Law Commons^™

Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes, Catherine King

Journal of Criminal Law and Criminology

Peremptory strikes, while designed to craft fair and impartial juries, carry with them the potential for discriminatory use. Cognizant of this, the Court has imposed limitations on their use, producing over time the Batson line of case law. While Batson and its progeny aimed to eliminate discriminatory peremptory strikes, the consensus forty years later is that this goal remains unfulfilled—largely due to the continued acceptance of ostensibly race-, gender-, and ethnicity-neutral justifications. Religion has emerged as a frequent rationale, creating uncertainty about its permissibility and producing a circuit split.

Despite repeated calls for finality on the question of religion-based peremptory …

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …

Connecting Mens Rea And Actus Reus: Toward A New Theory Of Correspondence, Elise Sugarman

Journal of Criminal Law and Criminology

The justifiable imposition of criminal liability requires more than possession of mens rea and performance of an actus reus. A defendant’s mens rea and actus reus must also connect in a particular way. While this is a well-recognized principle in Anglo-American criminal law, the nature of the required connection—“correspondence”—is poorly understood.

This Article identifies three conflicting existent theories of correspondence from the criminal legal literature and from judicial reasoning: contemporaneity theory, actuation theory, and normative theory. According to contemporaneity theory, correspondence requires that mens rea overlap in time with the actus reus. According to actuation theory, correspondence requires that mens …

Leveraging Intellectual Property For Development: Insights From South Korea For Developing Countries, Gracie Alinafe Chimvula

Cybaris®

No abstract provided.

Zero Tolerance Or Strong Cultural Diversity: The Hard Case Of Female Genital Surgery, James M. Donovan, Christiane Canant

Emory International Law Review

This article applies a thesis favoring strong cultural diversity to defend a subject-centered policy regarding female genital surgeries (FGS). That idea posits that cultural variation holds an intrinsic value that should be presumptively respected when setting policy and creating law. Correlatively, cultural homogenization, especially by force, should be resisted.

Taking as a starting point the recent celebration of the United Nation’s Day of Zero-Tolerance for Female Genital Mutilation, the paper reviews the context of FGS practices in various societies and critiques the inconsistencies of U.N. arguments to advance its goal of total elimination by 2030. Especially problematic for the U.N. …

Agriculture And Commodities: Commodities Outside The Jurisdiction And Expertise Of The House And Senate Agriculture Committees, Helena Rowe

Student Works

No abstract provided.

Is City Of Grants Pass V. Johnson The End For Homelessness Advocates?, Phoenix Burke

Student Works

No abstract provided.

Physician-Assisted Suicide: A Catholic Legal Tradition Perspective, David Mina Ibrahim

Student Works

No abstract provided.

Contract Law (Taylor’S Version): The Legality Of Extended Re-Recording Clauses In Record Label Contracts, Raquelle Rocco

Student Works

No abstract provided.

One Size Doesn’T Fit All: Critical Issues Facing The Wnba Collective Bargaining Agreement, Caroline A. Staff

Student Works

No abstract provided.

“Extraordinary” Means Extraordinary: Why Courts Should Refuse To Apply Sentencing Minimum Reductions In Compassionate Release Petitions, J.M. Icasiano

Student Works

No abstract provided.

Kingsley And The Deliberate Indifference Circuit Split, Kevin Scanlon

Student Works

No abstract provided.

Pregnancy Discrimination In Women’S Sports: An Analysis Of What Has Been Done, And What There Is Still Left To Do, Jordan Decrescente

Student Works

No abstract provided.

Breaking Through The Defense: Reassessing Mls’S Single-Entity Defense, Andreas N. Antoniades

Student Works

No abstract provided.

Reinvestment Not Restriction: Modernizing Mlb’S Economic Framework Without A Salary-Cap, Noah J. Hagedoorn

Student Works

No abstract provided.

Ncaa's Eligibility Rules - Pathways For Meaningful Change, Guido John Alfonso Salandra

Student Works

No abstract provided.

A Call For A Stronger Framework: The Lack Of Constitutional Protections Against Student Cell Phone Searches, Gabriella Labarbera

Student Works

No abstract provided.

2025-2026 Annual 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.

This report covers activities and events through the end of the 2025-26 academic year.

J Am Coll Dent 2026 92 2b

Journal of the American College of Dentists

This special issue of the Journal of the American College of Dentists responds to a growing but long-underrecognized demand for humanities and ethics in dental education, practice, and scholarship. It emerges from the work of the National Collaborative on Humanities and Ethics in Dentistry (NCHED), a multi-institutional partnership formed in 2023 to address the persistent exclusion of dentistry from broader health humanities conversations. Through national webinars and scholarly collaboration, NCHED has demonstrated substantial interest in ethical reflection, historical analysis, narrative inquiry, and the arts as essential to understanding oral health and dental care.

The unexpectedly strong response to the call …

Decomposing Shadow Prices Under Climate-Driven Growth Scenarios: Insights From An Elk Herd Case Study, Ranjit Bawa, Drew Bennett, Wai Yan Siu, Bailey Kirkland, David Finnoff, Jacob Hochard

ODU Articles

Natural capital accounting provides a framework for integrating ecological processes with economic valuation, but the mechanics of shadow price formation often remain opaque to resource managers and policymakers. Using the Clarks Fork elk herd in northwestern Wyoming as a case study, we decompose the shadow price of natural capital into its ecological, economic, and institutional components. Population dynamics are estimated using a linearized Ricker model and projected forward using a logistic projection, incorporating climate-driven reductions in intrinsic growth rates. These ecological scenarios are linked to a shadow pricing formulation that explicitly accounts for marginal benefits, harvest policy responses, discounting, and …

What Did The Sffa Court “Say To John”? White Innocents, Reciprocal Democratic Sacrifice, & The Message Of Affirmative Action, Nathan W. Dean

Minnesota Journal of Law & Inequality

No abstract provided.

Mind The Gap: Time To Rehabilitate Section 504 To Prohibit Disparate Impact Discrimination, Shawn Grant

Minnesota Journal of Law & Inequality

No abstract provided.

The Stored Communications Act At 40: Re-Examining Ecs And Rcs In The Age Of Ai, Shanzay Pervaiz

Joint PIJIP/TLS Research Paper Series

Shanzay Pervaiz, Senior Legal Researcher, examines the Stored Communications Act (SCA) almost forty years after its enactment, focusing on how its core definitions of “electronic communication service” (ECS) and “remote computing service” (RCS) play a central role in regulating domestic and global government access to data. The definitions still shape key U.S. authorities such as FISA Section 702, the CLOUD Act, and international instruments governing law enforcement access to data, including the Budapest Convention and the United Nations Convention on Cybercrime. The paper also looks at the legislative history of the SCA, how U.S. courts define ECS and RCS, and …

2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Alumni News, page 15

50 Years of Daring to Illuminate, page 18

A Fearless, Undaunted Approach to Building a New Law School, page 26

50 Years of Daring to Innovate, page 42

Faculty in the Media, page 66

Faculty Scholarship, page 70

Retirements, page 76

Student Briefs, page 79

Alumni Signature Events, page 83

Classnotes, page 87

Cardozo in a Word, page 92

The Patroon System Of New Netherland And Its Lasting Influence On Landlord-Tenant Law, Liam Edward Cronan

Mitchell Hamline Law Review

No abstract provided.

Lifetime Tenure, Aging, And Cognitive Decline, David H. Churchwell

Mitchell Hamline Law Review

Aging is a fact of life. We all go through it, and we all experience it. But not all of us are federal judges, and not all of us hold positions of power for life. Aging impacts each of us differently, and there are good reasons to have experienced, elder individuals in roles that benefit from such experience, such as serving as a judge. However, age correlates with an increased prevalence of cognitive decline, and that correlation risks harming the judiciary’s legitimacy. This Article argues that constitutional incentives for federal judges permit lengthy judicial tenures, which increases the risk of …

Put Me In, Coach: Enhancing Foundational Lawyering Skills Across The Curriculum With Neurodivergent Law Students In Mind, Erica M. Lux

Mitchell Hamline Law Review

As more adults discover that they are neurodivergent, the law student population is likely to be no different, and legal education must adapt to support the skill development needs of neurodivergent students as they prepare to enter the profession. Neurodivergence is a non-medical term that refers to a variety of conditions resulting from changes to a person’s brain structure and function. More commonly, academic discussions around neurodivergence focus on autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD)—both of which have not been properly diagnosed over the past several decades. However, neurodivergence also incorporates anxiety disorders, obsessive-compulsive disorder (OCD), …

Amicus Incorporated, Adam N. Eckart

Mitchell Hamline Law Review

Attorneys have long advanced change through the court system—including through high-stakes, high-profile litigation in front of the Supreme Court of the United States. Attorneys appearing before the Court often represent individuals, nonprofit organizations, or the gov-ernment, and often seek to drive social reform through the platforms of their organizations. But attorneys representing big businesses also advo-cate for change through action at the Supreme Court. While businesses are not new to speaking out in front of the Court, they have become in-creasingly active in cases focused on social issues, including by submit-ting amicus briefs to the Court in support of a …

Justice For The Accomplice: Minnesota's 2023 Accomplice Liability Amendment And Its Shortcomings, John M. Thompson

Mitchell Hamline Law Review

No abstract provided.

Vicarious Liability In Sexual Misconduct Cases In Minnesota, Mike Steenson

Mitchell Hamline Law Review

Employers are vicariously liable for torts committed by their employees acting within the course and scope of their employment. The predominant test turns on whether the employee acted, at least in part, out of a desire to serve the employer’s interests. That test is problematic in cases involving intentional torts committed by an employee, particularly in sexual assault cases. Existing vicarious liability rules have been heavily criticized for the motive rule’s limiting effect, even where the nature of the employment may facilitate the tort. A minority of jurisdictions impose vicarious liability in cases where the tort is a characteristic risk …