Law Commons^™

How U.S. Legal Stagnation Can Be Aided By Decolonization, Marquel Gardner

McNair Summer Research Program

Decolonization is a term often used to present a simple shift from colonial thinking, heavily maintaining the establishment of colonial systems today. However, this usage oversimplifies and overshadows the word’s key purpose. Common proclamations of the term forgo the fundamental indigenous essence behind the word. Doing so, we not only strip the word of its inherent power, but obstruct further possibilities for actual decolonization to appear in our world. Many argue that the U.S. legal system, a product of colonial factors, has reached an alarming state. Our current legal, political atmosphere gears not towards justice or morality, but fascism and …

Law Enforcement In Providing Protection For Revenge Porn Victims On Social Media, Augustha Kwanzaa Rich Samuel Simbolon, Muhammad Rivan Subarna

Jurnal Vokasi Indonesia

Revenge porn, which is the distribution of pornographic material without the victim's consent, is a serious and growing problem online. This practice is usually carried out by ex-partners in revenge, by distributing intimate images or videos of the victim to the internet. This research aims to identify the impact of revenge porn on victims, as well as assess the effectiveness of existing legal protection. The method used is a qualitative approach through literature study. The data collected includes revenge porn cases that occurred in Indonesia, as well as a review of regulations governing the protection of privacy and victims' rights. …

Corruption In The Service Of The Common Good: The Legitimation Of Traditional Practitioners In Cameroon, Victorine Oyane Ossah

Journal of Law and Public Policy

This article shows how health law and public policy, in seeking to regulate traditional medicine, without fully recognising it, paradoxically end up producing the very social conditions for the corruption that they are supposed to combat. The aim is to identify, based on the experience of traditional healers, the various factors that contribute to establishing corruption not as a moral choice, but as a pragmatic strategy for preserving their knowledge, resources, and place in the healthcare system. The analysis presented is based on a qualitative survey of 30 traditional medicine practitioners in Yaoundé and Douala between 2021 and 2026, in …

Judges, Speaking Of Death: Criminal Sentencing As A Socio-Cultural Practice In India’S Trial Courts, Ashna Devaprasad

Socio-Legal Review

What role does language play in legitimising the exercise of judicial discretion during sentencing? And what can a judge’s linguistic choices tell us about the wider sentencing culture of a criminal justice system? Sentencing outcomes have long attracted considerable attention in criminal law scholarship, but the process of sentencing – the logics judges use, the narratives they construct, and the audiences they seek to persuade – has received much less empirical scrutiny. Building on ideas from “law and culture” and organisational sociology literature, this Article proposes studying sentencing as a “socio-cultural” practice; one that qualitatively examines the judicial function of …

Judicial Differentiation Between Codification And Statutory Law: An Applied Study, Asst.Prof. Rajab Abdul Hassan Rajab

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

Given the significance of judicial separation in regulating social life and preventing the abuse of rights under the pretext of guardianship (qiwāma), as well as the resulting infringement upon women’s rights, this study was undertaken. It further aims to demonstrate the justice, precision, and structural depth of Islamic law in legal regulation.

This research examines the position of the Ja‘fari Code of Shar‘i Rulings and its evidentiary basis concerning judicial separation between spouses. It also compares this position with that of the Iraqi Personal Status Law No. (188) of 1959, in order to determine which framework is more aligned with …

"Unmuted America": Oer Assignment And Syllabi For Law/Pol 313 Racial Politics, Camara Silver

Open Educational Resources

Professor Camara Silver created an open syllabus for LAW/POL 313 Racial Politics that includes Unmuted America: Power at Full Volume, a modular political science assignment series. The syllabus and assignment were created as part of an OER course conversion initiative during Spring 2026. The series asks students to examine how power is organized, narrated, defended, and challenged in American public life. Each version uses a two-part structure: “Volume Up,” in which students examine the historical roots, institutional foundations, and present-day structure of a major political issue, and “Volume Down,” in which students analyze a specific case study, source base, …

The Problematic Of The State And Law In Morocco: A Historical And Social Approach To The State Phenomenon, Khalid Naciri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article offers a historical and social analysis of the state and law in Morocco. It approaches the state phenomenon through theoretical debates on the emergence of the state, the relationship between economy and political autonomy, and the historical formation of state power. The article then applies these questions to Morocco, examining the links between nation, state, capitalism, ideology, and legal structures. It presents the problem of law as inseparable from social history and the development of state authority.

Introduction To The Northern Illinois University Law Review 2026 Symposium, Ashley Larsen

Northern Illinois University Law Review

In the fifty years since the advent of Agricultural Law as a field, there has been a cascade of changes and new laws that impact the everyday farmer. In 2025 alone, the National Agricultural Law Center noted ten hot button issues impacting laws and policies surrounding agriculture. Issues mentioned span from changes in pesticide regulations to alleged anticompetitive conduct in the beef sector. Recent discussions in Agricultural Law heavily concern the development of technology, including the ever more complex software in farm equipment,  and the growth of artificial intelligence. As technology continues to advance, these conversations will only grow more …

Aligning Quality Assurance For Agricultural Carbon Credits With Farm Bill Conservation, Andrew Hockenberry, A. Bryan Endres, Jonathan Coppess

Northern Illinois University Law Review

The growing number of corporate net-zero pledges and promises to reduce emissions, spurred by pressure from consumers, shareholders, and employees, is leading to the emergence of voluntary carbon markets—carbon markets independent of government mandated emission reductions or regulatory structure. Because agricultural soil can provide a carbon sink, depending on management practices and soil type, many agricultural producers and landowners are poised to generate carbon credits and supplement farm income by selling those credits to corporations seeking to offset emissions. However, carbon crediting programs qualify credits through assurances that the credits are additional to a business-as-usual scenario, remain permanent, and avoid …

U.S. Regulation And Litigation Regarding Gmos: A Cautionary Tale Of A Piecemeal Framework, Michael R. Reese, George V. Granade

Northern Illinois University Law Review

Bioengineered crops using genetically modified organisms (GMOs or GM) are big business in the United States. In little more than two decades, GM agriculture constitutes more than 90% of crops such as corn, soy, and canola. The acceptance of GMO foods by consumers, however, has not been as robust—leading to demand for labeling regulations so consumers can identify whether their foods contain GMOs. U.S. law governing GMOs, particularly food labeling, lacks a comprehensive regulatory scheme and is instead highly fragmented. The Food and Drug Administration (FDA) has debated how to label such foods for over a decade, issuing no rules …

Nothing Runs Like A Deere, Except When Deere Doesn’T Run: Why Illinois Should Enact Right-To-Repair Legislation For Its Farmers, John Aird

Northern Illinois University Law Review

Since 1971, John Deere has been using the popular slogan “Nothing Runs Like a Deere,” symbolizing the strength and self-reliance long associated with American farming. Yet as modern agricultural equipment has become more computerized and complex, manufacturers such as John Deere have restricted farmers’ ability to independently repair the equipment they own, through the use of unattainable software, licensing agreements, digital locks, and warranty limitations. The modern right-to-repair movement challenges this shift. At its core, the movement asserts that ownership should include the ability to repair the product that a consumer owns. This article argues that Illinois should enact a …

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Vanderbilt Journal of Entertainment & Technology Law

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Addressing The Stale Line Of Sports-Betting Behavior: Examining The Economic Shortfalls And Tax Solutions In Legalizing Sports Betting, Peyton Rameas

Vanderbilt Journal of Entertainment & Technology Law

Sports betting is a form of gambling that does not suffer from the same negative social stigma as casino gambling despite its equally addictive properties and damaging impact on household consumption. While sports betting was previously banned in most of the United States, following the Murphy v. National Collegiate Athletic Association decision, which empowered states to regulate sports betting within their borders, a wave of states that previously banned all forms of sports betting legalized the practice. Unsurprisingly, this rapid legalization of sports betting was accompanied by a flurry of statewide regulations, leading to disparate consumer protection across the states. …

Limiting Inconsistencies In Legal Languages, Sarah B. Lawsky - Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

Inconsistencies play different roles in law and in logic, respectively, and programming languages designed to code law should therefore, when possible, be designed to prevent the encoding of inconsistencies. While inconsistencies in standard logic “explode” the argument, allowing anything at all to be proven, apparent inconsistencies in law simply indicate that further guidance is needed. Programming languages should be limited not because such inconsistencies do not exist in the statute, but rather exactly because they do. Inconsistencies in the law should, as they are now, be addressed by Congress, the courts, and administrative agencies, and any computer code implementing the …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

Red, Blue, And Bordered: Factors Influencing Immigration Attitudes, Estefania Morales Vilchis

Political Science Student Papers and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

No Child Left To Heal Alone: Rethinking Restitution For Child Victims Of Sexual Abuse, Jessica Valiani

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the long-term psychological, emotional, and financial harms suffered by child victims of sexual abuse and argues that existing restitution statutes in the United States fail to provide meaningful, sustained support for survivors. Drawing on developmental psychology research, criminal restitution frameworks, and comparative state statutes, the paper demonstrates how current laws often limit recovery to narrow categories of offenses or leave compensation largely discretionary. The paper further analyzes Kentucky’s “Melanie’s Law” as a model for imposing ongoing offender-funded obligations and proposes a new child-centered restitution statute requiring convicted offenders to fund therapy and treatment for survivors of child …

The United States Still Says “I Do” To Marital Rape: An Examination Of Modern Marital Rape Exemptions, Jaiden Herald

Advanced Issues in Criminal Law: Sex Offenses

This paper examines the persistence of marital rape exemptions in the United States despite the formal criminalization of spousal rape in all fifty states. Through historical analysis and statutory comparison, the paper traces the origins of marital rape exemptions to common law doctrines rooted in implied consent, coverture, and the treatment of women as property. It further analyzes modern exemptions that continue to shield perpetrators through loopholes involving cohabitation, incapacity, reporting requirements, or reduced penalties. By highlighting statutes from states such as South Carolina, Arkansas, and Iowa, the paper demonstrates how marital status continues to undermine equal protection for victims …

Gun Rights And Public Safety: A Constitutional Tension, Kirsten Zonkowski

NSU Undergraduate Law Journal

This paper examines the constitutional tension between gun regulation and the right to bear arms in the United States. By analyzing landmark Supreme Court cases and major legislative developments, tracing the historical foundations of the Second Amendment, exploring judicial interpretations, and identifying ongoing doctrinal challenges, it highlights  the central constitutional conflict: the Second Amendment guarantees an individual right to keep and bear arms, yet that right often clashes with the government’s responsibility to protect citizens and maintain public safety. Courts and legislatures continue to struggle to define the limits of governmental authority without infringing upon fundamental constitutional rights, revealing an …

The Prosecution Of Nicolás Maduro, Jose Manuel Vanegas

NSU Undergraduate Law Journal

This paper examines the complex legal and political issues that came from the capture of Nicolás Maduro by United States authorities, an event that has generated controversy in both domestic and international legal debate. It begins by providing the necessary background of Maduro’s rise to power, his role as president, and the broader political and economic conditions of Venezuela under his administration. The paper then analyzes the criminal charges brought against him in U.S. federal court, including allegations of narco-terrorism, conspiracy to import cocaine, and related offenses tied to alleged collaborations with transnational criminal organizations. Building on this foundation, the …

Property And Social Justice In Thomas Paine’S Agrarian Justice: Revaluating Modern American Property Law, Amanda Infante

NSU Undergraduate Law Journal

This paper critically examines the philosophical core of property law through the lens of Thomas Paine’s Agrarian Justice. Paine challenges the conception of property as a natural right, instead theorizing land ownership as a social construct contingent on communal needs and obligations. This framework is situated as an intellectual precursor to contemporary legal debates regarding the legitimacy and moral limits of private property. The analysis engages with pivotal Supreme Court decisions, including Village of Euclid v. Ambler Realty Co., Penn Central Transportation Co. v. New York City, and Lucas v. South Carolina Coastal Council, to set …

Current Atmosphere Of Artificial Intelligence Liability: Implications And Best Practices For Legal Professionals And Ai Providers, Alyssa Heinze

NSU Undergraduate Law Journal

The rapid integration of artificial intelligence into the legal profession has transformed legal research, drafting, and decision-making, while simultaneously introducing novel ethical, regulatory, and liability risks. As attorneys increasingly rely on generative AI systems, concerns surrounding hallucinations, bias, confidentiality breaches, and deceptive outputs have led to heightened scrutiny for both legal professionals and AI developers. This paper examines the current and emerging landscape of artificial intelligence liability in the United States. It gives particular attention to the absence of a comprehensive federal regulatory framework, the constitutional controversy surrounding Executive Order 14179, and its preemption of state AI legislation.

By analyzing …

The Current Legal Landscape Of The War On Terror; An Analysis Of The 2001 Authorization For Use Of Military Force And Its Constitutionality, Scope And Applicability, Avalyn Crosson

NSU Undergraduate Law Journal

This paper will examine the 2001 Authorization for Use of Military Force [hereby known as “The Authorization”] passed by Congress in the wake of September 11, 2001. For the past two decades, the applicability and legality of its application have been called into question by both Congress and the public. While controversial, The Authorization continues to be the central legal authority for counterterrorism operations against Al-Qaeda and affiliated forces. Signed into law by President George W. Bush, The Authorization mirrors the urgency of defending against further terrorist attacks and the demand by the American public to bring those responsible to …

The Manifestation Of George Orwell’S 1984 In The Legal Profession’S Use Of Ai, Alexa Cedras

NSU Undergraduate Law Journal

George Orwell’s 1984 tells the chilling story of an oppressive regime that uses information control and manipulation to further its political agenda. Within the realm of 1984, the Party, the head of the regime, weaponizes instruments, such as a telescreen, to subject citizens to ongoing surveillance with the promise that any suspicious activity will be punished. In furtherance of that agenda, the Party controls every existing narrative of the past, present, and future, using their authoritarian position to alter primary and secondary sources for their benefit. Lastly, by creating a new language to serve as a linguistic constraint, the Party …

“Supreme Court, Tear Down This Wall!”: Kennedy V. Bremerton School District And The Erosion Of The Barrier Between Church And State, Ari Allon

NSU Undergraduate Law Journal

This Article conducts a critical examination of Kennedy v. Bremerton’s ruling, which replaced the Lemon test with the historical practices and understandings test. Following a brief background on the Religion Clauses’ jurisprudence, the author contests that the historical practices and understandings test fails to adhere to long-held Supreme Court reasoning behind the creation of the Religion Clauses. This new test is likewise an insufficient framework for determining Establishment Clause violations.

The Article continues with an analysis on the conflicting fact patterns between the majority and dissenting opinions of Kennedy v. Bremerton. The author then discusses the precedential impact …

Blue, Red, And Bordered, Estefania Morales Vilchis

Student Scholar Symposium Abstracts and Posters

The paper will explore the various social and individual variables that will impact how people perceive immigration as either beneficial to society or a societal threat. Some of the primary variables that will be examined in detail are one’s political affiliation, age, and geographical location; this will address the profound "why" behind our current beliefs on newcomers. The study will particularly address the "Contact Hypothesis" versus "Group Threat Theory" through the lens of how one's personal experiences with immigrants, or lack of, will shape public opinion. The study will focus on the rising psychological issue of "demographic anxiety", specifically, fears …

Void, Voidable, And The Limits Of Finality: Reconciling Equity And Public Policy In Illinois Child Support Orders, Julie M. Pirtle

Northern Illinois University Law Review

What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to …

The Bankruptcy Code's Missing Link: How The Undefined "Executory Contract" Quandary Is Leaving Land Sales And Bankruptcy Courts In Limbo, Abby Ponder

Northern Illinois University Law Review

Arguably the most convoluted concept lurking within bankruptcy law is that of the "executory contract" which may be found within section 365 of the bankruptcy code. Since its inception in 1978, this section has been dubbed one of the most "psychedelic" areas of American jurisprudence. The phantasmagoric nature of this section largely derives from Congress declining to provide a definition within the Code for executory contracts. Already rife with confusion and contradiction, the missing definition of executory contract, which comes under section 365, represents a significant "missing link" of understanding for bankruptcy courts in ruling on land sale contracts. Bankruptcy …

The Establishment Clause And The Ten Commandments Post-Lemon, Richard Kato

Northern Illinois University Law Review

Louisiana recently passed a law requiring that a display of the Ten Commandments be placed in all public school classrooms in the state. The law is currently facing an Establishment Clause challenge in the Fifth Circuit. This Comment argues that Louisiana’s Ten Commandments law does not violate the original public meaning of the Establishment Clause. The history of the Establishment Clause suggests that noncoercive support of religion was widely accepted before and up through the time of the First Amendment’s enactment. Following Kennedy v. Bremerton School District’s abandonment of the Lemon v. Kurtzman test, the Ten Commandments law must …