetary sphere. The issuance of private money has the most excellent chance in a form regulated by public authorities and with a value stabilized to the national currency, regardless of whether it would be similar to narrow banking, synthetic CBDC or another, related form. …

European Household Savings Dynamics: Under Inflation And Post-Pandemic Shocks, Mateusz Mierzejewski, Julia Szczurek

Journal of Banking and Financial Economics

The Covid-19 pandemic, which began in early 2020, triggered a global health and economic crisis, leading to unprecedented changes in consumer behaviour and the functioning of national economies. This article examines the impact of the pandemic and the subsequent inflationary crisis on household savings levels in selected European countries. The analysis includes an assessment of household responses to changing macroeconomic conditions, such as inflation, interest rates, and household incomes, as well as the effectiveness of implemented monetary and fiscal policies. The study employs a neural network model considering autoregressive relationships in a panel data approach. The research covers data from …

Personal Characteristics And Retirement Intentions (Empirical Evidence From Poland), Patrycja Kowalczyk-Rólczyńska, Madgalena Swacha-Lech, Łukasz Jurek

Journal of Banking and Financial Economics

Retirement intentions depend on a number of different factors. The aim of this paper is to assess the impact of personal characteristics on the willingness to retire as soon as possible among older workers in Poland. The data were collected through a CAWI survey conducted in 2021 among a representative sample of workers aged 50 and over. Statistical analysis was based on logit model. Identified predictors are: age, education, fear about the financial situation in retirement, the use of free time after retirement, and lack time to pursue passions due to work. Those results provide suggestions for strengthening active ageing …

Financial Vs Psychological Wellbeing Of Generations X, Y, And Z Consumers In Poland, Mirosława Kaczmarek

Journal of Banking and Financial Economics

Empirical research confirms that the financial behaviour of consumers differs from generation to generation – in terms of saving, spending money and also the use of credit. The main objective of this article is to determine the level of financial wellbeing and the relation between psychological wellbeing and financial wellbeing across three consumer age cohorts – generations X, Y and Z in Poland. To achieve this, a CAWI survey was conducted using the Consumer Financial Protection Bureau scale and the Ryff’s Psychological Wellbeing Scale. The results of the F-test show that although generational belonging does not statistically significantly differentiate financial …

Digital-Only Banks – Retail Banks For Retail Customers Only?, Katarzyna Schmidt-Jessa, Maciej Stradomski

Journal of Banking and Financial Economics

This paper explores how traditional banks perceive digital-only banks and the potential impact of digital-only banks on the retail segment of the banking sector. To obtain the main goal, we conducted in-depth semi-structured interviews with managers and directors representing different traditional banks with profound insight into the bank digitalisation process. The results indicate that, for traditional banks, the development of digital-only banks does not pose a threat or challenge that can significantly undermine their business. A high level of user experience, innovativeness, and lack of obsolete processes and technologies are the main advantages of digital-only banks that attract retail customers. …

Entire Volume Journal Of Banking And Financial Economics 2025, 2(24)

Journal of Banking and Financial Economics

Entire Volume Journal of Banking and Financial Economics 2025, 2(24)