Law Commons^™

Nil Speeds Ahead While Title Ix Trails Behind: Finding Room For Title Ix In The Evolving Nil Landscape, Sophie Zelony

Vanderbilt Journal of Entertainment & Technology Law

Title IX was enacted to eliminate sex-based discrimination in educational programs receiving federal funding, including intercollegiate athletics. While the law has successfully increased female participation in sports, disparities in the treatment of male and female athletes persist, particularly in the context of publicity and promotional resources. The rise of name, image, and likeness (NIL) opportunities has further widened this gap, as universities and their affiliated collectives disproportionately promote male athletes, enhancing their marketability and NIL earning potential. Schroeder et al. v. University of Oregon presents a novel legal issue—whether Title IX applies to NIL deals when universities provide unequal publicity …

From Australian Influence To Rohingya Refugees: A Systematic Literature Review Of Asylum Seekers And Refugees In Indonesia, Bilal Dewansyah

The Indonesian Journal of Socio-Legal Studies

The fact that Indonesia hosts asylum seekers and refugees attracted not only policy debate and media attention but also academic research. However, no systematic review has been conducted to assess the scholarly literature on this topic. This article is intended to fill this gap by presenting a systematic literature review (SLR) on asylum seekers and refugees in Indonesia. As a result, I found five major themes in the reviewed literature: (1) the focus on the Indonesia – Australia relationship; (2) people smuggling; (3) refugees’ journey and living conditions in Indonesia; (4) Rohingya refugees; (5) legal protection and refugee status. However, …

Legal Personhood For Artwork, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The ramifications of unduly altering the signified of a work of art are consequential for both living and future generations. While the law provides protection to artists and art owners, it fails to grant rights to works of art themselves. The current legal paradigm, designed around the interest of owners and artists, also falls short of protecting Indigenous art aimed at conserving traditions and cultural …

Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez

Dissertations, Theses, and Capstone Projects

The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …

The Supreme Court’S Old Habits In A New Era? Native Nations, Statehood, And An Indigenous-Led Future For Natural Resources, Monte Mills

Articles

art I of this essay looks back and, relying on Winans and Winters, illustrates the Court’s longstanding commitment to a recognition of tribally reserved rights while requiring a collaborative approach that acknowledges some state interest and authority. Part II then briefly assesses the modern era of Indigenous leadership in natural resources, reviewing the ways in which Native Nations are implementing a new framework of collaborative stewardship for lands, waters, wildlife, and other ecological systems. Finally, Part III considers how the lessons or impacts of this broader movement might be relevant in future conflicts raising questions of statehood and tribal …

Democratic Lawyering: Upending The "Hidden Curriculum" To Prepare New Lawyers For A New World, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

Articles

Multiple heightening crises reveal the deficiencies and contradictions of legal education, in particular the values it imparts. Perpetuating myths about U.S. democracy and rule of law, the enduring formalist, liberal legalist cast of law school is increasingly at odds with students’ lived experiences. As liberal democracy and the rule of law falter, no longer is relying on the “hidden curriculum” or the historically nebulous and mythical narratives of the law and our legal system sufficient to prepare tomorrow’s lawyers for the challenges faced by our profession. Instead, with a boost from ABA Standard 303, this article draws on the tradition …

Be Aware Of These Hazard Communication Standard Changes, Jennifer Cosey

The Journal of the Michigan Dental Association

Executive Summary: This regulatory update outlines OSHA's revised Hazard Communication Standard published on May 20, 2024, with staggered compliance dates ranging from 18 to 42 months after publication. The changes primarily affect manufacturers and distributors, who must now provide Safety Data Sheets (SDSs) with their first shipments and updates. For dental practices, the standard applies to products containing 1% hazardous ingredients or 0.1% carcinogens, such as disinfectants, medications, amalgam, and adhesives. Key changes include new definitions for liquids, solids, and physical hazards, updated labeling requirements for small containers (≤100 ml), and improved accessibility requirements for SDSs. Manufacturers must now provide …

J Mich Dent Assoc June 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is the leading monthly digital publication serving Michigan’s oral health community and the MDA’s 6,200+ members. Distributed globally through the searchable ADA Commons publishing platform, it is the primary channel for news, clinical insights, and professional resources for Michigan dentists.

June Issue Highlights:

• Cover Feature: An in-depth report on the MDA’s advocacy efforts beyond insurance reimbursement, highlighting recent legislative wins and member services that support practice profitability and success.
• Workforce Well-being: A special feature on the stages of stress and burnout, with strategies and resources to support mental health and resilience.
• Compliance Update: …

Dentistry And The Law: Can I Use Patient Information To Respond To Internet Criticism?, Daniel Schulte J.D.

The Journal of the Michigan Dental Association

This legal guidance addresses dentists' inability to respond to negative online reviews using patient information. The article explains that HIPAA and Michigan's Dentist-Patient Privilege Statute prohibit healthcare professionals from disclosing patient information without authorization, even when defending against false or defamatory online posts. Unlike patients who can freely share information about their treatment, dentists face significant legal restrictions. The author notes that legal recourse is often difficult due to challenges in proving poster identity, distinguishing factual statements from opinions, and demonstrating specific damages. The recommended approach is to avoid responding to negative posts and instead focus on reputation management through …

How Domestic Institutions Shape The Global Tech War, Anu Bradford, Eileen Li, Matthew C. Waxman

Faculty Scholarship

The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function of its internal features, including basic constitutional powers, domestic legal institutions, and the relationships between the government and …

After Notice And Choice: Reinvigorating “Unfairness” To Rein In Data Abuses, Lina M. Khan, Samuel A.A. Levine, Stephanie T. Nguyen

Faculty Scholarship

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and exploiting vast troves of personal data. The agency’s historical approach, rooted in outdated assumptions about self-correcting markets and an ideologically cramped view of the FTC’s authorities and mandate, helped usher in a digital economy where data abuses became routine.

During the Biden Administration, the FTC …

Bound: The Imaginative Surplus Of Contractual Intent, Elizabeth F. Emens

Faculty Scholarship

Contract law is generally understood in terms of enforcement. The legal definition of a contract is a promise that the state will enforce. Individuals are empowered by contract law to create legal arrangements that the state will step in and enforce. And yet most contracts never make it to court.

This Article inverts the conventional focus on enforcement through a study of extralegal contracts. These are formal written agreements that parties call contracts but are not intended for legal enforcement. Examples of these extralegal contracts include no-suicide contracts and contracts for sexual slavery.

Examining extralegal contracts offers multiple insights. First, …

Litigating National Security In The Wto Era, Petros C. Mavroidis

Faculty Scholarship

From one dispute between 1948 and 1994, there have now been 14 requests for a panel establishment (based on the General Agreement on Tariffs and Trade (GATT), Article XXI – the exception for national security) during the World Trade Organization (WTO) era (1995–now). The majority of them ended up in the issuance of a panel report, all of which were issued after 5 April 2019. As the WTO Appellate Body has been dysfunctional as of November 2019, no appellate report has been issued. Appeals have been lodged, but as there is no Appellate Body to entertain them, they were lodged …

Law Enforcement Privilege, Rebecca Wexler

Faculty Scholarship

You can’t question a secret you haven’t been told. The criminal legal system depends on fair and open proceedings to expose and regulate unlawful and unconstitutional police conduct through the courts. If police can use claims of secrecy to systematically thwart criminal defendants’ access to evidence, judicial review will fail. And yet that is exactly what is happening under a common-law doctrine called the “law enforcement privilege.” The privilege empowers police and prosecutors to rely on the results of secret investigative methods while withholding information from the defense about how those methods work. It risks perpetuating unconstitutional conduct, enabling wrongful …

Tort Law Heterodoxy In China, Benjamin L. Liebman, Rachel E. Stern, Eva Wenwa Gao, Xiaohan Wu

Faculty Scholarship

Chinese courts routinely ask defendants to pay damages without evidence of negligence while relying on concepts such as fairness, substantive justice, or discretion. This chapter examines how Chinese courts arrive at decisions that feel fair or just in cases where they refer to those ideas. Analysis of a dataset of 10,000 judicial decisions in personal injury cases suggests that Chinese courts refer to these concepts when they impose liability on two types of parties: (1) participants in a shared activity and (2) those who control a physical space. By assigning legal responsibility in these cases, Chinese courts acknowledge traumatic harm, …

The Changing Architecture Of Trust, Kathryn Judge

Faculty Scholarship

Trust has always been vital to the healthy functioning of financial markets and the stability of the financial institutions. The mix of public and private institutions that undergird this trust, however, can vary. Often these forces are ignored or taken for granted until something goes wrong. With a marked turn toward deregulation taking hold on both sides of the Atlantic, against a backdrop of central banks having played a very active role intervening to allay distress, it is a good time to revisit these fundamentals. This essay examines the importance of trust, how it is created, how it can be …

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie

Articles

Planning is a critical part of the federal government’s management of the nation’s public lands. Over the last half century, Congress has mandated that each of the four major public land management agencies; the U.S. Forest Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, develop and rely on plans to guide their oversight of public lands and resources. Virtually every activity or decision affecting these public lands can be traced back to language in—or missing from—a plan. But, despite the importance of planning, the process by which each agency develops and …

The New Redlining: How Progressive Policies Restrict The Development Of Housing Supply And Perpetuate America's Racist Property Law Past, Steve Calandrillo, Kelsey Dunn

Articles

Recent scholarship has exposed America’s racist property law past. During the twentieth century, decades of deliberate state-sponsored discrimination (a.k.a., “Redlining”) made homeownership—and the accumulation of wealth—more difficult for people of color. In 1948, the Supreme Court outlawed these practices in the seminal case, Shelly v. Kraemer. However, the damage had been done, and has proven to be long-lasting. Redlining slowed economic mobility for people of color and exacerbated the racial wealth gap. As a result, America is in the midst of an affordable housing crisis that disproportionately impacts people of color.

Readers well versed in economics and public policy …

The Equal Protection-Fourth Amendment Shell Game: An Essay On The Limited Reach Of The 2023 Affirmative Action Cases, The Fourth Amendment, And Race Beyond Skin Color, David B. Owens

Articles

In striking down race-conscious admissions at Harvard and the University of North Carolina, the Supreme Court used lofty rhetoric about the importance of ending race discrimination, even calling the command of Equal Protection “universal.” In two ways, this Essay explores the legal and practical limits of the affirmative action cases and illustrates how the Court’s claimed concern about race discrimination rings hollow. First, this Essay discusses state actors permitted to use race in their decision-making: the police. Unlike elite universities whose policies are subject to exacting scrutiny, the Supreme Court permits police to use race when deciding whom to seize …

The Equal Rights Amendment: The 28th Amendment To The U.S. Constitution, Twiss Butler, Patrick Butler

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews how Supreme Court interpretations of the 14^th Amendment have allowed laws to discriminate against women. It aims to show that the Equal Rights Amendment, ratified as the 28^th Amendment in 2020, offers a constitutional basis for eliminating all forms of legal sex discrimination against women. These forms include discrimination based on pregnancy and abortion, commodifying women’s bodies, and allowing men to intrude into women’s protected spaces. The review starts with the denial of protection for women by America’s Declaration of Independence in 1776, denounces the Supreme Court’s precedent-setting 1974 Geduldig decision, which ruled—quite illogically—that discrimination …

Insolvency Law As A Catalyst For Growth, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Insolvency law plays an essential role in the real economy. From an ex ante perspective, that is, before a situation of insolvency arises, the design of insolvency law affects how debtors and creditors make decisions. For instance, if creditors believe that an insolvency system does not protect their rights or it does not help them maximize their recoveries if their debtors become insolvent, they will rationally become reluctant to extend credit. Therefore, an unattractive insolvency regime for creditors will harm firms’ access to finance and the promotion of economic growth. Similarly, an insolvency system that severely punishes honest but unfortunate …

Techno-Geopolitics And Semi-Conductor Chokepoints: Beyond The Us-China Wto Dispute, Han-Wei Liu, Ching-Fu Lin

Research Collection Yong Pung How School Of Law

Much ink has been spilled on the US-China tech and trade war, particularly the role of US export controls in containing China and preserving America’s tech dominance. Less attention, however, has been paid to other critical nodes in the global semiconductor supply chain – Taiwan, South Korea, Japan, and the Netherlands – which we coin as ‘chokepoint economies’. Taiwan alone produces over 90% of the world’s most advanced chips, vital to the digital age and the future of AI in the Indo-Pacific and beyond. Using Taiwan as a case study, this paper shows how chokepoint economies navigate competing pressures amid …

Driving Financial Inclusion Through Central Bank Digital Currencies: A Methodology For Cbdc Implementation, Heng Wang

Research Collection Yong Pung How School Of Law

This publication outlines a methodology for the design, testing, and implementation of central bank digital currencies (CBDCs) to advance financial inclusion. As an increasing number of central banks around the world explore this novel form of financial infrastructure, this paper focuses on the potential of CBDCs to address key access and price barriers in developing and emerging economies. CBDCs, especially retail ones, can offer unique opportunities for enhancing financial services accessibility, affordability, and usability for unserved and underserved populations, if implemented responsibly through a structured, inclusive and user-centric approach.

Ai Governance And Algorithmic Auditing In Financial Institutions: Lessons From Singapore, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

This paper examines the role of algorithmic auditing as a mechanism for responsible AI development and deployment in the financial sector, with a particular focus on Singapore’s regulatory and institutional initiatives. Against the backdrop of fragmented global artificial intelligence (AI) governance frameworks, the study analyses how Singapore has developed operational tools — such as the Veritas Toolkit, AI Verify, Project Moonshot and Project Mindforge — that go beyond abstract ethical principles to provide measurable, use-case-specific standards for auditing AI systems. These initiatives contribute to standardising audit practices, enhancing transparency and bridging trust gaps between financial institutions, regulators and stakeholders. The …

Treaties Establishing Dispute Settlement Frameworks, N. Jansen Calamita, Stefanie Schacherer, Facundo Perez-Aznar, Aikaterini Florou

Research Collection Yong Pung How School Of Law

The purpose of the present report is to provide an overview and analysis of the measures that States adopt domestically to implement treaties that establish mechanisms for the resolution of international disputes. The report’s scope subsumes both treaties that include dispute settlement mechanisms to resolve disputes concerning the substantive obligations contained therein as well as treaties that establish frameworks for dispute resolution simpliciter which may be used to resolve disputes arising under a variety of substantive treaties (collectively “international dispute settlement mechanism” or “IDSM” treaties). The approach of the research contained within this report has been to gather information about …

Aging And The Law In Singapore And Japan: Adult Guardianship And Other Alternatives, Hang Wu Tang, Yukio Sakurai, Yue-En Chong

Research Collection Yong Pung How School Of Law

Comparative adult guardianship law and other alternatives, especially in an Asian context, is an under-investigated area. This paper attempts to fill the gap in the literature by comparing the adult guardianship law and other alternatives from the perspectives of Singapore and Japan. The central argument of this paper is that in order for the law of adult guardianship to be widely adopted in Asian societies like Singapore and Japan - where much of adult guardianship related issues are governed by informal familial arrangements; this would require governments to do more than the mere enacting of adult guardianship legislation. To encourage …

Revisiting “Mandatory Mediation: An Oxymoron?” Advancing Access To Civil Justice Through Mandatory Adr, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Access to civil justice, a concept integral to the rule of law, has been an enduring concern in many countries. One prominent strategy to enhance access to civil justice entails the use of alternative dispute resolution (ADR) methods prior to court adjudication. In this regard, efforts to embed ADR within the court system have intensified in both England and Wales and Singapore. In Singapore, the parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR. In a similar vein, the English Court of Appeal …

Does Third Party Litigation Funding Need Regulations On Consumer Protection, Ronen Avraham, Eric Schuller, Anthony J. Sebok

Articles

Transcript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law.

The Right To Exit Religion, Zalman Rothschild

Articles

This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the Supreme Court recognized what might be called a right to exit religion. In this decision, the Court expressed appreciation for preserving insular religious communities, while simultaneously articulating the principle that accommodations for such communities must not unduly restrict community members’ ability to exit should they wish to do so. Yet courts and scholars have largely overlooked Yoder’s recognition of a right to exit religion. To make this “right” more concrete, the Article examines impediments to it through a case study of one large insular religious community—the …