Law Commons^™

Thompson’S Rifle Battalion: The Original Unit Of The Army Of The United Colonies (Now The United States Regular Army), John A. Bonin

Books, Monographs & Collaborative Studies

©2025 John A. Bonin

Although 1775 is indisputably the birth year of the US Army, two events occurred on June 14 of that year to which the Army can credit its birthday. One is the adoption by the Continental Congress of the collective militia forces from several colonies outside Boston to form a Continental Army, of which Congress appointed George Washington the commander in chief on June 15, 1775. In addition, the US Regular Army officially dates its beginning to June 14, 1775, when the Second Continental Congress directed 10 companies of expert riflemen to be raised immediately in Pennsylvania, …

Human Dignity And Prostitution, Clara Kernodle

Harding Undergraduate Research Conference

In the twenty-first century, it is common to see feminists and pro-sex work voices lauding prostitution and other forms of the sex industry as viable expressions of women’s sexual and financial agency. As long as every participating party consents, they argue, sex work is not only tolerable, but admirable and positive – a form of transaction or service deserving license, protection, and respect in the name of individual freedom and female agency. Such voices argue that prostitution can even be dignified, as the sex industry supposedly allows participants full freedom to express their sexuality. In this paper, I offer an …

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

The Mediation Dance Of Choreography Copyright, Kassandra Sopko

Pepperdine Dispute Resolution Law Journal

Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …

Why Liberal Feminist Law Fail Women Volunteers In India And The United States: Between Activism And Complicity, Amanda L. Stephens

Presentations - 2025

In this section from my book, Women Volunteers in India and the United States: Between Activism and Complicity, I examine the potential and limitations of liberal-feminist laws in India and the United States to achieve gender equality. Liberal feminism, a strand of feminist thought, argues that gender equality can be achieved by reforming existing legal and political systems. For instance, a liberal-feminist approach to eradicating workplace sexual harassment might involve passing laws like Title VII of the Civil Rights Act of 1964, which allows employees to seek redress for harms caused by such practices.

Drawing on data from legal texts, …

New Zealand Security Agencies’ Secrecy, Accountability, And Transparency In The Modern Era, Ben Amata

Secrecy and Society

New Zealand’s security agencies need to balance conflicting missions of secrecy, accountability, and transparency in conducting national security government operations. Citizens expect protection without violating their liberties and for security agencies to act effectively and legally. From public revelations about the agencies and government reform efforts, the agencies evolved from almost total secrecy to greater accountability and transparency since World War II. This study employs a historical methodology, which examines primary source documents to reveal the history of secret behavior and to reform the New Zealand Security Intelligence Service and the Government Communications Security Bureau.

04.07.2025 Ored Connect, Liz Williamson

ORED Newsletter

New ORED Website Goes Live

Oxford Pitch Competition

Hughes Miller, Strategic Partnerships

The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton

Journal of Intellectual Property Law

The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be …

Bootlegging For The Better: Livestreams And The Music Industry, Delta Pennington

Journal of Intellectual Property Law

As online presence has continued to become a more important aspect of everyday, it has become a norm in American Culture to share every aspect of life, including concert attendance. While artists expressed distaste in the past for recording at concerts, there has been a shift by musicians to acceptance of recording at concerts, sometimes being an important form of cheap promotion. Artists that do continue to express distaste for concerts being shared on social media have turned to non-legal remedies to solve their problem. Although there is a remedy available to artists for the livestreaming of concerts through the …

The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music, Michael L. Menna

Journal of Intellectual Property Law

This article is guided by two questions: (1) How well does the law actually protect musicians from market exploitation? (2) What new perspectives and legal strategies can better secure their bargaining power and financial wellbeing? Copyright and antitrust are not mutually exclusive in music or in any other industry, yet there are important lessons to be learned from comparing how the musician’s prominence in each doctrine does and doesn’t correlate to what its laws can really do for different members of that creator class. Stakeholders frequently cast copyright as an essential necessity for “everyone in the music industry,” but this …

Art Wants To Be Free, Brian L. Frye

Journal of Intellectual Property Law

What is fair use? In Warhol v. Goldsmith, the Supreme Court held that licensing a painting based on a photograph wasn’t a transformative fair use, because the painting competed with the photograph in the market for images of the same person. This article tells the story of Warhol v. Goldsmith, analyzes the opinion, and explains how it changed copyright doctrine. It also presents a theory of how appropriation artists can use the public domain to insulate themselves from liability for copyright infringement.

This Is Not History

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Resilience Against Neglect

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Violence And Artistic Resistance, Tucker Brown

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Power Of Poetry, Madison Haji

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Cointelpro's Assassination Of Fred Hampton

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

What's Going On, Jesse Spadaccini

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Importance Of Multicultural Clubs At Pc, Courtney Wight

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Freedom Lyrics, Lily Allan

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Flourish, Chanel Perez

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Uncovering The Covered, Matthew Ouellette

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Beyond The Game: Black Power In Sports

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Incarceration As New Jim Crow, Courtney Butts

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Real History: A Freedom School Curriculum

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Growth Of African American Nurses

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Black Symbols: From The Civil Rights Movement To Now

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Jurgen Habermas's Views On Legal Validity And Discourse Ethics: A Literature Review, Rika Febriani, Supartiningsih Supartiningsih, Sindung Tjahyadi

Jurnal Civics: Media Kajian Kewarganegaraan

In modern states, law is often reduced to merely a tool of power. Many contemporary practices treat law as nothing more than a procedural requirement, disregarding its substantive values and the social conditions of society. This article discusses the validity of law within a political community from Habermas's perspective. According to him, the law must be discursive and stem from rational subjects capable of effective communication. The fundamental questions addressed are: how can law ideally be derived from norms within a political society? And how can law subsequently foster a democratic society? This article employs historical-factual methods, with primary sources …

Preserving First Amendment Values: Social Media And The Harmful Content Test, Liam Watts

Undergraduate Honors Theses

We live in a world in which the internet is unavoidable. It is used for our everyday tasks (such as sending business emails) and is even used to communicate with other individuals around the world (through messaging services, for example). Another unavoidable aspect of the internet is social media; it is used for communication, news gathering, and engaging in discussion, inter alia. Sometimes, the way individuals use social media is quite aversive. Thus, social media companies have rightfully tried to govern their platforms in a way that attempts to reduce the harm that comes from aversive content. However, social media …

Long Live The Good King: Arthur’S Niebuhrian Kingship And Pursuit Of Justice In The Once And Future King, Camille Bewley

Harding Undergraduate Research Conference

The classic The Once and Future King, written by T.H. White, is a selection of four fantasy novels with one, linear plot: the story of Arthur, the mythological King of England. Reinhold Niebuhr’s book Moral Man and Immoral Society details the Christian realism of a world in need of justice without the ability to achieve perfect application. Through good education, Arthur is well endowed with Niebuhr’s requirements for a functional society: knowledge, honor, wisdom, and compassion. Such king-like qualities make him one of the most influential mythological characters in history, and a grand exemplar for maintaining ethical goals and personal …

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …