Law Commons^™

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …

Evaluating The Impact Of Tennessee House Bill 2327 & Senate Bill 2055, Kya Cousino, Emily Redford, Leah M. Vetters

SPARK Symposium Presentations

Students with autism spectrum disorder (ASD) and developmental delays often require consistent therapeutic interventions such as speech therapy, occupational therapy (OT), or applied behavior analysis (ABA) in order to meaningfully access their education (Treatment and Intervention for Autism Spectrum Disorder, 2024). However, service shortages, scheduling barriers, and restrictions on outside providers during the school day frequently create gaps in care. As a result, families may be forced to choose between their child’s educational attendance and the continuity of medically or developmentally necessary services.

House Bill 2327 and corresponding Senate Bill 2055 seek to address this barrier by requiring Local Education …

Computational Clinical Judgment: Predicting Risk With Large Language Models, Hannah Laqueur, Ryan W. Copus

Faculty Works

For seventy years, research has shown actuarial methods outperform clinical judgment. Yet actuarial approaches have limitations: they generally rely on structured data; cannot exploit rare case-specific details; have limited accuracy where outcome data are scarce or incomplete; and cannot offer case-level justifications. Large language models (LLMs) offer a different approach. Like actuarial methods, they aggregate information algorithmically, but like clinicians, they bring general knowledge and can provide case-level justifications. We prompted seven LLMs to assess rearrest risk from 113 parole hearing transcripts and compared their predictions to a machine learning model trained on 4,000 cases with 91 administrative variables. GPT-5 …

Reading Wars, Don Herzog

Books

Once again, we’re fighting wars over reading. Who gets to read? What do they get to read? These days, the right is obsessed with removing LGBTQ books from school and public library shelves and ensuring students read only the Correct version of American history. The left is obsessed with eradicating right-wing fantasies, not to mention outright lies, from the internet, and with airbrushing or even purging racist texts. You don’t have to stoop to whataboutery to notice a suspicious resemblance. But once again is wrong. We’ve always fought these wars, even if the enemies come and go. In this book, …

Between ‘Technology Futures’: How Standards Are Transforming Digital Trade, Craig Atkinson

Centre for Digital Law

Digital trade relies on technical standards. As information technologies advance, international digital standards make the technologies used in trade – or ‘tradetech’ – more interoperable, scalable, and secure.

A wide range of tradetech use cases depend on digital standards, including those for document formats, electronic signatures, digital identity, and cybersecurity. They also encompass system specifications for cross-border payments, electronic transferable records (ETRs), transportation/logistics, trade facilitation, and financial compliance.

Most digital standards are voluntary and are produced by international Standards Development Organisations (SDOs) alongside a growing number of industry-led consortia.

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

What Is Hate Speech? A Proposal For An Ordinary And Legal Definition, Hannah Van Dijcke

SJD Dissertations

The term “hate speech” has been stretched in legal and public debates to cover speech ranging from insults to Holocaust denial. This definitional stretching has consequences beyond mere conceptual confusion: it risks obscuring the profound harm that hate speech does, and it facilitates the term’s misuse.

In this dissertation, I aim to precisely define hate speech and its harm, both in an ordinary (colloquial or non-legal) sense and in a legal sense. To do so, I examine real-world examples of speech widely understood to express hate, including texts from the context of the Holocaust and the Rwandan genocide, and conduct …

The Myth Of The Second Amendment, Laura Muna-Landa

CGU Theses & Dissertations

This dissertation traces the evolution of the United States Supreme Court’s interpretation of the Second Amendment, which shifted from a constitutional provision grounded in collective security and concerns about tyranny to a modern doctrine emphasizing an individual right to possess firearms. It contends that post-Heller (District of Columbia v. Heller (2008) decisions do not simply “apply” founding-era intent to modern circumstances but instead reflect a significant doctrinal reconstruction that now shapes both gun policy and public perceptions of constitutional meaning. This research first reconstructs the founding-era context, then tests explanations of judicial behavior, and finally applies that framework to Heller, …

Stitched In Precarity: Labor Exploitation, Immigration Policy, And Resistance In The L.A Garment Industry, Reyna Guadalupe Silva Carrillo

Scripps Senior Theses

Los Angeles hosts one of the largest garment manufacturing industries in the U.S., built on the labor of undocumented immigrants who often work under exploitative and unsafe conditions. This paper explores how the intersection of broken labor laws and punitive immigration enforcement creates systemic vulnerability for these workers. Despite recent reforms—such as California’s SB 62, which bans piece-rate wages and holds brands accountable—enforcement remains weak, and wage theft continues to persist. State-level protections for undocumented immigrants clash with federal policies that prioritize detention and deportation, leaving workers in a state of constant precarity. While grassroots movements have secured important legislative …

Legal Professional Identity Development: An Exploration Of The Social And Emotional Processes By Which Law Students Transition From Novices To Professionals, David Hall Abney Ii

Theses and Dissertations--Communication

This dissertation seeks to heed the call for expansion of instructional communication research (ICR) beyond the undergraduate classroom and undergraduate learning objectives by exploring older learners and higher-order affective learning objectives. Legal professional identity development (LPID) is a discipline-specific type of higher-order affective learning that is conceptualized as a continuous nonlinear process that begins in law school and extends throughout a lawyer’s career, involving the internalization of the legal profession’s core values and norms and their integration with an evolving identity. Using a pragmatic ICR approach and a mixed-methods design, Phase 1 employed individual interviews and focus groups to investigate …

First-Job Contract Review Cheat Sheet, Johanna Jones-Morris, Ashlee Martellacci

Teaching and Learning Resources

This cheat sheet helps first-time employees understand what to review before signing an employment contract. It highlights job duties, compensation, scheduling, employment terms, benefits, restrictive clauses, worker classification, and common red flags so that individuals can ask informed questions and recognize potentially unfair or unclear terms.

Conversational Ai And Human-Centered First Amendment, Inyoung Cheong

Michigan Technology Law Review

Human-centered artificial intelligence (AI) is premised on the idea that humans must remain the ultimate locus of agency in technological systems. First Amendment jurisprudence has displaced this commitment. By extending speech protection to algorithmic architectures, the judiciary has forged a doctrinal shield that insulates corporate actors from the consequences of their products. Conversational AI deepens this crisis through intimate incursions into the epistemic and emotional registers of the self. Emerging approaches that anchor First Amendment coverage to the controllability or traceability of AI outputs offer no stable solution. Policy-level design choices such as safety guardrails and alignment processes can readily …

Creating A Responsible Authorship Culture In Science: Anchoring Authorship Practices In Principles Of Transparency, Credit, And Accountability, Susan Wolf, Véronique Kiermer, Sofia Adams, Kirsten Bibbins-Domingo, Kathleen Hall Jamieson, Joerg Heber, Mohammad Hosseini, Ana Marušić, Beau Nielsen, Magdalena Skipper, Geeta K. Swamy, Yensi Flores Bueso

Articles

Authorship remains the primary currency of academic credit and a cornerstone of research integrity, yet current practices often fail to reflect the collaborative and interdisciplinary nature of modern science and questionable authorship practices persist. We argue that addressing these shortcomings is a collective responsibility shared by researchers, journals, research funders, scholarly societies, and research institutions. We examined authorship guidelines issued by journals and research institutions and found that their recommendations to researchers are highly variable. We propose that fostering a responsible authorship culture requires a shared, principle-based framework grounded in transparency, credit, and accountability. These three interconnected principles highlight when …

But Who Are The Victims? Reassessing The 568 Higher Education Cartel, James V. Koch

Economics Faculty Publications

Thirty prestigious independent American institutions of higher education were at some time members of the 568 higher education group (often labeled a cartel). Seventeen of them were sued by the U.S. Government and representative students who alleged that their meetings and deliberations resulted in collusion that caused students to pay higher prices. Twelve of the seventeen institutions subsequently settled their cases and by 2024 collectively had paid $284 million to do so. However, an inspection of these institutions' pricing reveals that the median 568 Group institution lowered its average real net annual cost to its undergraduate students by 19.07% between …

Psychometric Properties Of The Digital Psychological Competence Scale For University Students In The Kingdom Of Saudi Arabia, Mona Saad Falih Alamri

University of Tabuk Journal for Humanities and Social Sciences

Higher education has undergone a rapid digital transformation, requiring students to navigate technology-rich learning environments that demand integrated cognitive and psychological competencies. This study aimed to develop and validate a Psychodigital Competence Scale for university students in the western region of Saudi Arabia, using a sample of 523 students. The initial version included 21 items, which were revised through expert judgment (agreement >= 80%) to produce a final 16-item, four-factor scale. Construct validity was assessed using a pilot sample, and Pearson correlations demonstrated statistically significant item-scale relationships at the 0.05 and 0.01 levels. Reliability indicators showed significant split-half reliability (p < 0.01) and a high Cronbach's alpha coefficient (0.908). Exploratory factor analysis supported data suitability (KMO = 0.85, Bartlett's test p < 0.01, determinant = 0.011), and confirmatory factor analysis validated the four-factor model. These findings confirm strong psychometric properties, establishing the scale as a reliable tool for psychological and educational research.

Arabic Proverbs From The Perspective Of Ancient Logic: Al-Maydani's Collection Of Proverbs As A Model, Shihana Saeed Abdullah Al-Shahrani

University of Tabuk Journal for Humanities and Social Sciences

This research aims to reveal the manifestations of logic in Arabic proverbs, as short, condensed texts that express the Arab mind's experience in deconstructing the contents of Arabic proverbs and maxims in light of the concepts of ancient logic and analyzing them as anthropological tools for establishing cultural truths that reflect the structure of collective Arab consciousness. The research dealt with the logical structure in proverbs in terms of the relationship between premise and conclusion, signifier and signified, and induction and deduction. This demonstrates that the Arabic proverb was not merely a literary or social expression, but rather a rational …

The Level Of Faculty Members' Awareness At The University Of Tabuk Of The Importance Of Using Artificial Intelligence Applications In Teaching According To Selected Demographic Variables, Mufleh Bin Qublan Bin Bajad Al Judea

University of Tabuk Journal for Humanities and Social Sciences

The present study investigates the level of awareness among faculty members at the University of Tabuk regarding the importance of employing artificial intelligence (AI) applications in teaching. To achieve this aim, the study examines the influence of several demographic and professional variables, including academic rank, gender, years of teaching experience, and the level of training in artificial intelligence. A descriptive-analytical approach was adopted, and data were collected through a questionnaire administered to a sample of faculty members in the College of Education. The results revealed no statistically significant differences in awareness levels attributable to academic rank, gender, or teaching experience. …

Rules Of The Road: Toward National Regulation Of Autonomous Vehicles, Adam Raviv

Journal of Law and Mobility

After decades of promise, self-driving cars are now becoming a meaningful reality on our roads. Yet not a single federal law or regulation governs autonomous vehicle operation in the United States—despite widespread agreement among policymakers, advocates, and industry stakeholders that a national safety framework is necessary. This article provides the first comprehensive legal analysis of what a federal safety regulation for autonomous vehicles can and should look like. It describes the current landscape of autonomous technology. It analyzes both the existing federal legal regime for vehicle safety regulation as well as state, local, and international standards that apply to autonomous …

Environmental Risk Modeling For Heavy Rainfall Events In Jeddah City Between The Years (2000-2025), Amina Atallah Al-Rehaili

University of Tabuk Journal for Humanities and Social Sciences

This study models the potential environmental risks associated with heavy rainfall events that affected Jeddah, Saudi Arabia, between 2000 and 2025. A descriptive-analytical approach based on Geographic Information Systems (GIS) was employed to analyze spatial patterns of rainfall and assess their environmental implications. The methodology included a literature review, collection of daily rainfall data, identification of extreme rainfall events, and spatial analysis of rainfall distribution across the city. A suitability model was then developed to determine areas most vulnerable to heavy rainfall hazards. Results indicate that heavy rainfall events and their environmental impacts on residents and property correspond to 70.37% …

The Reality Of Science Teachers' Possession Of Tpack Model Competencies In Intermediate Schools In Bisha Governorate From Their Perspective, Khaled Saleh Alrawili

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to explore the reality of Science Teachers' Possession of TPACK model Competencies in Intermediate Schools in Bisha Governorate from their Perspective, and its relationship to certain variables (academic qualifications - years of experience). The study used a descriptive survey approach by applying a questionnaire consisting, in its final form, of 30 items distributed across four main axes representing the basic components of the TPACK model. The sample consisted of (85) Science teachers in the Bisha Governorate. The study reached a set of results, including: The third axis, "Pedagogical Knowledge" (PK), came in first place in terms of …

Level Of Cognitive Load Among Students With Learning Disabilities In The Middle Stage In Riyadh Region, Khalid Munahi Hudaib Alqahtani

University of Tabuk Journal for Humanities and Social Sciences

The study aimed to investigate the level of cognitive load among middle school students with learning disabilities in Riyadh and to identify differences in cognitive load levels according to gender (male-female) and grade level (first, second, third). The study adopted a descriptive approach and was conducted on a sample of (80) students with learning disabilities, whose ages ranged from 14 to 16 years. To achieve the study objectives, a Cognitive Load Scale consisting of (30) items distributed across three dimensions was developed: intrinsic load, extraneous load, and germane load. The results revealed that the overall level of cognitive load among …

The Factorial Structure Of The Positive Thinking Scale Among Graduate Students (A Case Study Of Tabuk University), Mohammed Abdullah Asiri, Hissah Suliman Albalawi

University of Tabuk Journal for Humanities and Social Sciences

The aim of the research was to identify the factorial structure of the Positive Thinking Scale among graduate students, using confirmatory factor analysis, the level of positive thinking among graduate students, and the differences in the dimensions of positive thinking among graduate students, according to two variables: (gender and specialization). To achieve the research objectives, a descriptive analytical approach was used, and a scale was designed consisting of 36 items distributed across five dimensions (optimism and positive expectation, self-discipline and control of higher-level mental processes, mindfulness, critical thinking, and unconditional self-acceptance). The scale was applied to a stratified random sample …

Heritage In Digital Literary Discourse: An Analytical Approach To Fawaz Al-Laboun's Tweets, Zuhir Hassan Saeed Alamri

University of Tabuk Journal for Humanities and Social Sciences

This study examines heritage in digital literary discourse through an analytical approach to the tweets of Fawaz Al-Laboun, within a contemporary narrative context shaped by the digital sphere, where narrative forms intersect with creative expression. The study traces transformations in the presence of heritage within the digital environment and explores the potential of short-form narration when employed to generate poetic, cultural, and rhetorical meanings on social media platforms, particularly X. The study relies on the analysis of six selected digital news texts drawn from Al-Laboun's posts. These texts were chosen based on their connection to cultural memory and narrative structure, …

Level Of Integration Of Learning Disability Program Services From The Perspective Of Learning Disability Supervisors And Teachers In Taif City, Abdullah Ahmed Ali Alghamdi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of functional integration among the core elements of learning disabilities programs in Taif, by surveying the opinions of those working in these programs within a comprehensive evaluation framework. This framework considered the governing legislation and regulations, the efficiency of diagnostic and assessment processes, the effectiveness of implementing Individualized Education Plans (IEPs), and other operational components that form the scientific and practical basis for the quality of educational services in these programs. The study adopted a descriptive approach, deemed most suitable for understanding the field reality, and its instruments as survey were applied to …

Symmetry, Presumptions, And The Judges Design, Murat C. Mungan

Faculty Scholarship

An instrumental variables approach called ‘the judges design’ used frequently in social sciences relies on an assumption called ‘average monotonicity’. This assumption pertains to how different judges’ (or other classifiers’) decision making processes relate to each other. Violations of it are hard to detect, which raises the importance of it being supported by a plausible theory. Decisions of judges who solve Bayesian decision problems violate average monotonicity as long as the signals they process are symmetric and they do not possess strong presumptions. This result is extended to cases where judge presumptions are symmetrically distributed and may include strong presumptions. …

50 State Survey On “Harmful To Minors” Laws And Library Exemptions/Defenses, Rebecca A. Mattson, Shay Elbaum, Amanda Mccormick, Dan Sawall, Victoria Tokar, Eric Yap

Faculty Scholarship

No abstract provided.

Behemoth Unbound: An Internal Critique Of Carl Schmitt’S Nazi-State Structure, Zaynamin Murtaza

CMC Senior Theses

This paper offers an internal critique of Carl Schmitt's Nazi-era state theory from the perspective of the counterrevolutionary political-theological tradition to which Schmitt belongs. Using Schmitt's political-theological method which holds that all political theories have a systematic theological structure, the paper argues that Schmitt's 1933 turn to National Socialism contradicts this tradition. The paper proceeds in five sections. The first establishes the political-theological framework that will be utilized throughout the paper. The second develops Schmitt's concept of the katechon—the restrainer of lawlessness drawn from Christian eschatology— which he uses as a model for his theory of the state. The …

Balancing The Scales Of Justice: The Unconstitutionality Of Marital Rape In India, Pallavi Raju

CMC Senior Theses

Marital rape remains an unpunished crime in India, despite decades of dispute and litigation. This thesis explores the question of why the state continues to retain the marital rape exception within the Indian criminal code, even though it commits to combat gender based violence in other areas of justice. The research begins with a broader understanding of privatization of women’s rights in the international sphere and culturally sanctioned violence to protect the institution of marriage. With a focus on the legal justifications and language of Indian court cases, this thesis determines that judges adjudicate on gender justice inconsistently. Attempting to …