Law and Society Commons^™

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley

Journal of Intellectual Property Law

Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, …

Concentration And Coordination: Antitrust Perspectives On Single-Family Rentals, Margaret Traubert

University of Cincinnati Law Review

No abstract provided.

When Artificial Intelligence Becomes Emotional Intelligence: Rethinking Section 230 Liability For Ai As A Pseudo-Therapist, Kennedy Aikey

University of Cincinnati Law Review

No abstract provided.

Droit Et Expressivité : Paradoxe Ou Réalité ?, Nada Kfouri Khoury

Proche-Orient, Études juridiques

No abstract provided.

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.

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 …

Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

The governance of digitalization—which encompasses developments such as artificial intelligence (AI) and central bank digital currencies (CBDCs)—confronts serious challenges. At the core of these challenges are uncertainties, which form the central obstacle to effective governance. These uncertainties range from cyber risks to shifting societal responses. Law, as an institutionalized framework of governance, faces mounting pressure and wrestles with a fundamental vulnerability: traditional legal frameworks struggle to address uncertainties in digitalization. To tackle the pervasive challenges of uncertainties, this article addresses two connected questions: What uncertainties does law face in governing digitalization shaped by emerging technologies? How can a learning-oriented governance …

Dealing With The Wrongs And The Rights: Lessons On Lethal Self-Defense From Durham, North Carolina, Emily Bass

DePaul Journal for Social Justice

The tragic loss of seventeen-year-old Trayvon Martin and the lack of accountability that George Zimmerman faced for fatally shooting him in their Florida neighborhood inspired countless calls for politicians to reexamine self-defense laws. Still, long before stand-your-ground laws, the same racist undertones that plagued Zimmerman’s trial prevented other state courts from holding accountable those who use excessive force in proclaimed “self-defense” and killed Black teenagers.

In 1993, then fifteen-year-old Jamal Elliott and several of his friends broke into the garage of Durham, North Carolina resident Michael Seagroves, hoping to steal a motorcycle. As Jamal ran from the garage, Seagroves shot …

Legal Academia And Permanent Democracy: The Fault In Our Law Schools, Sara Dillon

DePaul Journal for Social Justice

It is widely recognized that the American Constitution is failing as the foundational document of a modern democracy. Although many basic principles of constitutionalism have faded into irrelevance, with rising authoritarianism eclipsing such core ideals as judicial independence, separation of powers and restraints on arbitrary use of power, America’s nearly 200 institutions of legal teaching and scholarship have provided little in the way of proposals for urgently needed law reform. It is striking that even with so many high-powered academic institutions, so few meaningful proposals for constitutional change have been presented to the public as a way out of our …

Leveraging Citizen Science To Advance Environmental Justice In Climate-Vulnerable Communities Post-Loper Bright, Lauren Valli

Seattle Journal of Technology, Environmental, & Innovation Law

The Supreme Court’s 2024 decision in Loper Bright Enterprises v.

Raimondo removed the judicial obligation to defer to the Environmental

Protection Agency’s statutory interpretations, overturning forty years of

Chevron v. NRDC jurisprudence. Now, generalist judges must

independently evaluate complex scientific data when determining

statutory meaning, creating the risk that well-resourced industry parties

will use their litigation advantages to secure pollution-permissive statutory

interpretations. Without deference to EPA’s technical understanding and

public welfare considerations, environmental litigation outcomes

increasingly depend on which party can most persuasively present

environmental data in court. This interpretation shift widens the

environmental enforcement gap and disproportionately harms historically …

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Ai Is Taking Over!: A New Generation Of Unemployment Fears, Amaya V. Hepburn

Student Scholar Symposium Abstracts and Posters

The growing panic surrounding AI taking over the workforce is strong in a distinct group of demographics, in contrast to the fear of computers taking over the workforce that was seen in previous generations. This suggests that AI developments have sparked a wave of fear that is unlike the fear of tech developments in the past. I have discovered that this fear is prevalent across several demographics: age, employment, and income. By cross-analyzing through the 2017 and 2025 fear surveys, I discovered that fear of AI is more prevalent in younger generations and is more threatening to students entering the …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

The Circuit Court Interim Docket, Jeffrey Paul Desousa, Casey Witte, Jacob Eisler

University of Miami Law Review

While there has been increased interest in the Supreme Court’s use of emergency applications to decide substantive legal questions on an interim basis (sometimes called, controversially, the “shadow docket,” or sometimes the “emergency docket,” though more aptly labeled the “interim docket”), equivalent practices at the appellate level have largely been overlooked. Yet these practices—the use of stays, injunctions, and similar urgent interventions against trial court rulings—have significant parallels to their Supreme Court counterparts. This Article sheds light on the courts of appeals’ interim practice, with a focus on the Eleventh Circuit. It first reviews the procedures that govern interim practice …

From Claiborne To Climate: Anti-Esg Boycott Legislation And Corporate First Amendment Rights, Ingrid Tjendro

Fordham Law Review Online

Since 2021, at least twenty-one states have enacted laws targeting financial institutions and companies that incorporate environmental, social, and governance (ESG) considerations into their business practices. This Comment examines the First Amendment implications of one specific category of such legislation—state anti-ESG boycott statutes—and argues that they constitute an unconstitutional suppression of protected corporate speech and association.

Drawing on traditional anti-boycott jurisprudence, including NAACP v. Claiborne Hardware Co. and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., and the circuit split over anti-Israel boycott legislation, this Comment centers on the recent decision in American Sustainable Business Council v. Hegar …

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …

Plea Bargain Skepticism When Companies Kill People, Peter R. Reilly

Faculty Scholarship

In 2018 and 2019, two Boeing 737 MAX airplanes fell from the sky, killing 346 people—one of the deadliest corporate crimes in U.S. history. Instead of taking the case to trial, the United States Department of Justice (“DOJ”) addressed the matter by using two different alternative dispute resolution vehicles. First, Boeing was given a three-year deferred prosecution agree-ment. That deal was canceled when DOJ determined the company had breached it. Next, Boeing was given a plea bargain. This Article argues that federal courts, which are empowered to approve or reject plea deals, should be skeptical when the government turns to …

Court-Stripping, Court-Packing, And Court Defying: Revisiting The Supreme Court’S Essential Functions, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

The "essential functions thesis" is one of the most famous structural arguments in the field of federal courts. The thesis, which has been endorsed by a number of prominent scholars and the executive branch, posits that there are implicit, structural limits on Congress's authority to "strip" the Supreme Court of its appellate jurisdiction. Court-stripping, the thesis contends, is not allowed if it would undermine the essential functions of the Court-in particular, maintaining the supremacy and uniformity of federal law. In this Article, we revisit that thesis with three goals in mind. First, we aim to show that the structural arguments …

Reflections On The Use And Misuse Of Economic Analysis In Copyright, Glynn Lunney

Faculty Scholarship

Economic analysis has long been used to justify copyright regulation. Long before the Statute of Anne, the Stationer’s Guild told the story of the copying competitor, who in the absence of regulation, would copy every original book and offer it for less. In the story, the coping competitor would, in the absence of regulation, deprive the original author of an opportunity to recoup their authorship investment, and so lead to a world where no books at all would be published. To ensure sufficient incentives for authorship, some degree of copyright regulation was thought essential. At the same time, in the …

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

Reorganizing The Administrative State: Executive Ambition And Legislative Constraint, Jordan Graber

Fordham Law Review

Beginning in the 1930s, Congress enacted a series of statutes granting presidents the authority to initiate reorganizations of the administrative state. Under these reorganization statutes, the president determined any necessary changes in agency organization and submitted a reorganization proposal to Congress, which could approve or reject the plan. Over the next fifty years, the president and Congress worked cooperatively to promote the effective and efficient functioning of the administrative state.

Despite the successful reorganization initiatives undertaken pursuant to these statutes, Congress has not conferred reorganization authority on any president in the last four decades. As a result, the organization of …

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …

How Ai Destroys Institutions, Woodrow Hartzog, Jessica Silbey

Faculty Scholarship

Civic institutions—the rule of law, universities, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies encourage cooperation and stability, while also adapting to changing circumstances. The real superpower of institutions is their ability to evolve and adapt within a hierarchy of authority and a framework for roles and rules, while maintaining legitimacy for the knowledge produced and the actions taken. Purpose-driven institutions built around transparency, cooperation, and accountability empower individuals to take intellectual risks and challenge the status quo. This happens through the machinations of interpersonal relationships within those institutions, which broaden …