Law and Society Commons^™

Les Mots Et Le Droit, Jean-Louis Sourioux

Proche-Orient, Études juridiques

No abstract provided.

Litigating The Youth Mental Health Crisis: Mechanisms To Regulate Addictive Social Media Design, Talia Elliott

Washington and Lee Law Review

While social media offers real benefits to users, such as providing access to information and facilitating the free exchange of ideas, excessive social media use is associated with increases in anxiety, depression, and other serious mental-health harms. Social media platforms are designed to maximize profit by capturing user attention, resulting in interfaces that are dangerously addictive and prone to exposing users to harmful content. Currently, social media users alone bear the burden of navigating the dangers of social media. This is untenable. Young users, whose less developed brains leave them more vulnerable to addictive design features, find self-regulation especially challenging. …

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

Abortion (Re)Federalization, Gerald S. Dickinson

Utah Law Review

 This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …

Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies

Utah Law Review

Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …

Other People's Poverty, Emmanuel Hiram Arnaud, Shaun Ossei-Owusu

Faculty Scholarship

Puerto Ricans have a relationship with the United States that is historically unparalleled. They have been citizens of the United States since 1917, served in every major conflict since World War I, and have been influential members of American culture, politics, and society. Yet, Puerto Rico is not fully part of the United States. The island of 3.2 million people— more than the population of eighteen states—is a U.S. territory. This means the federal government wields its complete and largely unrestrained plenary power over the Island, often treating Puerto Ricans differently than the rest of the United States. This differential …

Pragmatic Conceptualism, Public Nuisance, And The American Opioid Litigation, Benjamin C. Zipursky

Washington and Lee Law Review

Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the twentieth century. The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars of settlements. There is a plausible argument, however, that the doctrinal core of the opioid litigation is meritless because there simply is no “interference with public right” as required by public nuisance law. The first aim of this Article is to articulate and assess that argument. …

Editorial Foreword Ijsls Volume 5 Number 2, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Bodies In The Beds: How Reits, Private Equity Firms, And County Hospitals Monetize Nursing Home Residents As Real Estate Acquisitions, Daniel L. Hatcher

All Faculty Scholarship

Nursing home residents have become monetized targets of real estate acquisitions. Established in 1960, Real Estate Investment Trusts (REITs) were envisioned as allowing individuals to invest in commercial real estate without owning properties. That seemingly innocuous investment idea has led to the growth of a behind-the-scenes empire of little-understood conglomerates of REITs buying up nursing homes and other healthcare facilities across the country. Capitalizing on tax-exempt income incentives, exploiting “triple-net” leasebacks, funneling profits through subsidiaries, and shielding ownership and assets from the liability of operations, the corporatized owners extract cash from facilities and leave harm in their wake. And to …

Expanding The Cognitive Attentional Standards Platform Through Artificial Influence Assessment (Aia): Rationale, Development, And Measurement Design, Delante Clark

Graduate Scholarship and Creative Works

Artificial intelligence is increasingly shaping how individuals access information, make decisions, and interact with digital environments. The Cognitive Attentional Standards Platform (C.A.S.) was developed to assess attention related harms, cognitive safety, digital autonomy, and platform influence across digital systems (Clark, 2026). However, the growth of generative AI, conversational agents, and algorithmic decision support technologies has introduced new forms of influence that may not be fully captured by existing assessment domains. This paper proposes the Artificial Influence Assessment (AIA) as an expansion of the C.A.S. framework designed to measure AI mediated influence on cognition, behavior, autonomy, and information processing. Drawing on …

Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark

Graduate Scholarship and Creative Works

Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …

A Legal Comedy Of Errors: Foia’S Judicial Drama Over Who Controls The Oversight Script, Caroline Savini

Villanova Law Review (1956 - )

No abstract provided.

The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza

UNH Sports Law Review

The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury

Proche-Orient, Études juridiques

No abstract provided.

Fragile Hope And The Cultural Life Of Law, Shefali Jain

Socio-Legal Review

This review of Sandhya Fuchs’ Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press 2024) highlights that the book makes a genuinely original ethnographic and conceptual contribution to caste studies and hate crime scholarship. At the same time, the essay argues that there are three limitations to its framework that require greater engagement: the book’s failure to engage with the legal consciousness tradition in socio-legal scholarship, an underdeveloped account of “legal meliorism,” and an unresolved tension between the book’s stated commitment to victim-centred analysis and its ethnographic evidence that frequently discusses movement-level aspirations.

The Waqf (Amendment) Act 2025: Policy, Politics, And Performance, Noor Ameena

Journal of Law and Public Policy

This legislative note examines The Waqf (Amendment) Act at the intersection of religious minority rights and state control. It begins by outlining the concept of waqfs, their significance in the Muslim world, types of waqfs, and modalities of their creation. Providing a brief history of the regulation of waqfs, it highlights the close connection of these Muslim religious endowments with the history of Hindu religious endowments. It evaluates the 2025 legal developments across three key areas: (i) family waqfs, testamentary succession, and gender, (ii) ‘government property’, waqfs, and state appropriation, and (iii) waqf regulation as a potential infringement on religious …

International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama

Brooklyn Journal of International Law

Under international law, sovereign states are the primary subjects of rights and obligations and possess the authority to conclude treaties. Domestic constitutions typically allocate foreign affairs powers to national governments. Nonetheless, subnational governments—including prefectures—regularly engage in international activities. In some federal systems, constituent units are expressly authorized by their constitutions to conclude international agreements. By contrast, the Constitution of Japan vests foreign affairs authority exclusively in the national executive and is silent on the authority of prefectural governments. This Article uncovers and analyzes approximately 180 previously unexamined international commitments concluded by Japanese prefectural governments with foreign states, identified through information …

Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith

Journal of Feminist Scholarship

In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …

حقوق الإنسان في مناهج كليات الحقوق العراقية, وصفي الشرع

Proche-Orient, Études juridiques

No abstract provided.