Law Commons^™

Changing The Wind’S Direction: Reflections On Ian Shapiro’S After The Fall, Stefan Eich

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Roses For Keynes And Dead Flowers For Reagan In Shapiro’S After The Fall, Ian Hurd

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

“Don’T Tell Me To Keep Doing What I’M Doing, When I’M Risking My Life Trying To Get You To Do Your Job”: Thoughts On The Politics Of Distance, Alice Chapman

Emancipations: A Journal of Critical Social Analysis

No abstract provided.

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

From Monopoly To Orchestration: The Hilltop And Farm Youth And The Changing Organization Of State Coercion - The Israeli Case, Idan Yaron

Emancipations: A Journal of Critical Social Analysis

Drawing on more than a decade of ethnographic fieldwork – as a social anthropologist, studying the Far Right in Israel, on the ground, and through intimate and prolonged relationships with opinion leaders and rank-and-file activists – this essay examines the Hilltop and Farm Youth in the West Bank to reconsider Charles Tilly's influential account of state formation and the organization of coercion. It asks a simple but troubling question: why would a powerful modern state, fully capable of suppressing autonomous violent actors, sometimes allow them to persist? I argue that Tilly's theory should be confirmed, adapted, and amended. His fundamental …

Uneven And Combined Fascism: A Postapocalyptic Perspective, Daniel Loick

Emancipations: A Journal of Critical Social Analysis

This essay develops the concept of “uneven and combined fascism” as an alternative to dominant liberal approaches that understand fascism primarily as a future rupture or return of the European past. Analogizing the crisis of democracy with environmental crisis, it argues that fascism, like ecological catastrophe, should be understood as an ongoing and differentially distributed condition: already present for some while remaining latent or emergent for others. The essay develops this claim by consulting approaches of "postapocalyptic environmentalism" as well as thinkers and activists from the Black Radical Tradition, particularly the analyses of Aimé Césaire and the Civil Rights Congress’s …

Border Fascism And The Fascistization Of Society, Nicholas P. De Genova

Emancipations: A Journal of Critical Social Analysis

The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses.  Specifically, much of the debate around fascism as an analytical category …

Guardians In Orbit: Legal Justifications And Limits Of Defensive Satellite Operations, Yurika Ishii

International Law Studies

The deployment of “bodyguard satellites”—spacecraft designed to autonomously detect and counter hostile space objects—has moved from classified capability development to explicit national security policy across a growing number of States. This article examines the circumstances under which interference with another State’s satellite may be legally justified under international law, analyzing several possible grounds: self-defense under Article 51 of the UN Charter, forcible countermeasures, non-forcible countermeasures, and necessity. Drawing on a survey of national space defense policies, jurisprudence of the International Court of Justice, and the law of State responsibility, the article reaches two principal conclusions. First, across all justificatory frameworks, …

Between Blockchain And Black Markets: South Africa's Legal Readiness For Crypto-Driven Cyberfraud, Sagwadi Mabunda, Yassin Chande

Communications of the IIMA

This paper examines whether the proliferation of cryptocurrency-facilitated fraud warrants a reclassification of the terrestrial crime of fraud into the distinct statutory offence of cyberfraud under South African law. Engaging with established fraud typologies — exit scams, Initial Coin Offering (ICO) scams, Ponzi schemes, pump-and-dump schemes, and market manipulation — the article tests their definitional fit against both the common law of fraud and section 8 of the Cybercrimes Act 19 of 2020. Through a hypothetical composite scenario combining multiple fraud typologies, the article demonstrates that whilst cryptocurrency significantly amplifies the reach and complexity of fraudulent schemes, it functions primarily …

Crime From The Perspective Of The Holy Qur’An, Mustafa Mahdi Lafta Al-Sudani, Murtadha Fathi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This research addresses the concept of crime in light of the Holy Quran, in terms of definition, types, punishments, causes, and prevention. It seeks to clarify the Quranic approach in addressing the criminal phenomenon as a social, moral, and legal phenomenon. The research relied on the inductive analytical method of relevant Quranic texts, with reference to books of interpretation and Islamic jurisprudence. The research concluded that the Holy Quran presented an integrated system to reduce crime based on doctrinal, moral, and legislative reform together.

Developing A Deep Learning-Based Artificial Intelligence System For Detecting Scientific Misinformation On Digital Platforms, Shorouq Al-Awawdeh, Ayah Al- Jafari

Middle East Journal of Communication Studies

Objectives: This study develops and evaluates an Arabic scientific misinformation detection system by fine-tuning AraBERT-base-v2. It examines the effects of early stopping and input sequence length on model performance, interprets selected linguistic characteristics associated with misleading content, and discusses the limitations of using machine-translated data.

Methodology: The study adopted a mixed-methods design, employing a systematic integration of quantitative and qualitative approaches, supported by an interpretive qualitative reading. The initial database consisted of 23,546 records, including 123 Arabic articles collected from the Akeed, Sheek, and Taqeen platforms, and 23,423 foreign-language records drawn from the GossipCop and PolitiFact collections within FakeNewsNet. After …

Getting A Special Education: Parents, Lawyers, And The Politics Of Disability In Postwar Pennsylvania, Emma Gabriel

Swarthmore Undergraduate History Journal

This paper explores the relationship between white parent advocates in Pennsylvania and public interest lawyers, whose litigation efforts legitimized the construction of an implicitly white disabled class in the mid-twentieth century. This analysis sheds light on the ways in which school reform became a key element in the simultaneous construction and renegotiation of intellectual disability and race in the postwar era, and foregrounded the adoption of the Individuals with Disabilities Education Act (IDEA) in 1975.

The Past, Present, And Likely Future Of Shareholder Arbitration, Mohsen Manesh

Villanova Law Review (1956 - )

No abstract provided.

Grounded: How Doj Merger Analysis Left Consumers Stranded, Deja Graham, Christine P. Bartholomew

Villanova Law Review (1956 - )

No abstract provided.

Agents, Inc., Kevin Werbach

Villanova Law Review (1956 - )

No abstract provided.

Highway Robbery: The Eleventh Circuit Correctly Finds Fbar Willful-Violation Penalties Subject To The Eighth Amendment In United States V. Schwarzbaum, Claire Borland

Villanova Law Review (1956 - )

No abstract provided.

Ending Randomized Outcomes: Using Consumer Protection Laws To Regulate Video Game Loot Boxes And Monetization Practices That Target Children, Dennis Reilly

Villanova Law Review (1956 - )

No abstract provided.

Video Killed The Privacy Star: How The Sixth Circuit's Cabined Interpretation Of "Consumer" In Salazar V. Paramount Global Risks Gutting The Vppa's Privacy Protections, Nadine Fernando

Villanova Law Review (1956 - )

No abstract provided.

Reconstructing The Enforcement Of The Code Of Ethics For General Elections In Indonesia: A Prophetic Law Perspective, Fradhana Putra Disantara, Ratih Listyana Chandra, Aan Efendi, Iwan Rachmad Soetijono, Souad Ahmed Ezzerouali

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This research examines the reconstruction of ethical code enforcement for election organizers in Indonesia through the perspective of prophetic law, arguing that ethical adjudication should extend beyond procedural compliance by integrating humanization, liberation, and transcendence as normative foundations of substantive justice. Employing doctrinal legal research, the study uses statutory, conceptual, case, and comparative approaches. It compares Indonesia's regulatory framework with the ethical governance systems of India and the United States to identify institutional models that strengthen integrity while respecting distinct constitutional traditions. The findings demonstrate that ethical adjudication differs fundamentally from administrative law: it governs the forum internum of election …

More Than A Call: Why The Martha Wright-Reed Act Falls Short In Reforming Prison Communication, Carrington Wilkes

Georgia Criminal Law Review

In response to widespread criticism of exploitative prison communication costs, Congress enacted the Martha Wright-Reed Just and Reasonable Communications Act of 2022 (the “Act”). This legislation tasked the Federal Communications Commission (“FCC”) with establishing fair rates for phone and video calls made by inmates in jails, prisons, and immigration detention centers. While the Act marks a critical step in reducing financial burdens on incarcerated individuals and their families, it does not cover other widely used communication methods, such as electronic messaging, emails, and tablet-based platforms. These newer services remain largely unregulated, enabling private companies to impose excessive fees due to …

Manipulation Leading To Criminalization: The Need To Expand Georgia’S Survivors First Act, Taylor Hoying

Georgia Criminal Law Review

Nicole was seventeen when she met Juan, and they began a romantic relationship. “He was gorgeous and he had charm. I just wanted someone in my life to show me attention . . . .” He suggested that she start seeing other dates for money and sent her out onto the streets. Seven months later, when Nicole was raped by a john, Juan beat her, pepper-sprayed her, and put her in a cold shower for three and a half hours. If Nicole had been told to see another john the next day and was arrested for prostitution, would the arrest …

Sit, Stay, Overturn: How New Canine Science Is Challenging Courtroom Convictions, Kerolls Gadelrab

Georgia Criminal Law Review

Courts increasingly rely on cadaver dog evidence in criminal trials, treating canine alerts as a reliable form of forensic evidence. This naive acceptance of cadaver dog evidence, coupled with courts’ continued application of out-dated admissibility standards, threatens to perpetuate wrongful convictions in an era of rapidly advancing scientific understanding. This Article argues that courts must develop a new framework for evaluating cadaver dog evidence that incorporates modern scientific research on ca-nine olfaction and scent detection capabilities. While scholars have extensively analyzed various forensic evidence standards post-Daubert, the literature has largely over-looked how recent scientific advances in understanding ca-nine olfaction should …

Expert In The Box: Keeping The Lid On Unchallenged Testimony, Derek L. Busch

Georgia Criminal Law Review

A juror with specialized knowledge carries the potential to infringe upon the trial rights of the accused, provided to them by the Sixth Amendment and incorporated to the states through the Fourteenth Amendment. These rights include the right to an impartial jury and the right of confrontation, recognized since the founding of the first colonies. When a juror possesses relevant professional expertise or background information regarding evidence adduced at trial, there is a risk in how the juror will use this personal knowledge in deliberations. Particularly, there is a concern the juror will use their knowledge to add information, rather …

Officer-Created Jeopardy In Corrections: Rethinking Use-Of-Force Review After Barnes V. Felix, Dr. Hayden Smith

Georgia Criminal Law Review

Courts typically evaluate correctional uses of force by zooming in on the last seconds before impact, asking what an officer reasonably perceived at the “moment of threat.” That frame obscures a basic feature of jail and prison operations: officers’ pre-force tactical choices often create or sharply heighten the risks that force is later used to manage. Building on Barnes v. Felix’s rejection of a rigid moment-of-threat rule and the broader state-created-danger line, this Article argues that officer-created jeopardy should be treated as a central component of constitutional and institutional review in corrections. It shows how Barnes, read alongside DeShaney, Kingsley, …

Deepfakes, Deep Trouble: Navigating Legal Boundaries For Child Pornography Prosecution In The Age Of Ai, Alexandra Hoffman

Georgia Criminal Law Review

This Comment explores the evolving legal landscape of child pornography law as it pertains to “nudify” apps and other AI-generated content. It examines foundational cases in child pornography law that allowed child pornography materials to bypass First Amendment constraints, the “lascivious exhibition” standard, and recent precedents allowing courts to prosecute morphed images. This Comment analyzes the viability of prosecuting “nudify” images, arguing that a holistic approach focusing on the child’s overall harm is the best analytical framework rather than one that solely focuses on the sexual nature of the image. In doing so, it emphasizes that the identifiability of the …

History And Tradition Is Not Originalism — Nor A Good Idea, Kermit Roosevelt Iii, Sarah Choudhary

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Board Of Editors - Vol. 50, No. 3 2026

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The First Amendment Does Too Much To Protect Child Predators: An Examination Of Child Erotica Under First Amendment Jurisprudence, Michael Fuccile

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Modernizing And Clarifying Family Laws: The New Jersey Law Revision Commission’S Examination Of Self-Representation, Domestic Violence, And Parental Rights, Barbara B. Rivera, Whitney G. Schlimbach, Candy Ley Velazquez, Kyle M. Ryan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Recreational Cannabis In The Workplace: The Importance Of Implementing Clear Standards For Employers To Determine Whether Employees Are Impaired At Work, Jessica Shinski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.