Law Commons^™

Probation Without A Home: How Probation Maintains Barriers To Successful Completion While Homeless, Olivia K. Babin

Journal of Criminal Law and Criminology

Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions about the criminalization of homelessness and the experiences of homeless people in the criminal legal system. Community supervision (probation and parole) is an oft-forgotten portion of the criminal justice system, despite there being nearly triple the number of people on parole or probation than the number of people incarcerated in the United States. Probation specifically is seen as an alternative to incarceration. Some view it as a more humane punishment than incarceration; others believe probation is far too lenient and sentenced too often. …

Institutional Structures Of Penal Inequality, Alexandra Natapoff

Journal of Criminal Law and Criminology

The U.S. penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges automatically while others screen carefully. Public defenders in some counties lack zeal while others provide high quality representation. Offices that share the same name and perform the same basic legal functions—“police,” “prosecutor,” “public defender,” “criminal court”—actually operate according to highly disparate legal, professional, and normative standards. These differences give rise to a stratified criminal process in which a minority of defendants and cases are handled lawfully with attention and care, while a much larger …

The Ai Act Manipulation Gap, Claire Boine

Emory International Law Review

The European Union’s Artificial Intelligence Act (AI Act) represents a significant step in regulating AI technologies, but this paper argues that its provisions on manipulation are critically under-inclusive. Through a comprehensive analysis of AI-enabled manipulation and the current EU legal framework, this paper offers an account of how the AI Act’s narrow focus on subliminal techniques and purposeful manipulation fails to address the full spectrum of AI-driven manipulative practices.

The paper develops its argument in four parts. First, it provides an overview of AI-enabled manipulation, highlighting its unique characteristics and the structural changes it introduces to democratic processes. Second, it …

Islamic Finance, Commercial Law, And Economic Justice: Apocalyptic Challenges To The Global Order, Ali Rod Khadem

Emory International Law Review

This Article engages with the heated debates about the Islamic finance industry, which range from praise as an ethical model of ESG principles to sharp criticism as a vehicle for financing terrorism. Offering a novel lens, this Article examines several case studies of Islamic thinkers and movements that have disrupted global politics, exploring how they deploy apocalyptic ideology to promote vastly different visions of future economic orders. Some of these case studies reinterpret key concepts from Islamic commercial law—like unjust enrichment, limited liability partnerships, insurance, almsgiving, and inheritance—while others call for a return to abandoned practices, such as slavery, discriminatory …

Accommodating Disabilities During Arrests: Toward A Model Law To Improve Police Response To Mental Health Crisis, Michael Harel

Emory International Law Review

Policing people with mental illness (PWMI) presents a persistent global challenge. Although PWMI do not have a greater propensity for violence, they are disproportionately killed during police encounters. Using Australia as a case study, this Comment argues that use-of-force laws are inadequate in these situations because they defer excessively to officer discretion—failing to account for how officers often escalate encounters with PWMI by neglecting appropriate crisis-response tactics or by misperceiving PWMI behavior as violent, even when that behavior reflects mental health symptoms rather than actual threats. Current legal standards often excuse such perceptions, but properly trained officers should be expected …

Determining The Content And Meaning Of Foreign Law: The Approach Of The New Third Restatement Of Conflict Of Laws, Christopher A. Whytock

Emory International Law Review

No abstract provided.

The Public Policy Exception In Choice Of Law, Symeon C. Symeonides

Emory International Law Review

No abstract provided.

Agency And Private International Law – An Exercise In Comparative Law, Dennis Solomon

Emory International Law Review

No abstract provided.

Dedication: Josephine Hardin Memorial, Volume 40 Staff & Previous Editors-In-Chief

Emory International Law Review

No abstract provided.

Crimes Of The Past, Present, And Future: Considering The Global Problem Of Microplastic Pollution And The Potential For Success Within The Public Trust Doctrine, Rose Heppner

Emory International Law Review

Microplastic pollution is a global and transboundary issue—one that international states have failed to properly address through regulatory bodies, multilateral treaties, and nonbinding conventions. Despite efforts by the international community to reduce plastic pollution, the problem has been exacerbated exponentially year over year by an ever-expanding plastic industry. The U.N. Intergovernmental Negotiating Committee on Plastic Pollution is currently leading discussions for the most promising solution: a binding treaty targeting the full lifecycle of plastic. Unfortunately, pro-plastic industry groups and lobbyists have been granted a seat at the table, and negotiations have yet to produce a final treaty draft.

Although legislation …

How Ai Reinforces Caste: Creating And Amplifying Systematic Inequality, Catherine Powell

Faculty Scholarship

In arguing that artificial intelligence (“AI”) creates, reinscribes, and amplifies caste, this Article asserts that algorithmic discrimination is not just a bug, it is an essential feature of the system that powers the digital economy. Because this economy traffics in our information and is monetized through targeted advertising, it depends on knowing our race, gender, and other protected characteristics (i.e., our caste). Given that the digital economy is inherently an information economy, it is driven by population-wide demographics and predictions, which algorithms can process and commodify at scale. As such, digital surveillance can lead not only to individual harm, but …

“Glory Days Well They’Ll Pass You By,”: Major League Baseball’S 1994-1995 Strike: A Legacy Of Damage And Failed Recovery, Peter Galati

Student Works

No abstract provided.

Let This Sleeping Dog Lie: The Dormant Commerce Clause Has No Business Limiting Registration-Based Jurisdiction, Samuel Brownsword

Student Works

No abstract provided.

From Conflict Prevention To Contract Intervention: Revisiting The Founding Purpose Of The Pca In An Evolving World Of International Arbitration, Kevin Mckenzie

Student Works

No abstract provided.

Hidden In Plain Sight: Plyler V. Doe Under Siege, Dana Kit

Student Works

No abstract provided.

The Advertising Pipeline: Priming Today’S Youth To Be Tomorrow’S Heavy Rollers, Alison Opdyke

Student Works

No abstract provided.

Once Upon A Crime In America: Time For The Wire Act To Do The Disappearing Act, Alex Sieburth

Student Works

No abstract provided.

Privatizing Child Welfare: Texas’S Gamble With Community-Based Care, Grace Byers

SMU Law Review

There are arguably few populations with greater vulnerability in the United States than children in active child welfare cases. Beyond the abuse or neglect that triggered a child welfare investigation, the child will endure the trauma of having their life uprooted. A child may encounter dozens of people throughout a child welfare case: investigators, police officers, caseworkers, doctors, psychologists, judges, foster parents, and many others. At this critical junction in a child’s life, the state is appointed as the child’s legal conservator to care for the child, find them a temporary home, and provide services to them and their parents …

J. Robert Martin Papers, 1947-1990 Guide And Inventory

J. Robert Martin Papers, 1947-1990

No abstract provided.

25th Anniversary Report, Law And Government Institute

Law and Government Institute Collections

The Law and Government Institute is one of Widener University Commonwealth Law School's signature programs. The Institute focuses on the complex intersection of legislation, regulation, public policy, and the law.

The celebration of the 25th anniversary of the Institute in 2024 prompted the development and issuance of this report. It discusses the history and leadership of the Institute, provides an overview of the Institute's programs, and presents the results of a recent survey of Institute alumni.

This report covers activities and events through the end of the 2024-25 academic year.

2025 Children's Legislative Report Card, Children's Advocacy Institute, University Of San Diego School Of Law

Children's Legislative Report Card

No abstract provided.

What’S So Compelling About Diversity Anyway?: How The Affirmative Action Diversity Rationale Was Built To Fail Under Today’S Equal Protection Doctrine, Fariza Hassan

Minnesota Journal of Law & Inequality

No abstract provided.

2025 Annual Report, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Annual Reports

No abstract provided.

Supreme Court Preview 2025 (Flyer), Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Busting Ghosts: How Regulatory Gaps Fail To Address Ghost Guns, And What Can Be Done Post-Bruen, Wyatt Lutenbacher

Minnesota Journal of Law & Inequality

No abstract provided.

De-Policing: An Updated Empirical Analysis Of Crime And Federal Police Reform, Stephen Rushin, Griffin Sims Edwards

Faculty Publications & Other Works

This Article builds on prior work by empirically analyzing the effect of federal intervention in local police departments on crime and clearance rates, using updated data and methodologies.

Congress passed 34 U.S.C. § 12601 (formerly 42 U.S.C. § 14141) in 1994 to give the United States Attorney General the authority to seek equitable relief against local and state law enforcement agencies engaged in patterns or practices of misconduct. Since its passage, the Department of Justice has investigated and intervened into dozens of American police departments, including some of the largest police departments in the country. Federal intervention represents one of …

Limits On Traffic Stops: Saving Lives By Constraining Police Authority, Jeannine Bell, Stephen Rushin

Faculty Publications & Other Works

This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence.

We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure, police officers have considerable authority to stop motorists for any technical violation of the traffic code, even if the stated justification is a pretext for investigating an unrelated hunch or suspicion. After stopping a motorist, existing doctrine gives police the ability to question them, search their vehicles under numerous circumstances, arrest drivers for …

Delay, Deny, Tax, Samuel D. Brunson

Faculty Publications & Other Works

Health insurance companies are having a moment in the United States. Their moment involves widespread public objections to their seemingly random and increasing willingness to deny coverage and reimbursement to insureds. These denials are in large part not part of a program to improve health coverage but, rather, to reduce insurance companies’ expenses and, in turn, increase their profits.

There is broad consensus that something has to change. The public demands it. Bipartisan groups of senators and representatives have investigated it. Even the health care industry acknowledges that something needs to change. To actually make the health care system better …

A New Johnson Amendment: Subsidy, Core Political Speech, And Tax-Exempt Organizations, Samuel D. Brunson

Faculty Publications & Other Works

Seven decades ago, Congress enacted the so-called Johnson Amendment. This provision of tax law forbids tax-exempt public charities from endorsing or opposing candidates for office. Under the plain language of the Internal Revenue Code, an organization that violates the Johnson Amendment does not qualify as tax-exempt.

The legislative history underlying the Johnson Amendment is sparse, and it provides few clues as to Congress’s reason for enacting it. In the ensuing years, though, it has become clear that Congress does not want to subsidize campaigning activities, and this has become the most convincing justification for the Johnson Amendment. However, the design …

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Faculty Publications & Other Works

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …