Digital Commons Network^™

The Securities And Environment Commission? The Sec Greenhouse Gas Disclosure Rule For Investment Advisers And Companies And The Fight Against Administrative Overreach, Isaiah P. Harlan

Northern Illinois University Law Review

This article discusses the 2022 Supreme Court case West Virginia v. EPA in which the Supreme Court utilized the Major Questions Doctrine to analyze the EPA’s Clean Power Plan. After detailing the litigation leading up to and the ultimate decision in West Virginia v. EPA, I describe the SEC’s proposed rule requiring enhanced environmental disclosures and analyze the cited statutory authority in the proposed rule. Based upon the statutory and case law analysis that I have done, I conclude that the SEC has acted outside of the scope of its congressionally delegated authority.

Esg Factors In Municipal Securities Disclosures: Toward A Materiality Concept, Justin Marlowe

Northern Illinois University Law Review

State and local governments in the United States finance most of their infrastructure investment with debt instruments known as municipal bonds. The federal government does not directly regulate when or how municipal issuers access the municipal bond market, and only indirectly regulates the content of municipal borrowers’ disclosure to investors. A consequence of that unique regulatory structure is that municipal borrowers have wide discretion on whether to disclose falling property values, rising crime rates, and other long-term threats to their ability to repay investors. This is at odds with the ever-expanding information needs of investors who seek to align their …

No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, Philip S. Goldberg, Andrew J. Trask

University of Massachusetts Law Review

Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ fees. This article explores why strategic vagueness in plaintiffs’ filings and a lack of vigorous analysis by the courts have allowed no-benefit class actions to unnecessarily consume court resources. The article concludes by offering suggestions for how courts can alleviate some of this pressure, primarily by …

Empower The Imposters In The Legal Field: Teaching & Practicing Mindfulness For Letting Go Of Unproductive Thoughts, Katerina Lewinbuk, Kurstin Grady

Northern Illinois University Law Review

Imposter syndrome, initially coined “imposter phenomenon” by psychologists Pauline Clance and Suzanne Imes, refers to “a psychological experience of intellectual and professional fraudulence.” Those who suffer from imposter syndrome typically experience an all-encompassing fear they are not as intelligent, successful, or accomplished as their qualifications suggest, and thus are bound to ultimately be exposed as “frauds.” To counter these feelings, those who struggle with imposter syndrome set unrealistically high goals for themselves, only to be dissatisfied with any performance that is short of perfection. Over time, this ongoing psychological pressure leads to poor emotional well-being, decreased senses of self-confidence and …

Anti-Lgbt Legislation In Florida: A Prime Example Of States Mentally Harming Lgbt Youth, Kyla Tinsley

Northern Illinois University Law Review

While there has been a growing societal acceptance of LGBT individuals throughout the decades, anti-LGBT bills and laws within the states are on the rise—in particular, bills against LGBT youth. The most famous anti-LGBT law currently in place is Florida’s “Parental Rights in Education” law. The prevalence and inconsistent application of such legislation raises constitutional questions surrounding the rights of LGBT youth, as well as the negative effects the legislation has had on LGBT youth’s mental health and their perception of the legal system they are supposed to trust in and rely on. This Article discusses the impact state anti-LGBT …

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …

Authentication Of Cybernetic Avatars And Legal System Challenges; With A View To The Trial Concept Of New Dimensional Domain Jurisprudence (Ai, Robot, And Avatar Law), Fumio Shimpo

Japanese Society and Culture

This article aims to illustrate the basis for the development of authentication, which will be the foundation of future cybernetic-avatar (CA) infrastructures, enabling the safe and secure use of CA’s. This will be realised by the authentication of CA operators (User Authentication Technology), identification and authentication of CA’s (CA Authentication), and ensuring connectivity and existence between operators (User Entities) and the CA’s themselves (CA Notarisation). An ELSI (Ethical, Legal, Social Implications) research platform will be established, to develop a new dimension of the legal field, that is, AI, Robot, and Avatar Law to solve the social issues and realise an …

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.

The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted

University of Massachusetts Law Review

Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …

Exploited: The Unexpected Victims Of Animal Agriculture, Caitlin Kelly

Animal Law Review

Awareness of how nonhuman animals suffer in animal agriculture has been growing for years. But are they the only victims? Selling the products and parts of hundreds of millions of animals in the United States every year requires someone to manage those animals. It requires someone to kill those animals. And it requires someone to dismember those animals long before they ever reach the neat rows of plastic wrapped packaging at the grocery store. To accomplish this process at an industrial scale means hundreds to thousands of animals are together in barns which reek of their waste and create biohazards …

False Confessions And Police Torture In Mississippi, Chloe Ard

Merge

No abstract provided.

Emergency Surgery: A Plea For Student Debt Relief, Stephen Urciolo

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Sec V. Ripple Labs, Inc.: Securities Vs. Cryptocurrency, Ellie Kaufman

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Pampena V. Musk: Securities - Securities Fraud, Conner Mitchell

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Coster V. Uip Companies, Inc.: Corporate - Delaware Board Elections, William Gass

Transactions: The Tennessee Journal of Business Law

No abstract provided.

In Re Rs Air, Llc.: Bankruptcy - Alter Ego Theory, Paul Henken

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Tennessee V. Nat'l Collegiate Athletic Ass'n: Contracts - Name, Image And Likeness, David Draper

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Establishing A Future-Proof Framework For Ai Regulation: Balancing Ethics, Transparency, And Innovation, Marcia Narine Weldon, Gabrielle Thomas, Lauren Skidmore

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Corporate Purpose And The Road, William P. Murray, J. Haskell Murray

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Weighing The Costs Of, And Authority For, A Mandatory Climate Disclosure Regime, Dean John P. Anderson

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …

After Affirmative Action, Meera E. Deo

Seattle University Law Review

This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …

Metals Derivatives Markets And The Energy Transition, Colleen Baker, James W. Coleman

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Keynote Address: Law Schools Need Curricular Reform: Time To Address Transactional Students' Needs, Stephanie Hunter Mcmahon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Having Fun While Learning: Pedagogical Techniques For Teaching Contract Drafting, Robin Boyle

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Transactional Skills For Tomorrow, Adam Eckart

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Teaching Transaction Planning And Project Management, Michelle Sonu

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Teaching The Choice Between Vagueness And Precision In Contracts, Naveen Thomas

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Empty Space In The Teaching Of Commercial Law: An Argument For Including Article 7 Of The Ucc In The Commercial Law Curriculum, Glenys Spence

Transactions: The Tennessee Journal of Business Law

No abstract provided.