Constitutional Theory At A Catholic University, J. Joel Alicea

Scholarly Articles

No abstract provided.

In The Beginning There Was Positive Law: Section 25, Calder V. Bull, And Constitutional Continuity, Kevin C. Walsh

Scholarly Articles

From the beginning of its operation as fundamental law for the government of the United States, the Constitution has continually operated as supreme and judicially enforceable positive law. This is the principal claim I offer as an “original-law originalist” in response to contrary claims advanced by Professor Jonathan Gienapp in Against Constitutional Originalism: A Historical Critique. Gienapp argues in Against Constitutional Originalism that “[h]istoricizing the original Constitution . . . poses a foundational challenge to originalism as it has long been conceived.”2 Constitutional originalism depends on perceived continuity with the past. But the perception of constitutional continuity turns out to …

Vested Rights And The Presumption Of Lawful Use, Adam J. Macleod

Scholarly Articles

Presumptions matter in cases and controversies about private rights. A party who bears the burden of proof or persuasion and who cannot meet that burden will lose. But private law presumptions are not as well under-stood as the presumption of innocence in criminal prosecutions. This article explains a number of presumptions governing property, especially land use, by reference to the concept of vested private rights. A person may enjoy the presumption that his use of property is lawful when he has a right to make the use prior to a legal challenge or change in the law, and his right …

Bracing The Wobbly “Three-Legged Stool” By Increasing Homeownership Opportunities For Low- And Middle-Income Workers, Regina T. Jefferson

Scholarly Articles

Traditionally, the primary sources of retirement income were personal savings, the private retirement system, and Social Security. These three sources have been described metaphorically as the “three-legged stool” of retirement security. In this framework, each leg was viewed as a separate and distinct source of income that provided support throughout a worker’s retirement. Each source presented different and varying degrees of risks that were pooled collectively among the individual, the employer, and the government. Each source also functioned independently of the other two. Thus, the traditional framework of retirement income was thought to be ideal because it balanced and diversified …

The Genius Dilemma: Innovation Versus Antifraud In Stablecoin Regulation, Seth C. Oranburg

Scholarly Articles

The 2022 TerraUSD collapse, erasing $50 billion and exposing unregulated stablecoin risks in a $260 billion market, led Congress to enact the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 (GENIUS Act). This statute exempts compliant payment stablecoins from the Securities Act's "security" definition, enforces strict reserve requirements, and creates a tailored private right of action-shifting authority from ex post Rule lob-5 litigation to ex ante prudential oversight while maintaining market discipline via calibrated remedies.

As the first doctrinal analysis of this landmark legislation, this Article contends GENIUS resolves regulatory fragmentation, optimizes risk allocation under uncertainty, and …

Screaming Into The System: The Symbiotic Relationship Between Flannery O'Connor, Violence, And The Criminal Law, Mary Graw

Scholarly Articles

This article argues that criminal violence and the criminal law not only influenced O’Connor’s writing in very specific ways, but that O’Connor’s focus on the marginalized can influence today’s attorneys. The piece explores this symbiotic relationship. Part One discusses O’Connor’s general understanding of her mission as a writer and the utility of violence as a device to advance that vocational mission. Part Two explores the sources of violence generally in O’Connor’s world. Part Three more specifically analyzes how O’Connor utilized actual crimes, and crime in general, to develop her stories. Part Four builds upon that observation to examine how the …

Critical Analysis Of Legal Education: Faculty Perspectives Of Law School's Role In Producing Practice-Ready Graduates, Sophia M. Akel

Graduate Studies Theses and Dissertations 2026

Legal education has long been the subject of harsh, widespread criticism due to concerns about its ability to adequately prepare students for legal practice. Newer attorneys have reported feeling incapable of performing even the most basic functions of their job after graduation from law school (Merritt & Cornett, 2020). Despite this troubling reality, law schools largely continue to function as they always have (Cramton, 1981). To gain insight directly from important figures in legal academia, this study examined law faculty perceptions on legal education’s role in producing practice-ready graduates. A mixed-methods survey design incorporating both quantitative descriptive and qualitative elements …

The Intersection Of Abuse, Child Welfare, And The Law For Intimate Partner Violence Survivors: Gender Violence As An Antagonistic Social Force, Julio Montanez

Graduate Studies Theses and Dissertations 2026

Intimate partner violence (IPV)—as gender violence—pits children’s civil rights and women’s civil liberties against each other. To explore this phenomenon, the current work features five (5) studies that aim to understand the systemic consequences of IPV and child maltreatment for victims and survivors of both types of abuse.

• Study 1 is a qualitative-deductive study featuring a directed content analysis of news media pertaining to a trial court case on lethal child maltreatment and IPV.
• Study 2 is a qualitative-inductive study featuring a feminist critical discourse analysis of trial court data on lethal child maltreatment and IPV.
• Study 3 is a …

Governing The Digital Commons, Madelyn Rose Sanfilippo, Brett Frischmann, Michael J. Madison, Katherine J. Strandburg

Faculty Publications

The digital commons, as the coproduction of data, digital cultural products, and community, raise a variety of governance issues. From questions of participation, including voice mechanisms, to the legitimacy of decision-making or ownership, to specific action arenas, governance is complex and dynamic, reflecting the characteristics of the networks in which these commons are situated. This mini-track explores governance challenges and solutions across an array of case studies to highlight governance failures and solutions, many of which focus on reconciling the intersections of different action arenas and aligning policies with contextual norms.

Challenging Agency Deregulation, Todd S. Aagaard

Faculty Publications

The administrative state is experiencing two seismic shifts. First, in recent years, the Supreme Court has issued a series of decisions that significantly curtailed the powers of administrative agencies. Second, President Donald Trump is using administrative agencies to aggressively deregulate in his second term. The conventional wisdom is that the Supreme Court’s recent precedent will facilitate the Trump Administration’s deregulatory agenda.

This Article argues the opposite. Instead of promoting agency deregulation, recent Supreme Court precedent restraining agency authority provides a potentially powerful basis for challenging agency deregulation as administrative overreach. Time and time again, the Court has taken agencies to …

Annual Report: Fy 2026 Quality Of Kerosene And Motor Fuel In Tennessee, Tennessee. Department Of Agriculture

Annual Reports on Kerosene & Motor Fuel Quality

The annual report provides data on the effectiveness of the 1989 Kerosene and Motor Fuels Quality Inspection Act, consumer complaints, inspection data, and summary of enforcement.

Strict Scrutiny And The Viewpoint Continuum, A.G. Harmon

Scholarly Articles

Consider the following instances: A cell phone photograph picturing a man's left kneecap. A statement that the speaker thinks, "The name Josiah is really cool." A woman who runs her bicycle over a business owner in order to gain celebrity and increase attention for her new podcast. An intentional lie told to acquire a job. A student who insists on answering his math exam questions in runic symbols.

At one point or another, American courts have considered the merits found in favor of instances similar to these and other like circumstances as amounting to "viewpoints." As such, they …

The Constitution Of Conversations: The Enduring Legacy Of Sandra Day O'Connor, Derek A. Webb

Scholarly Articles

Soon after Justice O'Connor's passing in December 2023, commentators and court watchers across the ideological spectrum questioned whether anything in the legacy of the first woman to serve on the Supreme Court— once called “the most powerful woman in Washington, D.C.”—remained intact.

Drawing upon speeches and interviews she gave over her entire forty-year public career, I argue that O’Connor’s deepest and most enduring contribution was a subtle, compelling, interconnected, and yet today largely countercultural vision of the Constitution as a site of multiple conversations, a “Constitution of Conversations,” that took place variously within institutions, across institutions, and across time. More …

Conditional Admission And The Hazards Of Lawyer Assistance Programs Operating Without Transparency Or Oversight, Paula Schaefer

Oklahoma Law Review

No abstract provided.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

Preempted Or Permitted? State Immigration Enforcement, Federal Preemption, And The Future Of Immigration Policy, Aryn Kerr

Oklahoma Law Review

No abstract provided.

Oklahoma’S Bible Policy: The Evolving Establishment Clause From Lemon To Kennedy, Carson Douglas Shaw

Oklahoma Law Review

No abstract provided.

From Chevron To Chaos: How Loper Is Redefining The Future Of Health Privacy, Skylar Johnson

Oklahoma Law Review

No abstract provided.

Breaking Free – The Legality Of The Ftc’S Fight Against Non-Competes, M. Akram Faizer

Oklahoma Law Review

No abstract provided.

The Best Of Both Worlds: How Artificial Intelligence Can Balance Precision And Flexibility In Article 9 Search Logic, Lindsay Martin Mayes

Oklahoma Law Review

No abstract provided.

Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham

Oklahoma Law Review

No abstract provided.

Abortion And State Taxes: Unexpected Parallelism, Eric Smith

Oklahoma Law Review

No abstract provided.

Gratuitous Federalism In Gratuities Enforcement: Section 666 And Plugging The Snyder Gap, Justin New

Oklahoma Law Review

No abstract provided.

Indefensibly Erroneous Scholarship, Michael L. Smith

Oklahoma Law Review

No abstract provided.

Beyond Repeal Of Flsa Section 14(C): A Policy Path To Competitive Integrated Employment, Natalie Spear

Oklahoma Law Review

No abstract provided.

Marijuana, Marinol, And Chapter 11: The Federal Roadblock To Bankruptcy Protection, Grace Griggs

Oklahoma Law Review

No abstract provided.

The Un-Bridged Pipeline: Leading And Preparing Women Of Color To Senior-Level Higher Education Administration, Jacqueline D. Slater

UNF Graduate Theses and Dissertations

Despite increased educational attainment among Black women, representation in senior‑level leadership positions within higher education remains limited. This qualitative study examines the experiences of Black women who serve or have served in senior‑level academic administrative roles and explores how those experiences inform guidance, preparation, and decision‑making for future Black women leaders. The study focuses on practical barriers, workplace realities, and strategies that shape leadership entry, advancement, and retention.

Using a descriptive case study design, five Black women with professional experience as presidents, provosts, vice provosts, and academic deans participated in semi‑structured interviews lasting 45 to 75 minutes. Purposeful sampling ensured …

The Constitutional Significance Of The First American Pope: The Promise Of Listening In An Era Of Mutual Suspicion, Derek A. Webb

Scholarly Articles

Pope Leo XIV has focused a good deal of writing and speaking in the first year of his pontificate on the theme of listening, dialogue, and bridgebuilding. For Leo, listening, dialogue, and creating harmony across diverse perspectives where possible are at the heart of the Christian life. But his reflections on these themes, while rooted in theology, are aimed at a wider audience, going well beyond the church community, and addressing philosophical issues of universal human concern. Indeed, the first American pope happens to be highlighting certain ideals regarding dialogue that, while perhaps forgotten today, are central to the American …

Conspiracy Paradigms: Response To Conspiracy, Really?, Laurent Sacharoff

Hofstra Law Faculty Scholarship

Federal law codifies more than one hundred conspiracy statutes. When we critique and seek to fix conspiracy law, we must therefore first identify which type or paradigm of conspiracy we are addressing. Andrew Ingram’s excellent article tackles the application of conspiracy to street crime, and his proposed solution requiring proof of substantial planning and organization makes sense in that realm. But the same proposal may create more, rather than less, injustice when applied to other paradigms, such as the use of conspiracy law to punish social movements and protests.

The Shareholder Democracy Lie, Sergio Alberto Gramitto Ricci, Daniel J.H. Greenwood, Christina M. Sautter

Hofstra Law Faculty Scholarship

This Article critically examines the fallacious nature of “shareholder democracy” rhetoric and its implications for corporate governance, political democracy, and societal wellbeing. While corporations and activists frequently invoke shareholder democracy to advance their agendas, this concept fundamentally misrepresents the reality of corporate governance and share ownership in America. We systematically debunk the shareholder democracy myth by analyzing historical developments in shareholding, examining barriers to share ownership, and investigating the current state of corporate voting.

The term shareholder democracy first gained popularity in the 1920s, when Wall Street firms and the NYSE used it to attract retail investors while simultaneously helping …