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Full-Text Articles in Law

Higher Education And Resilience: An Exploration Of Sexual Misconduct Survivors' Lived Experiences And The Impact On Their Educational Journey, Patricia Denise Williams Aug 2026

Higher Education And Resilience: An Exploration Of Sexual Misconduct Survivors' Lived Experiences And The Impact On Their Educational Journey, Patricia Denise Williams

Theses & Dissertations

HIGHER EDUCATION AND RESILIENCE: AN EXPLORATION OF SEXUAL

MISCONDUCT SURVIVORS’ LIVED EXPERIENCES  AND

THE IMPACT ON THEIR EDUCATIONAL JOURNEY

Patricia Williams, PhD

University of the Incarnate Word, 2026

This study explored the lived experiences and resilience of victims/survivors of sexual misconduct while pursuing education at an Institution of Higher Learning (IHL). Students between the ages of 18 and 24 are more likely to be sexually victimized than be victims of robbery at IHLs (RAINN, n.d.). The impact of sexual misconduct can leave victims/survivors with long-term trauma, causing negative academic outcomes and a host of behavioral and emotional issues (Banyard et …


The Treatment Of Digital Assets In Insolvency, Nydia Remolina Leon, Aurelio Gurrea-Martinez, Daniel Liu Aug 2026

The Treatment Of Digital Assets In Insolvency, Nydia Remolina Leon, Aurelio Gurrea-Martinez, Daniel Liu

Research Collection Yong Pung How School Of Law

This article provides a comprehensive analysis of the treatment of digital assets in insolvency. Given that cryptoassets can be the subject of various transactions—including purchase, sale, custody, and lending—understanding their nature and implications in insolvency is relevant for any firm, not just cryptoexchanges. The article begins by offering a general overview of the world of cryptoassets. It then examines the nature of cryptoassets from accounting, financial, and legal perspectives. While much of the literature on insolvency and cryptoassets has primarily focused on the analysis of whether cryptocurrencies constitute property of the estate, this article explores additional issues, such as the …


Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary Aug 2026

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …


Data Centers Face Volatile Regulatory Landscape, Michael B. Gerrard Aug 2026

Data Centers Face Volatile Regulatory Landscape, Michael B. Gerrard

Sabin Center for Climate Change Law

The construction of new data centers for artificial intelligence has become a major engine of the U.S. economy. More than 700 data centers are now under construction across 40 states, with many more to come.

These are typically multi-billion-dollar projects. This boom is facing growing public opposition, which has led to an extremely volatile regulatory land-scape, especially at the state and local levels. That landscape is the subject of this article. This volatility has raised the cost of capital for data centers and led to the cancellation of many, and to heightened due diligence by lenders and others.


From Open Banking To Banking-As-A-Service: Regulatory Challenges In The Evolution Of Financial Intermediation, Nydia Remolina Leon Aug 2026

From Open Banking To Banking-As-A-Service: Regulatory Challenges In The Evolution Of Financial Intermediation, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

Over the past decade, financial innovation has moved from open banking, centred on consumer-permissioned data sharing, to banking-as-a-service (BaaS), which modularises core banking functions through application programming interfaces. This shift allows fintechs and non-financial platforms to embed financial products seamlessly, reducing transaction costs and fostering innovation. Yet the 2024 collapse of Synapse in the United States exposed the fragility of this model when intermediaries operate outside robust oversight, leaving consumers without recourse and revealing liability fragmentation and regulatory blind spots. This paper distinguishes BaaS from open banking, open finance, and embedded finance, and maps leading global models – from bank-led …


Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain Aug 2026

Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …


Juvenile Lifers: Adapting To Life While Doing Life, Tristin Faust Aug 2026

Juvenile Lifers: Adapting To Life While Doing Life, Tristin Faust

Theses, Dissertations and Culminating Projects

This qualitative study examined psychosocial maturation among individuals sentenced to life imprisonment for offenses committed during adolescence. Archival interview and survey data were analyzed for 30 men who had been resentenced and released after serving an average of 31 years in prison. Findings revealed a developmental progression across four stages: pre-incarceration, initial incarceration, catalysts for change, and later incarceration. Participants described entering prison with developmental immaturity compounded by trauma, unstable home environments, educational disruption, and antisocial peer influence. Their early years of incarceration were marked by anger, fear, misconduct, and survival-oriented behavior. Over time, participants identified discrete events and ongoing …


Transnational Indigenous Environmental Justice: A Distant Comparative Study Of Nepali And U.S. Environmental Policies And Counter-Archives In Technical Communication, Shankar Paudel Aug 2026

Transnational Indigenous Environmental Justice: A Distant Comparative Study Of Nepali And U.S. Environmental Policies And Counter-Archives In Technical Communication, Shankar Paudel

Open Access Theses & Dissertations

This dissertation investigates how institutional communication, state bureaucracy, and Indigenous sovereignty intersect within Rhetoric and Writing Studies (RWS) and Technical and Professional Communication (TPC). Current TPC research increasingly focuses on social justice; however, the field still lacks ethical frameworks to deal with the complicated dynamics of transnational Indigenous Environmental Justice Communication (IEJC). This study addresses this gap by examining how two distinct Indigenous communities - the Tharus of Chitwan, Nepal, and the Ysleta del Sur Pueblo Tigua Indians of El Paso, Texas - communicatively navigate, contest, and resist state environmental policies.

Grounded in decolonial Distant Comparativism, Mestiza Consciousness, Rhetoric of …


Race, Sex, And Age Disparities In Homicide Clearance Rates In Tennessee: An Intersectional Approach, Teliyah Cobb Aug 2026

Race, Sex, And Age Disparities In Homicide Clearance Rates In Tennessee: An Intersectional Approach, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence homicide solvability. This study examines the relationship between victim characteristics and homicide clearance rates in Tennessee from 2001 to 2023. Using an intersectional approach, it assesses whether victim characteristics both individually and in combination are related to case solvability. Variables of interest include: (1) victim race, age range, and sex; (2) year the case was reported; (3) crime type; (4) whether the case was cleared; and (5) the circumstances leading to clearance. A total of 11,534 homicide cases from the Tennessee Incident-Based Reporting System were analyzed.

Findings indicate that individual victim characteristics do not significantly predict …


De-Centering And Re-Centering Digital Scholarship, Ten Years On, Matthew Hunter, Aaron Retteen, Micah Vandegrift Aug 2026

De-Centering And Re-Centering Digital Scholarship, Ten Years On, Matthew Hunter, Aaron Retteen, Micah Vandegrift

Faculty Scholarship

Ten years after the publication of a manifesto attempting to describe what digital scholarship could do for and within libraries, some of the original authors reflect on the progress of the call-to-action. This article describes areas in which the integration of digital scholarship activities as core parts of librarianship has and has not become commonplace and traces larger-scale developments in the academy and global knowledge landscape that have contributed to the accuracy of the predictions made in 2017.


Trademarks, Functionality, And Competition, Glynn Lunney Aug 2026

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …


The President And The Power Grid, Alexandra B. Klass, Dave Owen Aug 2026

The President And The Power Grid, Alexandra B. Klass, Dave Owen

Faculty Scholarship

There is a sharp discontinuity between the second Trump Administration’s electricity policies and those of previous presidential administrations. President Trump has directed the Department of Energy to use statutory authority designed for wartime conditions and sudden emergencies to prevent electric utilities from retiring aging coal plants. In doing so, he has elevated the president’s role in electric-grid governance and reduced the primacy of the expert regulatory agency—the Federal Energy Regulatory Commission—that Congress authorized to govern electricity markets and grid reliability.

This Essay places these actions in historical context. It recounts the executive branch’s role in electricity policy during the first …


Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy Jul 2026

Piracy, Terrorism, And The Law: Differential Equations In Hostage Situations, Gabriel Hallevy

Journal of Humanistic Mathematics

Pirates have taken the crew of an American ship hostage. They promise to release the hostages only if another pirate who is held in an American prison for commission of piracy crimes against American citizens, is released. Should the U.S. government enter into negotiations with them? Should they send armed forces and risk the hostages? Should they release the prisoner immediately and unconditionally? The article models and analyzes possible policies regarding sensitive situations involving hostages and other related risks using differential equations. The solutions are surprisingly simple, but not necessarily intuitive. Our analysis aims to demonstrate how powerful mathematics is …


Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro Jul 2026

Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs.

The objective of this study is as follows:

•             To shed light …


Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi Jul 2026

Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the inadequacy of the current legal framework of international humanitarian law in protecting civilians from the risks of cyberattacks, and analyzes the devastating humanitarian impacts of communications shutdowns and digital attacks on critical infrastructure such as hospitals. The research concludes that legal frameworks need to be modernized, international cooperation strengthened, and effective international accountability mechanisms developed to bridge the protection gap that exists in the digital age and ensure that perpetrators of these violations do not go unpunished.


Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh Jul 2026

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …


Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham Jul 2026

Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research undertakes an in-depth study of the concept of Shura (Consultation) in Islam from historical, jurisprudential and legal perspectives. It begins by reviewing the concept itself, starting with a realistic understanding of it. This involves defining Shura in its current form, presenting the views of Islamic jurists on the matter, highlighting the methodological flaws in the current understanding, and offering a corrective approach to the pre-Islamic tribal view of Shura. The research also distinguishes between Shura and the concept of Mashurah. Furthermore, it presents the political concept of Shura based on the era of Caliphs Alrashidin, the Umayyad and …


Mediation As A Mechanism For Resolving Family Disputes In Lebanon: An Analytical Study Of Current Practice And Development Prospects, Amer El Masry Jul 2026

Mediation As A Mechanism For Resolving Family Disputes In Lebanon: An Analytical Study Of Current Practice And Development Prospects, Amer El Masry

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This study examines the effectiveness of mediation as a mechanism for resolving family disputes in Lebanon, with a particular focus on the gap between the legal framework governing mediation and its practical application. The research addresses the extent to which mediation, in its judicial and consensual forms, can provide effective and fair solutions to family disputes within a legal system characterized by multiple personal status laws, diverse judicial authorities, and the absence of a specialized framework for family mediation. It further explores challenges related to the protection of vulnerable parties, the balance of power between disputants, institutional integration, and public …


The State’S Responsibility To Prevent And Investigate Violations Of The Right To Life In The Beirut Port Explosion, Ali Wehbi Dib Jul 2026

The State’S Responsibility To Prevent And Investigate Violations Of The Right To Life In The Beirut Port Explosion, Ali Wehbi Dib

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The right to life is recognised in International Human Rights Law (IHRL) as the "supreme right." It is considered a jus cogens norm, fundamental for both individuals and society as a whole. IHRL provides a general guarantee of the right to life. To effectively protect it, the state must take all feasible measures to prevent violations of the right to life and to respond to them. This includes investigating incidents and, when appropriate, prosecuting and punishing those responsible.

The Beirut Port explosion on 4 August 2020 was one of the most powerful non-nuclear explosions in history. It resulted in the …


Cardozo Law News Brief: July 31, 2026, Benjamin N. Cardozo School Of Law Jul 2026

Cardozo Law News Brief: July 31, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the July 10, 2026 Cardozo Law News Brief include:

  • Interim Dean of Students Francesca Acocella received the National Association of Law Student Affairs Professionals’ (NALSAP) Core Four Award in recognition of her outstanding contributions to law student affairs.
  • Professor Jessica Roth spoke to Bloomberg about the Supreme Court’s Cook, Slaughter, and birthright citizenship decisions, discussing their implications for the Fourteenth Amendment.
  • Professor Michael Pollack was quoted in Bloomberg about the legal history of sidewalks and responsibilities for their maintenance, and also appeared on CNN to discuss a viral story about community sidewalk construction.
  • Adjunct Professor Gary …


Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba Jul 2026

Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba

Journal of Strategic and Global Studies

This research article explains the ethical principles of the conflict in Tigray based on the Just War Theory. By using the descriptive qualitative methodology, this research article draws data from secondary sources which includes; academic journals, news reports, as well as international legal instruments to analyze the moral trajectory of the conflict. This research begins with jus ad bellum, to assess Ethiopia’s government justification in declaring conflict within Tigray. While the government fulfilled the criteria of just cause and legitimate authority, the question stands on the ambiguous political intentions and the failure to enact peaceful alternatives before resulting in waging …


Systematic Review Of The Institutionalization Of Service Learning In Higher Education, Wilmer Hernan Cruz Gutierrez Jul 2026

Systematic Review Of The Institutionalization Of Service Learning In Higher Education, Wilmer Hernan Cruz Gutierrez

ASEAN Journal of Community Engagement

An increasing number of universities are integrating service-learning (SL) to fulfill their social mission. However, sustainable institutionalization of SL remains a persistent challenge. This study identifies and analyzes the factors, actors, and strategies that drive and inhibit SL institutionalization in higher education. Using the PRISMA 2020 guidelines, a systematic literature review analyzed 52 documents from seven academic databases (including WoS, Scopus, and ERIC). The findings were grouped into three sections: cultural (integration into institutional values/missions), process (articulation within teaching, research, and outreach), and structural dimensions (dedicated support entities). The results obtained reveal a reciprocal relationship where cultural alignment enables processual …


From Minimum To Meaningful: A Use Of Force Training Regimen For Rural Police Departments, Joseph Corley Jul 2026

From Minimum To Meaningful: A Use Of Force Training Regimen For Rural Police Departments, Joseph Corley

Dissertations, Theses, and Projects

This paper examines how small and rural law enforcement agencies can improve use of force training despite limited staffing, budgets, and training opportunities. Current Minnesota POST Board minimum standards establish baseline requirements but allow significant variation in how agencies develop and deliver training, contributing to inconsistent officer preparedness and skill retention. Drawing on current research in police training, motor skill retention, and scenario based learning, this paper argues that infrequent, skills based training is insufficient for preparing officers to manage dynamic, high risk encounters. The paper proposes an evidence based training regimen centered on two department led use of force …


Paediatricians' Liability To Patients' Parents For Negligent Genetic Testing, Anthony Sangiuliano Jul 2026

Paediatricians' Liability To Patients' Parents For Negligent Genetic Testing, Anthony Sangiuliano

Osgoode Hall Law Journal

The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in reliance on a miscommunication about the test results, they conceive a subsequent child who is later born with a disability. I call the tort alleged by the parents in these circumstances a subspecies of “paediatric triangular torts.” In this article, I demonstrate the conceptual feasibility of …


Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott Jul 2026

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge Jul 2026

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd Jul 2026

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong Jul 2026

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey Jul 2026

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Myth As A System Of Meaning: Naturalization In The Expression “Ojo Lungguh Ning Tengah Lawang, Mengko Ora Ilok”, Sara Dwi Anjani, Triaswarin Sutanarihesti Jul 2026

Myth As A System Of Meaning: Naturalization In The Expression “Ojo Lungguh Ning Tengah Lawang, Mengko Ora Ilok”, Sara Dwi Anjani, Triaswarin Sutanarihesti

International Review of Humanities Studies

The phrase “ojo lungguh ning tengah lawang, mengko ora ilok” is a traditional prohibition still known and applied in everyday life by Javanese people. This phrase not only functions as a rule of behavior, but as part of a system of cultural meaning passed down from generation to generation. This study aims to explain how Javanese people of different generations understand this phrase and how it functions as a myth in social life. This study employs a qualitative approach utilizing Roland Barthes’s semiotic framework and the identity perspectives of Mary Bucholtz and Kira Hall. Data were collected through …