Law Commons^™

The Jurisprudence Of Humanity, Tyler Rose Clemons

Journal of Civil Rights and Economic Development

(Excerpt)

It has become common for Supreme Court Justices—the most powerful legal actors in our society—to explain why “the law” requires them to facilitate, or at least tolerate, terrible human suffering. Such claims are wrong, not just morally but legally. More specifically, they expose the decisions of the Roberts Court as a based on a jurisprudence of nihilism, one that justifies human suffering through vague appeals to the rule of law. These appeals, in turn, thinly conceal a substantive political and moral project.

To support this claim, I proceed in five parts. Part I introduces Albert Camus’s account of nihilism …

From Prosecutor To Scholar: Voice, Power And The Pursuit Of Change, Elaine Chiu

Journal of Civil Rights and Economic Development

(Excerpt)

It is a privilege to gather today with colleagues and students in our home, to spend time exchanging thoughts about the role of legal scholars and scholarship at this critical juncture in our school’s history and in our country’s history. I decided to focus my remarks today on the future of our country and our profession—and that is our students.

Let me start by sharing my own journey as a legal scholar. If you had told me when I was a law student or a young prosecutor that, one day, I would become a legal scholar, I would have …

The Evolution Of Legal Scholarship, Edward D. Cavanagh

Journal of Civil Rights and Economic Development

(Excerpt)

Historically, law schools have evaluated their faculty on performance in three areas: (1) classroom teaching; (2) service to their schools and the profession; and (3) scholarship. The criteria for classroom teaching and service have remained relatively constant over the years. However, the definition of scholarship has broadened significantly in recent decades. At the same time, courts—once reluctant to embrace academic research—are increasingly relying on academic scholarship to shape their legal opinions. This Essay analyses the evolution of academic scholarship and how that scholarship has impacted judicial decision making.

Thirty-Year Evolution Of Legal Writing Scholarship, Pedagogy, And Beyond!, Robin Boyle-Laisure

Journal of Civil Rights and Economic Development

(Excerpt)

You may be under the impression that all professors must publish—referring to the old adage, “publish or perish.” But that is not entirely true. I started teaching at St. John’s University School of Law thirty years ago when the legal writing program was launched. At that time, to attain the highest level, the highest rank—Professor of Legal Writing—the expectation was to produce only a few articles.

However, I continued to write, after reaching that threshold, because I enjoyed it. I find writing fun. And, as my colleague Professor Salomone says, it creates synergy with your students and with the …

Words Matter: The Rhetoric Of National Security And The Reality Of Individual Rights, Christopher J. Borgen

Journal of Civil Rights and Economic Development

(Excerpt)

While the meanings of words can be flexible or contested, they are not infinitely pliable. These limits on words and their uses help define the outer bounds of legitimate state action. However, even the written law is only as stable as our interpretation of what those words mean. There is the risk that a deliberate and persistent misuse of words by states and other actors can eventually change our understanding of the law it.

Some of my work has analyzed the use of words and phrases such as “self-determination,” “sovereignty,” and “secession.” But, in this Essay, I focus on …

Opening Symposium Remarks: Celebrating 100 Years Of Scholarly Impact At St. John’S Law, Jelani Jefferson Exum

Journal of Civil Rights and Economic Development

(Excerpt)

In times of uncertainty, legal scholarship provides essential guidance. It offers a perspective grounded not in the politics of the moment, but in research, doctrine, and theory—helping us navigate complexity and pointing us toward outcomes that are just.

So, as we celebrate 100 years of St. John’s Law, let us commit to work that is courageous in its thinking, inclusive in its reach, and faithful to our mission of service. And let us imagine the next century with confidence that the scholarship born here will continue to shape the law in ways that matter—ways that endure.

Thank you, and …

Gender Affirming Rhetoric, Emerson R. Wright

Tennessee Journal of Race, Gender, & Social Justice

During the runup to the 2024 election, virtually every person who watched an American football game saw an advertisement alleging that Kamala Harris was “for they/them,” while “President Trump is for you.” Candidates and interest groups spent more than $200 million on ads shaping and preying on public perception of trans people, and Democrats wasted no time blaming Kamala Harris’s electoral loss on messaging around trans issues. On the heels of a contentious election that relied heavily on this type of weaponized culture war messaging, misleading and hostile discourse about transgender people and the issues they face is hard to …

Disenfranchisement, S.B. 8005, And The Price Of Protest In Tennessee, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Read The Writing On The Wall: Why Confederate Messaging Matters In Tennessee Courthouses, Hon. John G. Browning

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Front Matter, Sydney Ross

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Reflections Of An Appalachian Miner's Grandson: How The Biden Administration Prioritized Miners' Safety And Health And Mining Communities, Christopher J. Williamson

West Virginia Law Review Online

No abstract provided.

Rules Of Origin And U.S. Tariffs On Imported Electric Vehicles: What Makes A Car Chinese?, Carlos F. Aguirre Cardenas

Duke Journal of Comparative & International Law

This article analyzes the legal and regulatory foundations of the U.S. Government's decision to impose unilateral tariffs on Chinese electric vehicles, including the 100 percent tariff enacted under Section 301 of the Trade Act of 1974, the 25 percent tariff established under Section 232 of the Trade Expansion Act of 1962. It focuses on how rules of origin influence the effectiveness of these measures and examines how Chinese electric vehicle manufacturers might design supply chain strategies to circumvent tariffs by classifying vehicles as non-Chinese.

"The Appearance Of The Confederate Flag In These Seas:" The Css Sumter, Neutrality, And The International Dimensions Of The American Civil War, John Macisaac Coleman

History Undergraduate Senior Theses

No abstract provided.

How Should West Virginia Approach Scholarship Granting Organizations, Elaine Waterhouse Wilson

West Virginia Law Review Online

The One Big Beautiful Bill Act (“OB3”) introduced Scholarship Granting Organizations (“SGOs”) into federal tax law through new Internal Revenue Code § 25F, which creates a federal income tax credit for qualifying contributions to state-certified scholarship organizations beginning in 2027. Because SGOs have long existed at the state level as part of broader school choice initiatives, Code Section 25F delegates to participating states, including the responsibility to certify eligible organizations and establish oversight procedures. West Virginia’s decision to participate in the federal SGO framework, coupled with its recent adoption of the Hope Scholarship Program, places the state at the center …

International Law Situations: Blockade, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the right of belligerents to establish and enforce a blockade and the right to conduct visit and search of enemy and neutral merchant ships globally outside neutral waters.

Governing With Digital Platforms: A Chinese Lesson For The U.S.?, Shitong Qiao

Duke Journal of Comparative & International Law

Can digital platforms make law and governance more efficient? Both China and the United States host some of the world's largest digital platforms, which lead in internet technologies, provide critical digital infrastructure, and mediate private communication and public discourse. While the American experiment has stalled, the Chinese government has made remarkable progress in leveraging digital platforms to enhance efficiency in law and governance.

The study highlights China's successes in streamlining court operations, curbing online piracy, and reshaping interactions between the Chinese government and its citizens. In practice, digital platforms have become co-governors, exerting substantial influence over public institutions rather than …

From Smallpox To Synthetic Biology: The Evolving Threat Of Biological Weapons And The Jus Ad Bellum, Sabrina I. Slagowitz

Duke Journal of Comparative & International Law

Biological weapons are not new, but recent developments in genetic technology have fundamentally transformed their threat potential. Advances in genome sequencing, editing technologies, and CRISPR have made pathogen modification faster, cheaper, and more accessible than ever before, reinvigorating fears of large-scale biological warfare and giving rise to a new class of synthetic bioweapons. This note examines the implications of genetically modified biological weapons for the jus ad bellum, the international law governing the use of force. Drawing an analogy to cyberweapons, it argues that bioweapons share key characteristics with cyberweapons—stealth, latency, asymmetry, non-kinetic lethality, and anonymity—that will generate similar legal …

Security Threats And Diminishing Market Access: Implications For Chinese Investors, Audrey Faulks

Duke Journal of Comparative & International Law

Western countries have responded to geopolitical threats associated with China's rise as a world power by restricting the presence of leading Chinese telecommunications companies and equipment in their network infrastructure. The past several years have seen a targeted and expanding effort by countries to remove Huawei, one of the largest actors in the telecommunications sector, from their national markets. Huawei has responded to these regulatory measures by threatening to bring arbitration claims under China's bilateral investment treaties with several European states. Additionally, Huawei has filed a Request for Arbitration against Sweden for its exclusion from the 5G market. This note …

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

Table Of Contents, Journal For Social Justice Editorial Board

DePaul Journal for Social Justice

This document contains the Table of Contents and editorial masthead for the current issue of the Journal for Social Justice at DePaul University College of Law. It includes the articles, essays, and other scholarly works selected for publication, as well as recognition of the Editorial Board, staff editors, faculty advisors, and contributing editors who participated in the editorial and publication process for this Volume.

The Autonomy Plan In Morocco: Legal Foundations, Political Dimensions And Prospects For Resolving The Sahara Conflict, Limam Boussif, Jalila Ait Soudane

Journal of Maya Heritage

Summary: The territorial conflict over the Sahara is one of the most enduring territorial disputes in international relations, involving issues of sovereignty, self-determination, and regional stability. In this context, Morocco’s 2007 Autonomy Plan is presented as a negotiated framework of self-government under Moroccan sovereignty.

This article analyzes the evolution and consolidation of the Autonomy Plan using a conceptual approach based on self-determination, territorial governance, and conflict resolution theories. It shows that the initiative has progressively evolved from a national proposal into an internationally recognized framework, particularly through growing diplomatic support and developments within the United Nations Security Council, including Resolution …

A Proposed Uniform System For Title Ix-Compliant Revenue Sharing In A New Era Of Intercollegiate Athletics, Jackson Schneider

DePaul Journal for Social Justice

Revenue sharing between colleges and universities and their student-athletes marks one of the most significant developments in the NCAA’s nearly 120-year history. House v. NCAA and its subsequent settlement enabled many Division I colleges and universities to begin sharing revenue directly with student-athletes in 2025. However, the House Settlement leaves a critical question unanswered: whether revenue sharing must comply with Title IX requirements. In the absence of judicial, legislative, or executive guidance, colleges and universities possess nearly complete discretion as to the amount of revenue to share, how to share it, and with whom to share it. This discretion creates …

Les Grands Chantiers De La Transition Énergétique Au Maroc: Le Cas De Dakhla-Oued Eddahab Entre Réalisations, Facteurs De Réussite Et Perspectives, Limam Boussif, Jalila Ait Soudane

Journal of Maya Heritage

Résumé: Cet article examine la dynamique de la transition énergétique au Maroc à travers une analyse descriptive et analytique du cas de Dakhla-Oued Eddahab. Dans un contexte marqué par l’accélération des politiques de décarbonation à l’échelle mondiale, le Maroc s’impose comme un acteur stratégique en matière de développement des énergies renouvelables et de l’hydrogène vert. L’étude met en lumière les principaux chantiers structurants engagés dans la région de Dakhla, notamment le développement des énergies éolienne et solaire, les projets de production d’hydrogène vert, le dessalement de l’eau de mer, ainsi que la réalisation du port Dakhla Atlantique. L’analyse montre que …

How Licensing Compromised The Library, Aaron Perzanowski

Seattle University Law Review Online

Public libraries are besieged on multiple fronts: spiraling costs, budget cuts, book bans, patron privacy risks, inaccessible digital exclusives, embargoed titles, and unstable collections—not the mention a general decline in reading coupled with an upswing in reliance on artificial intelligence. No single development can explain all of the many challenges facing libraries today. But this Article argues that the shift from library-owned print collections to licensed digital ones is an overlooked throughline that has contributed to this constellation of challenges in underappreciated ways. For centuries, the first sale doctrine gave libraries broad autonomy over what they acquired, preserved, and lent. …

The Library Of Congress’S Essential Role In Digital Preservation: Reconceiving Mandatory Deposit After Valancourt, Dave Hansen

Seattle University Law Review Online

As the published record shifts to digital formats, the mechanisms that have ensured long-term preservation are breaking down. Most libraries acquire digital materials through licensing agreements that prohibit preservation copying, format migration, and interlibrary loan—contractually overriding the exceptions Congress enacted in the Copyright Act. The Library of Congress occupies a unique position: Through statutory deposit under 17 U.S.C. §§ 407 and 408, it collects copyrighted works pursuant to federal law rather than license agreements, and deposited copies become federal property under § 704, free from contractual restrictions. This Article examines how the Library’s deposit authority can be strengthened after the …

Separation Of Copyright Powers, Blake Reid

Seattle University Law Review Online

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers.

Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

The Library Of Congress At A Crossroads: Executive Overreach And The Future Of Public Knowledge, Leslie A. Street, Amanda Runyon

Seattle University Law Review Online

In May 2025, President Trump's removal of the Librarian of Congress and attempted removal of the Register of Copyrights precipitated a constitutional crisis that exposed fundamental structural vulnerabilities in the nation's knowledge infrastructure. This Article argues that the Library of Congress faces a dual threat: a constitutional breach of separation of powers and a cultural threat to the preservation of America's intellectual heritage. The Library's structural ambiguity — its simultaneous identity as a legislative library, national library, and copyright agency — has left it vulnerable to executive overreach that threatens both constitutional integrity and its role as custodian of national …

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle Wu

Seattle University Law Review Online

Rapid developments in technology have radically changed the practice of copyright; however, this revolution has provided disproportionate, lopsided advantages to corporate interests over public ones. For example, publishers today can charge the same buyer for the same e-book many times over while simultaneously depriving them of the rights normally conveyed with purchase, such as the rights to resale, donation, lending, and bequeathing. Technology itself is a neutral tool, so there is no reason that the current landscape must be so unbalanced. This Article explores two ways in which libraries can both maximize the public benefits of knowledge and provide added …

Professional Identity Formation And The Nextgen Bar Open Opportunities For Law Student And Law School Success, Neil Hamilton

The Journal of Law Teaching and Learning

No abstract provided.