Law Commons^™

Safer Futures: Strategies For Enhancing Collaboration Between Law Enforcement And Child Welfare Agencies In Preventing Fatal Child Abuse, Kayla M. Brown

Roger Williams University Law Review

No abstract provided.

The Deferential Asian American: Low Racial Status And The Invisibility Of Asian Americans In Leadership And The American Narrative, Reginald Oh

Law Faculty Articles and Essays

This Article will proceed in five parts. First, an important caveat. When the Article refers to Asian Americans, it refers to all Asian American subgroups except for South Asian Americans, because South Asian Americans are not perceived to be deferential in the same way as other Asian American subgroups. Consequently, their experience with leadership is unique among Asian Americans, and much of the analysis in this Article does not apply to them.

With that caveat, Part I will discuss the invisibility of Asian Americans generally, but particularly in leadership positions. Part II will discuss the concept of social status bias …

Rethinking Social Rights From Latin America, Christian Gonzalez Chacon

Washington and Lee Journal of Civil Rights and Social Justice

International human rights courts and bodies have traditionally enforced social rights within constrained frameworks, such as “available resources” and “minimum provision,” often overlooking deeper structural inequalities and urgent global challenges. This paper advocates for a paradigm shift grounded in the capabilities framework, reconceptualizing rights to encompass sustainability, harmony, and human flourishing. Drawing on indigenous philosophies from Latin America, I propose strategies to strengthen enforcement mechanisms, including the establishment of specialized human rights courts, equitable taxation systems, and regenerative economic models. By aligning human rights with capabilities and ecological stewardship, this paper illustrates their potential to address poverty, inequality, and climate …

Ethics & Independence In Trump’S War On Big Law, Christopher D. Hampson, Elise Bernlohr Maizel

UF Law Faculty Publications

In his second term, President Donald Trump has launched an unprecedented assault on the nation's largest law firms. Through a series of executive orders and highly unusual EEOC (Equal Employment Opportunity Commission) actions, the Trump regime has sought to undermine the independence of the private bar. In response, targeted firms have been forced to make a choice: to appease the administration or to fight back. This Essay considers those choices the interrelated nature of parallel settlements and suits-and the choice that the majority of firms have made to stay silent. We argue that Big Law's independence is essential and that …

Drafting In The Digital Age: Contract-Design And Web-Based Consumer Contracts, Ben Fernandez

UF Law Faculty Publications

Consumers often do not read the contracts they sign. They know the basic terms of the deal and take the risk that it is enough to avoid being sued for breach. Even sophisticated businesspeople often do not read the documents they sign; they rely on their attorneys to tell them what they need to know. If the sole purpose of documenting a contract is to protect the party that has the financial resources and the leverage to hire an attorney to draft it, then the attorney doesn’t do their client a disservice by focusing solely on the contract’s enforceability. A …

From Downes To Dobbs: Why Stare Decisis Should Not Stop The Court From Overturning The Territorial Incorporation Doctrine, Gino Piccinini

Indiana Journal of Law and Social Equality

No abstract provided.

The Chemical Straightjacket: Institutional Over-Use Of Psychotropic Drugs On Children In Lieu Of Therapeutic Community Mental Health Services, Marisa Leib-Neri

Indiana Journal of Law and Social Equality

This Article argues that the abysmal state of children’s mental health in America is in part due to an overreliance on and over prescription of psychotropic drugs inside psychiatric residential institutions in lieu of community based mental health services. This overreliance on residential institutions and psychotropic drugs has allowed a new form of chemical restraint to flourish—the chemical straitjacket. This Article uses the medication lists of twelve children in seven different North Carolina psychiatric residential treatment facilities to demonstrate how the chemical straitjacket operates: the prescription of drugs not approved for pediatric populations, counter to evidence-based practices for particular diagnoses, …

Crip The Law: Representation As A Key Component Of Liberation Lawyering, Marissa Ditkowsky

Indiana Journal of Law and Social Equality

No abstract provided.

The Failure Of Fcc Diversity Initiatives: A Postmortem And A Proposal, Christopher Terry, David Pritchard

Indiana Journal of Law and Social Equality

No abstract provided.

Do Federal Circuit Courts Of Appeal Provide Adequate Assistance To Self-Represented Litigants? A Review Of The Circuits’ Websites Resources, Jona Goldschmidt

Indiana Journal of Law and Social Equality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

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

Faculty Scholarship

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 …

“I’M Not Really Sure Of What Exists Here”: Frontline Perspectives On Services For Technology-Facilitated Sexual Violence, Jennifer L. Mcarthur, Kayla J. Goruk, Julie Blais, Alexa Dodge, Suzie Dunn

Articles, Book Chapters, & Popular Press

Technology-facilitated sexual violence (TFSV) is a pervasive issue, yet research on the availability, accessibility, and effectiveness of services for TFSV victimsurvivors remains limited, particularly in Canada. This qualitative study examines the state of service provision for TFSV in Nova Scotia, drawing on insights from 12 interviews with service providers specializing in sexual violence prevention and response. The study explores the availability and nature of services offered to TFSV victim-survivors and the key challenges faced by professionals in providing support. Thematic analysis highlights significant gaps in service provision, including a reliance on generalized approaches, restrictive eligibility criteria that exclude certain victimsurvivors, …

Social Murder And The Antisocial Contract, Marissa Jackson Sow

Law Faculty Publications

Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and—certainly as it is manifesting in the United States under the second Trump Administration—is also an anti-constitutionalist project aimed at destroying society, eliminating social goods, and renegotiating an American social contract that is, definitionally, antisocial. Social murder is as much about the elimination of social life as it is about the interruption of physical life. And it is fueled by …

Public Protest And Civil Unrest, Timothy Zick

Faculty Publications

Governments and officials must respond to protest-related civil unrest. How they do so is both an index of official respect for dissent and a measure of how committed governments are to democratic accountability. This Article examines official responses to civil unrest in connection with several recent high-profile demonstrations. In general, it concludes that governments and officials have relied on aggressive and increasingly draconian measures to quell protest-related civil unrest. Among other things, they have invoked emergency powers and used aggressive protest policing methods; dispatched federal agency personnel and threatened to deploy military forces to police demonstrations; enacted successive waves of …

Patenting The Taboo: Sex, Drugs, And Abortion, Andrew Gilden, Sarah R. Wasserman Rajec

Faculty Publications

The patent system provides a surprisingly rich archive of the interplay between social norms and technological change. Patent law requires applicants to publicly disclose the novelty and usefulness of their inventions, thereby bringing to light areas of innovation that may have previously lived in the shadows. In other words, patent law encourages public disclosure of technologies that are taboo—developed and practiced in secret, for reasons such as social approbation, illegality, or religious sanctity. To obtain a patent for a taboo technology, patentees must establish their legitimacy as innovators while navigating cultural norms that are hostile to their fields of innovation. …

[Review Of The Book Closed Seasons: The Transformation Of Hunting In The Modern South, By J. Brock]., Tracy L. Barnett

History Faculty Publications

[Introduction] The hunt has long occupied a central place in southern lore and literature. For generations, fathers and grandfathers initiated their sons into its rituals, teaching them to steady a rifle, bait a hook, and cast a line. In the twentieth century, William Faulkner and other writers elevated this long-held tradition into mythology, evoking both the exhilaration of the chase and the gothic romance of Mississippi’s pine forests. And, today, around 5.3 million southerners (of all races and genders) hold hunting licenses and organize their calendars around the season’s rhythms and associated social gatherings. Focusing on the Deep South states …

Company Districts, C.J. Suglia

Fordham Journal of Corporate & Financial Law

Special districts that are owned or controlled by private entities and act almost uniformly like a company town can be dubbed a “company district.” These special districts, similar to historical company towns, have autonomy over the districts, control the local government, and only have to answer to the state government. Historical company towns like Pullman, Illinois and Hershey, Pennsylvania had almost canonical command over the land within their boundaries. Company districts operate their business similar to a company town—in a city that the private entity controls, but do not have employees living on-site. Company districts benefit by being immune to …

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.

Space For The Departed: Burial, Land Scarcity, And Bone-Ash Apartments In China, Xinyi Wu

Pitzer Senior Theses

The rise of bone ash apartments in China reflects a layered response to urban land scarcity, shifting funeral policies, and real estate speculation. As the state mandates cremation and restricts private cemetery development, traditional burial customs are increasingly reshaped by spatial limitations, economic pressures, and political regulation.

For some families, bone ash apartments function as modern ancestral halls—domestic spaces for remembrance and ritual continuity. For others, they represent a pragmatic investment strategy, offering long-term storage of ashes within assets that retain market value.

This thesis examines how urban planning, state funeral policy, real estate dynamics, and the disintegration of neighborhood …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Chronically Online: Apportioning Liability In Social Media Litigation Based On User Engagement, Rebecca Vangelos

Fordham Law Review

The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies—including infinite scroll, personalized content recommendation feeds, and dark patterns—to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities to foster social media dependency. Accordingly, a growing body of scientific evidence links the extensive use of social media to the teen mental health crisis in the United States.

Despite these negative effects, social media companies have largely evaded accountability for the harm they have caused to teens. Recent lawsuits …

The Role And Impact Of Forensic Evidence In The Prosecution Of Homicide Cases In The U.S., Afrah Dakhilallah A. Altubait

Theses and Dissertations

The role of forensic evidence in the criminal justice process is an important topic that is significant from both theoretical and practical perspectives. The present study is dedicated to a critical analysis of the role of this evidence in the U.S. criminal justice process with a focus on its significance in homicide cases. Specifically, this dissertation examines the implications of using DNA and fingerprint evidence for convictions in U.S. homicide cases by analyzing the role of DNA and fingerprint evidence in the prosecution of “hot” and “cold” homicide cases, discussing the main ways in which forensic evidence assists with prosecuting …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Enforced Colorblindness, Goldburn P. Maynard Jr.

Washington and Lee Law Review

The time for race consciousness is over, and the era of enforced colorblindness is upon us. The dawn of this new age is troubling because it closes the door on effective strategies to achieve racial justice, including efforts to grant federal reparations. This Article analyzes the areas in which courts have invalidated race-conscious measures, with a particular focus on recent racial equity efforts by the Biden Administration. Rather than treating the loss of race consciousness exclusively as a loss to the movement for equality, this Article argues for a silver-lining approach. While court-led efforts to remedy the effects of slavery …

The Excluded: Where Did Our Rights Come From, Who Paid The Price Trying To Establish Them, And Who Is Trying To Take Them Away? The Centuries-Long Struggle For Inclusion, Jim Brosnahan

University of San Francisco Law Review

No abstract provided.

Trial Lawyers And An Ethos Of Leadership: Enhancing Legal Education To Meet Evolving Demands, Anthony J. Ghiotto

University of San Francisco Law Review

No abstract provided.

Cleaning Our Hands Of Climate Washing: Promoting Corporate Responsibility With The European Union’S Corporate Sustainability Due Diligence Directive, Parker M. Jacobs

University of San Francisco Law Review

No abstract provided.

It’S Time To Stop Punting: Preserving The Integrity Of College Sports One Nil Deal At A Time, Talon D. Tarone

University of San Francisco Law Review

No abstract provided.

From The Court To The Courtroom: A Stanley Lens To Potential Equal Pay Act Claims For Women’S Collegiate Athletes, Katrina L.G. Murphy

University of San Francisco Law Review

No abstract provided.