303 Creative For Everyone?,
2025
Wayne State University Law School
303 Creative For Everyone?, Mark Satta
West Virginia Law Review
Does the holding in 303 Creative v. Elenis give businesses open to the public a constitutional right to refuse to provide expressive services for interracial couples’ weddings, interfaith couples’ weddings, or for couples’ weddings in which one or both partners are disabled? As indicated by questions raised during oral arguments, this is one of the troubling new legal questions created by the Supreme Court’s 303 Creative decision where the Court held that a Colorado web design business had a First Amendment free speech right to refuse to provide wedding website services for same-sex couples’ weddings. Understandably, both the Court’s conservative …
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism,
2025
CUNY Graduate Center
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes
Dissertations, Theses, and Capstone Projects
In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.
Proposed Cloud Services Sourcing Rule: The Right Direction,
2025
University of Michigan Law School
Proposed Cloud Services Sourcing Rule: The Right Direction, Reuven Avi-Yonah, Jeffery M. Kadet, Karen Sam
Articles
This past January, in conjunction with the issuance of a final regulation (T.D. 10022) that treats income from defined cloud transactions as income from services, Treasury and the IRS released a proposed regulation (REG-107420-24) on the sourcing of that income. In 2019 a Treasury official had asked the tax community for feedback on whether specific cloud transaction sourcing rules were needed, and the preamble to a 2019 proposed regulation asked for comments on “administrable rules for sourcing income from cloud transactions in a manner consistent with sections 861 through 865.” The feedback was “split almost evenly with regard to whether …
Teaching Strategies For Building Belonging And Creating Community In Online And In-Person Legal Education,
2025
USC Gould School of Law
Teaching Strategies For Building Belonging And Creating Community In Online And In-Person Legal Education, Sara J. Berman, Barrett L. Schreiner
St. Mary's Law Journal
No abstract provided.
Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York,
2025
CUNY Graduate Center
Scripted For Surveillance: Parole Revocation Hearings And The Performance Of Procedure In New York, Kelsey G. Greeff
Dissertations, Theses, and Capstone Projects
This thesis examines parole revocation hearings in New York as complex performances that extend carceral control beyond prison walls. Drawing on a composite vignette from the Bronx parole court, it analyzes the interplay between procedural reform, constitutional due process, and neoliberal governance. Using a dramaturgical framework informed by Michel Foucault’s discourse analysis and Judith Butler’s theory of performativity, the study identifies four interrelated processes: the judge as director, who orchestrates hearings according to institutional priorities; normalization, where repetition embeds structural inequality as routine; type-marking, the classification of parolees into predefined roles through accumulated records and cues; and the extension of …
The Shadow Of Legal Pluralism In Indonesian Islamic Courts: Child And Spousal Maintenance,
2025
Universitas Bina Nusantara
The Shadow Of Legal Pluralism In Indonesian Islamic Courts: Child And Spousal Maintenance, Stijn Cornelis Van Huis
The Indonesian Journal of Socio-Legal Studies
This paper is inspired by Franz von Benda-Beckmann’s notion of “bargaining in the shadow of legal pluralism” and applies this notion to spousal and child maintenance negotiations that take place between judges, husbands and wives within divorce processes at Indonesian Islamic courts. I will argue that in the context of Muslim family law practice in Indonesia, the legal plural situation does not only influence out-of-court negotiations, but formal legal processes within the Islamic courts as well. It follows Keebet von Benda-Beckmann’s example in analyzing the legal plural dynamics of women’s claiming process comprehensively, by investigating the interconnectedness of the pre-trial, …
Organizing For Abolition In Ice Custody,
2025
Boston University School of Law
Organizing For Abolition In Ice Custody, Sarah R. Sherman-Stokes
Faculty Scholarship
The final Immigration and Customs Enforcement (“ICE”) detainees were released from the Irwin County Detention Center in early September 2021.2 A court did not order the end of ICE detention at Irwin. A social movement, led by people detained at Irwin, had a pronounced impact on the epistemological landscape and changed both normative principles and public opinion.3 Those detained at Irwin organized and acted to create new understanding of law and protect their rights in ways that courts and legislatures could not. This Essay tells the story of that demosprudential project; a dialectic between legal elites and people …
Constitutional Futurisms,
2025
Northwestern Pritzker School of Law
Constitutional Futurisms, Jeremiah Chin
Northwestern University Law Review
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
Toward A Perpetual Practice Of Affirmative Action,
2025
Northwestern Pritzker School of Law
Toward A Perpetual Practice Of Affirmative Action, Sheldon Bernard Lyke
Northwestern University Law Review
Despite perceptions that affirmative action is “dead” following the Supreme Court ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), this Essay argues that affirmative action remains crucial for addressing racial bias in admissions processes. This Essay examines the strict scrutiny standard, which requires that any use of race must serve a compelling government interest and be narrowly tailored to achieve that interest. Courts have interpreted the narrowly tailored prong of this standard to include a logical end point requirement, which mandates that race-conscious measures must have a clear and limited …
Infrastructure Equality,
2025
Northwestern Pritzker School of Law
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis,
2025
Faculty of Law, Universitas Indonesia
Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer
Indonesia Law Review
One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid,
2025
Northwestern Pritzker School of Law
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan
Northwestern University Law Review
In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …
Not Colorblind,
2025
Northwestern Pritzker School of Law
Not Colorblind, Kimberly West-Faulcon
Northwestern University Law Review
This Essay criticizes the use of the term “colorblind” in reference to attacks on racial diversity, equity, and inclusion (DEI) policies. It argues it is inapt and unconscionably obtuse to use colorblindness terminology to selectively target inclusion-motivated race consciousness for automatic illegality. The Essay’s central project is to examine claims underlying attacks on racial inclusion policies such as the Students for Fair Admissions, Inc. v. President and Fellows of Harvard College lawsuit to expose the legal endgame that anti-DEI forces seek to make a centerpiece of America’s future. In so doing, it surfaces the differential scrutiny of race consciousness …
Crisis Convergence,
2025
Northwestern Pritzker School of Law
Crisis Convergence, Sarah Medina Camiscoli
Northwestern University Law Review
Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …
Reforming The Indian Bar: The Limits Of Technological Solutions,
2025
National Law School of India University, Bengaluru
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Articles
A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …
Law School News : A New Class Of Changemakers : Record-Breaking Class Of 2028 Begins Legal Education 08-26-2025,
2025
Roger Williams University School of Law
Law School News : A New Class Of Changemakers : Record-Breaking Class Of 2028 Begins Legal Education 08-26-2025, Suzi Morales
Life of the Law School (1993- )
No abstract provided.
Vol. 69, No. 03 (September 8, 2025),
2025
Maurer School of Law: Indiana University
Vol. 69, No. 02 (September 1, 2025),
2025
Maurer School of Law: Indiana University
Vol. 69, No. 01 (August 25, 2025),
2025
Maurer School of Law: Indiana University
Inaction As Nonformal Reaction: Rethinking Crime Perception In The Era Of Data Breaches,
2025
Monash University, Australia
Inaction As Nonformal Reaction: Rethinking Crime Perception In The Era Of Data Breaches, Irnasya Shafira Hadi
Jurnal Kriminologi Indonesia
This study analyses the Indonesian public’s response to government data breaches and advocates for an expanded defintion of nonformal reactions to crime in the digital context. It argues that existing criminological frameworks, particularly Mustofa’s (2021) model—which views nonformal reactions as active and confrontational behaviours such as demonstrations or vigilantism—should also acknowledge inaction, apathy, and emotional disengagement as valid public reactions. This paper employs a conceptual-qualitative approach, combining an interdisciplinary literature review, interpretive policy analysis of the Personal Data Protection Law, and triangulation with digital behaviour data to develop its analysis. This paper reframes apathy as a significant criminological indicator of …
