Law Commons^™

From Classroom To Courtroom: Understanding Real Pathways Into Legal Careers, Timothy S. Troxel

Theses/Capstones/Creative Projects

This study examines how legal professionals describe their preparation for legal and law-adjacent careers, with the goal of identifying practical guidance for college students entering the field. Existing literature on legal career preparation often emphasizes measurable qualifications, while offering broad or generalized advice. At the same time, research on career development highlights the importance of experiential learning and mentorship, suggesting a gap between formal guidance and lived experience. To explore this gap, this study conducted interviews with ten legal professionals across a range of roles and experience levels. Participants were asked about their backgrounds, career paths, skill development, and other …

The Supreme Court, Regime Politics, And Federalism: From The New Deal To The Trump Era, J. Mitchell Pickerill, Lilly A. Pickerill

Northern Illinois University Law Review

In the 1990s, the conservative majority on the Rehnquist Court championed state sovereignty and autonomy in a series of cases some commentators dubbed a “federalism revolution.” The Supreme Court crafted constitutional doctrines under the Commerce Clause, Tenth and Eleventh Amendments, and Section Five of the Fourteenth Amendment that limited federal powers while protecting or bolstering state powers. The Court’s doctrines in those cases diverged from its approach to constitutional federalism since the New Deal in the 1930s, but it tracked with the conservative Republican political agenda promoting a “new federalism” going back to Presidents Nixon and Reagan. However, as the …

A Thumb On The Scales: How The Court Creates Presumptions To Change The Law, John Leubsdorf

Northern Illinois University Law Review

In four major recent decisions, the Supreme Court deployed the same technique: it created a presumption in favor of the result it preferred and then concluded that the losing party could not rebut that presumption. This invocation of presumptions enabled the majority to reach the result it preferred, while maintaining the appearance of balance and leaving open the possibility of different rulings in future cases. The asserted grounds for erecting the Court’s presumptions-notably history and governmental structure-likewise combined the appearance of objectivity with the reality of choice. Judicial presumptions are not new, but the current Court deploys them on a …

From Taboo To Treatment: A Trip Through A State-Based Roadmap To Psychedelic Rescheduling, Logan P. Doughty

Northern Illinois University Law Review

Psychedelics, a class of psychoactive substances that profoundly alter perception, mood, and cognition, show significant promise as a treatment option for mental health conditions such as depression, anxiety, and post-traumatic stress disorder. However, under the current regulatory framework of the Controlled Substances Act, these substances remain classified as Schedule I, the most restrictive category of federal control. This classification has made research and clinical access nearly impossible, largely due to the Drug Enforcement Administration’s insistence on randomized control trial evidence to satisfy the evidentiary standard of “currently accepted medical use” (CAMU). This evidentiary burden reflects more than a veneer of …

Are They Really Safe? The Impact Of The Safe-T Act On Victims Of Crimes, Brianna Reed

Northern Illinois Law Review Supplement

Within the past few years, Illinois has gone through a bail reform that has changed how a defendant’s pretrial custody status is determined. This reform has negatively impacted victims, resulting in more safety risks, judicial interpretation, and a decrease in resources. These issues are emerging as practitioners work with victims constantly and information becomes more available to the public. This Article, based in part on interviews with attorneys and victims’ services advocates, proposes remedies that legislators and counties can adopt to help balance the rights of defendants and victims. Some of these remedies include modifying the legislation, adopting different procedures, …

Policing Post-Overdose: Multidisciplinary Teams Are Key To Addressing Illinois’S Opioid Crisis, Natalie B. Thirtle

Northern Illinois Law Review Supplement

The opioid epidemic remains one of Illinois’s most pressing public health and safety crises, with thousands of overdoses reported annually. Illinois’s current State Overdose Action Plan (SOAP) relies on law enforcement to administer naloxone and refer people who use drugs (PWUD) to treatment. Yet, there is research that indicates Illinois police are opposed to these responsibilities due to personal bias, workplace culture, and a lack of training in the science of drug addiction. Some advocates call for decriminalization of drug use, pointing to models in Portugal, Oregon, and California. However, these approaches have struggled in the United States due to …

Mischaracterizing Officer Self-Defense Doctrine In Use Of Force Cases Will Have Catastrophic Effects On Fourth Amendment Analysis, Caleb Sook Yoon

Northern Illinois Law Review Supplement

As raised in Barnes v. Felix, the moment of threat doctrine was coined by the Fifth Circuit’s majority and concurring opinions written by Judge Higginbotham as being a test that only looks to the preceding moments that led to officers’ use of deadly force. This is a mischaracterization of the officer self-defense doctrine under the “totality of the circumstances” test established by Graham v. Connor when evaluating police use of force. Unfortunately, this mischaracterization has been reinforced by SCOTUS during oral arguments and through SCOTUS’s ruling. As the Supreme Court has remanded the case back to the district courts, this …

Lay Perceptions Of Alternative Dispute Resolution In Civil Legal Disputes, Ashley Gale Vaughan

Open Access Theses & Dissertations

This thesis examined how laypeople evaluate alternative dispute resolution (ADR) procedures in civil legal disputes, focusing on outcome favorability, procedural format, and procedural choice. Drawing on procedural justice theory, two vignette-based studies tested whether mediation would be evaluated more favorably than arbitration and whether allowing participants to choose the ADR process would improve satisfaction and perceptions of procedural justice. Study 1 used a 2 x 2 between-subjects design with undergraduate participants (N = 140) and manipulated ADR process (mediation vs. arbitration) and outcome (favorable vs. unfavorable). Study 2 extended this design by adding a choice condition in a community adult …

A Harmonious Legal System: True Justice Through Modernized Platonic Marxism, Cian R. Batarla

Departmental Honors & Graduate Capstone Projects

The Marxist theory of the law is underdeveloped compared to the rest of Marx and Engels works. This can be chalked up to legal systems merely being part of the superstructure, by which the ruling class use to maintain power. In this essay I push back on this notion that the rule of law can be dismissed, arguing that if Marx's true community is to be as such then the addition of a just legal system is not an issue. However, Marx's true community on its own is not enough to satisfy the inclusion of a legal system. Thus necessitating …

Views, Knowledge, And Implications Of Abortion Law In Texas Obgyn Residencies, Jessica Harper, Sharon Barazani, Kate Mowry, Melissa Mendez

Central & West Texas and San Antonio GME Research Day 2026

No abstract provided.

Mister President & May It Please The Executive: Causal Barriers To Court-Packing, Mason Smith

Seaver College Research And Scholarly Achievement Symposium

As attacks on democracy have become increasingly ubiquitous, scholarship has begun to shed light on a common, effective, and inimical means of subverting governments accountable to the masses: court-packing. So, how can democracies prevent court-packing? Among many implicit causal theories taken from the extant research, which hasn’t directly tackled this problem, two seem the most plausible and ripe for analysis, suggesting that court-packing’s success turns on either the strength (i) of institutional constraints or (ii) of domestic judicial norms. To see which theory works better in practice, I use a narrowly tailored iteration of comparative process tracing, as it best …

Why A “Blog” For Law, Ethics & Public Policy?, Declan M. Hurley, Jack Manning

Notre Dame JLEPP: In Limine

Hurley and Manning explain why JLEPP needs a new short-form publication--JLEPP In Limine--for relevant scholarly commentary.

Why Democratic Backsliding Is Legal: Judicial Legitimacy And Institutional Decay In The United States, Sherlyn Ochoa

Posters - 2026

“In the United States, democratic backsliding is not a violation of the law—it is increasingly a product of it.” Democratic change often occurs through judicial interpretation Courts shape rights, participation, and equality Focus: how judicial legitimacy allows major democratic shifts—both expansion and restriction of rights

Behind The Suit: How Recovering A Biblical Worldview And Implementing Spiritual Formation Practices Can Improve The Mental Health Crisis In The Legal Profession, Makayla G. Johnson

Senior Honors Theses

A Biblical worldview is the foundation upon which the United States government and legal system is built, however in recent years the understanding of a Biblical Worldview has been in decline. This shift has had a profound impact on the legal field, causing a loss of purpose and meaning in the profession, which research asserts has in part caused many mental health issues found in the legal field. With this in mind, the following study will include information regarding the extent to which the implementation of spiritual formation practices, when practiced specifically by those in the legal profession, could impact …

Preempting Pre-Approval: Clarifying Preemption Doctrine For Product-Liability Suits Against Brand-Name Drug Manufacturers, Nicholas G. Wallenburg

Vanderbilt Law Review

One of the most important issues for product-liability lawsuits against drug manufacturers today is federal preemption. Plaintiffs injured by prescription drugs regularly turn to state tort law for a remedy. Defendants in these cases—often brand-name drug manufacturers—frequently invoke preemption doctrine to argue that the Food and Drug Administration’s (“FDA”) rigorous approval process for prescription drugs has displaced state causes of action. While the text of the Food, Drug, and Cosmetics Act does not clearly address this issue, the U.S. Supreme Court has relied on a so-called “impossibility” theory of preemption: When a drug manufacturer cannot comply with the duties imposed …

“You Can’T Post That!”: Constitutionality Of Non-Disparagement Orders Barring Divorced Parents’ Social Media Posts, Kaitlyn B. Hammond

Vanderbilt Law Review

When a marriage goes wrong, a court may use a non-disparagement order to prevent a party from speaking negatively about another in some way, either permanently or temporarily. Family courts often use non-disparagement orders to protect parties or their children from psychological harm during divorce or child-custody proceedings. In such cases, non-disparagement orders forbid parents from denigrating one another in front of their children and/or third parties. To protect the child, non-disparagement orders are often imposed upon both parents by the court. But courts do not always protect children and other parties from disparagement in this way. Although non-disparagement orders …

Exploring The Definition Of Child Poverty : For Consideration Of Legal Policy, Kazuko Ikeya, Fumie Adachi, Kazutoshi Imade

Japanese Society and Culture

We explore the definition of child poverty for consideration of legal policy.

Survey of the actual situation in local governments and private organizations concerning child poverty.

① Some parents don’t know how to prioritize their spending, and there are cases where parents don’t provide for their children.

② This cannot be addressed only with financial investment.

It is inappropriate to define child poverty only by low household income. It should also be

defined as whether children are being provided for through their development.

Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann

Faculty Publications

For people to effectively share an environment, they usually also must effectively share knowledge about that environment. While seemingly obvious and intuitive, this insight is often overlooked in literature about governing resources as commons. Focusing on the knowledge commons associated with an environmental commons helps to illuminate a host of complex governance dilemmas. This chapter examines the interrelationship between environmental and knowledge commons, weaving together different strands of commons research and practice. Examples discussed include shared pastures, forests, road systems, computer servers, social media platforms, living rooms, and antimicrobial effectiveness/resistance.

Turning Point: Usa, 2020 Election Denialism And Its Consequences, Zack George

University Honors Theses

Current President of the United States, Donald Trump interrupted the peaceful transfer for power for the first time in 250 years. In the typical study of the events surrounding this interruption, much focus is made on the events of the January 6th Capitol Riot. Firstly, this thesis examines the 2 months in the leadup to the 2020 election and how the Trump administration acquired and attempted to execute their plans to commit a self-coup, keeping the administration in power in the face of the election victory and transition to the Presidency of election-winner, Joe Biden. Secondarily, it will contextualize and …

The House Of Ai: Intellectual Property Law As It Relates To Generative Ai And Fashion, Abhilasha Praveen

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

Over the past decade, artificial intelligence has permeated nearly every aspect of society, yet American legislation in this field remains largely archaic. The absence of specific legislation governing generative AI in the United States has led to numerous intellectual property (IP) and copyright disputes, infringing on both creator’s rights and discouraging innovation. Given the rapid evolution of generative AI in society, comprehensive legislative action is necessary to establish clear guidelines balancing intellectual property rights with the need for innovation through technological advancement. While this issue spans multiple industries, this article focuses on fashion, examining how AI regulation can foster innovation …

Penal Protection For Women In Jordan: How Compatible Are International Agreements And Jordanian Legislation?, Hasan Altarawneh, Hamzeh Abu Issa

Journal of International Women's Studies

This article analyses the degree to which Jordanian penal legislation conforms to international human rights standards regarding the protection of women from violence, specifically the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the United Nations Bangkok Rules. Jordan has implemented legislative reforms targeting gender-based violence; however, these reforms are incomplete, disjointed, and frequently misaligned with international standards. This study employs a doctrinal methodology to analyse Articles 292–311 of the Jordanian Penal Code and associated procedural rules, assessing their substantive and procedural provisions in relation to international legal obligations. This analysis includes rulings from the …

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Law School News: Roger Williams University Marks Fred Korematsu Day With Reflection On Rights And Responsibility 02-02-2026, Kelly Brinza, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Use Laws Of Attraction: The Gravitational Pull Of A U.S. Space Court, Caleb Zachary Morris

Georgia Journal of International & Comparative Law

No Man’s Land Another crude mission into the darkness we’ve dreamed, our intuition scream, and with no one there to hear it the truth of our condition only ever harkens to the meanings and the means we rectify with words and spirits. Yes, the human mind cannot help but defy conventions, intentional or otherwise, necessity always inspiring invention. —Stan Vilensky

The Right To A Fair Trial In International Law And African Experiences, John Mukum Mbaku

Georgia Journal of International & Comparative Law

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, …

Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga

St. Thomas Law Review

Social media has become a double-edged sword in our current digital era, bringing both serious advantages and disadvantages to the forefront of domestic and international discussions. Social media has become a weapon in political, cultural, and even military conflicts due to the spread of unregulated content, despite it enabling people to interact, share information, and voice their opinions. Social media has facilitated the spread of hate speech, propaganda, and false information, which in turn distorts realities and shapes narratives and opinions. Social media's effect on both a domestic and global scale have been catastrophic, ranging from promoting violence to further …

Closing The Open Door: Curbing The Corporate Exploitation Of Tax Loopholes, Michael Fouladi

St. Thomas Law Review

Corporate America has long been the standard for business, serving as a beacon of hope to aspiring pioneers, entrepreneurs, liars, cheats, and frauds. With the rise of consumerism, citizens have become increasingly reliant on goods provided by corporations for their survival, as a result of local and familyowned businesses slowly disappearing due to acquisitions, takeovers, or bankruptcy filings. Subsequently, corporations today are more profitable, accounting for inflation, than ever before in American history. Ironically, however, corporate taxes are contributing less to the United States (U.S.) Gross Domestic Product (“GDP”) than ever before. Through the current system of tax collection, revenue …

Platforms, Power, And The Public Square: The Debate On Editorial Rights In The Age Of Social Media, Donovan Smith

St. Thomas Law Review

Social media has taken a hold on society and continues to tighten its grip; its influence is undeniable. Today, billions of people all over the world use social media for news, weather updates, communication, commerce, and self-expression every day. With the increasing dependence on social media, it is essential that the civil liberties and fundamental rights of social media users remain protected. Over the last decade, censorship of users and content on social media has become a key political talking point, especially when coupled with concurring events like elections and global pandemics. But is any of this censorship even allowed? …

The Direct-Derivative Divide In Florida Shareholder Litigation, Itai Fiegenbaum

St. Thomas Law Review

This Article analyzes the evolving jurisprudence surrounding the classification of shareholder claims in Florida business entity litigation. Shareholder and member lawsuits take one of two forms: direct claims, which allege personal harm to the entity owner, and derivative claims, which seek redress on behalf of the entity. While both aim to deter insider misconduct and ensure accountability, the procedural posture and practical consequences of each are dramatically different. Direct claims allow shareholders immediate access to judicial relief. Derivative claims, by contrast, impose significant procedural hurdles that often preclude review on the merits. The proper classification of a claim is therefore …

The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell

Saint Louis University Law Journal

With the end of the Cold War, United States presidents have shown growing disinterest in complying with the United Nations Charter prohibition on the use of force. Their legal advisers have based justifications for resort to military force on ever thinner legal grounds to the point that justifications appear to focus only on the legal principles governing the conduct of military force, not on the right to resort to force in the first instance. Samuel Moyn captured the phenomenon in his book, Humane: How the United States Abandoned Peace and Reinvented War. The phenomenon of decline has not stopped with …