Law Commons^™

Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni

St. Mary's Law Journal

The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …

Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth

St. Mary's Law Journal

No abstract provided.

Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds

Cybersecurity Undergraduate Research Showcase

The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.

Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …

The Role Of A Judge In An Electoral Autocracy, Aparna Chandra

Popular Media

In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.

The Americans With Disabilities Act: Website Accessibility And A Foreign Solution To A Domestic Problem, James Toye

St. Mary's Law Journal

No abstract provided.

Anticipating The Needs Of Future Law Students Based On Current Post-Pandemic National Reading Comprehension Test Scores, Nicole R. Chong, J.D.

Lincoln Memorial University Law Review Archive

The current state of education in the elementary, middle, and high school levels regarding students’ reading comprehension skills is bleak. Post-pandemic scores are showing up to a thirty-year backslide in reading comprehension testing scores. These concerning decreases do not bode well for students who may enter law schools one day. Let’s anticipate those needs by thinking ahead of ways to remedy potential shortcomings. Reading comprehension is tied closely to the skills of critical reading and thinking. Other scholars have written extensively in the legal academia field about critical reading and thinking. In fact, no one likely would dispute that critical …

Ethical Implications Of Utilizing Generative Artificial Intelligence In The Legal Profession: A Cautionary Note On Potential Model Rules Of Professional Conduct Violations, Rachel Schworer

Lincoln Memorial University Law Review Archive

The increased use of generative artificial intelligence (“GAI”) in the legal profession raises ethical questions. As a result, this note contemplates some state-adopted Model Rules of Professional Conduct that lawyers could violate if they improperly use GAI or fail to use GAI altogether. GAI enables lawyers to increase their efficiency, enhance their decision-making, and provide cost-efficient services to clients. However, GAI also presents lawyers with biased outputs, a lack of explainability, and hallucinations, as seen in recent cases when ChatGPT cited fictitious cases to lawyers. Lawyers must know all the benefits and risks to remain competent in this technology. They …

Rethinking Law School Admissions, Carson Kovalic

Lincoln Memorial University Law Review Archive

Taking the Law School Admissions Test ("LSAT") has been required for law school admission for almost a century. The exam has changed over the years, but a higher score on the LSAT has been a significant indicator of one’s acceptance into the vastly sought-after legal profession. This note addresses the changes needed to cater to more well-rounded law students and attorneys upon passing the bar exam. This note does not seek to eradicate the LSAT in its entirety; instead, law schools should place less emphasis on the LSAT and more on other factors such as undergraduate GPA, extracurriculars, and prior …

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 …

Where There’S An Electronic Will, There’S A Way: Evaluating The Potential Power Of Electronically Executed And Stored Wills For Appalachian Communities, Grace Keel Buchanan

Lincoln Memorial University Law Review Archive

Based on the rise of electronic media and the difficulty for lower-income communities, specifically rural Appalachia, to build intergenerational wealth, some states have enacted statutes allowing courts to hold electronically created and stored wills to be held valid. By analyzing the current precedent in the United States and beyond concerning electronic wills and the socioeconomic state of Appalachia, the note argues that states should enact legislation to change the Wills Act to give electronic wills in multiple forms full effect by probate courts as long as they are appropriately attested to electronically. The court should recognize the electronic will as …

The Next Thirty Years: Developments In Mandamus Jurisprudence In The Last Thirty Years And Why The General Rule That Mandamus Is Unavailable To Review The Denial Of Summary Judgment Is Inconsistent With Modern Mandamus Jurisprudence Under The In Re Prudential Balancing Test, Timothy Delabar

St. Mary's Law Journal

No abstract provided.

Mass Incarceration, Violent Crimes, And Lengthy Sentences: Using The Race-Class Narrative As A Messaging Framework For Shortening Prison Sentences, Eric Petterson

St. Mary's Law Journal

No abstract provided.

Full Speed Ahead? Reexamining Texas's Approach To Eminent Domain, Emma Blackmon

Texas A&M Journal of Property Law

Property rights are traditionally held sacred in Texas. But through eminent domain, landowners lose their property rights, purportedly in service of the broader public. Sometimes, the legislature confers eminent domain power on for-profit companies. Landowners are then forced to surrender their property while the companies benefit economically. The result is that landowners are stripped of the right to fully use and enjoy their property.

The recent Texas Supreme Court case, Miles v. Texas Central Railroad & Infrastructure, Inc., demonstrates the tension between property rights and economic development created by eminent domain. Facially, Miles concerns whether a for-profit company’s high-speed …

Fiesta: Celebrating Latin Excellence, Cardozo Latin American Law Student Association (Lalsa)

Flyers 2023-2024

No abstract provided.

Analyzing The Role Of Cybersecurity In Correctional Facilities, Jaysia I. Leeheung

Cybersecurity Undergraduate Research Showcase

In recent years, the use of technology has evolved in correctional facilities which may result in more vulnerabilities in correctional facilities systems. This study analyzes the types of security measures used in correctional facilities to stop cyber attacks such as firewalls, artificial intelligence, and facial recognition systems. The analysis also examines new challenges correctional facilities may face in cyber security and prevention strategies that will enhance cyber protection in correctional facilities. Additionally, this analysis compares the implementation of cyber security methods between jails and prisons.

Barcoding Bodies: Rfid Technology And The Perils Of E-Carceration, Jackson Samples

Duke Law & Technology Review

Electronic surveillance now plays a central role in the criminal legal system. Every year, hundreds of thousands of people are tracked by ankle monitors and smartphone technology. And frighteningly, commentators and policymakers have now proposed implanting radio frequency identification (“RFID”) chips into people’s bodies for surveillance purposes. This Note examines the unique risks of these proposals—particularly with respect to people on probation and parole—and argues that RFID implants would constitute a systematic violation of individual privacy and bodily integrity. As a result, they would also violate the Fourth Amendment.

Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone

Duke Law & Technology Review

In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …

A Tall Summit: Securing Lasting, Reliable Public Access For Recreational Use On Colorado’S Privately Owned Fourteeners, Michael Betrus

Texas A&M Journal of Property Law

From the National Scenic Trails to mountains to other destinations in nature drawing the public’s interest and time for recreational activities, privately owned land can cause difficulties in ensuring reliable and consistent public access. A specific example is the Decalibron Loop, a trail in Colorado linking together a few mountains; public access has wavered over the years, and a recent Tenth Circuit case, Nelson v. United States, greatly affected landowner dispositions—particularly with regard to liability—toward the privately owned property. Similar situations across the country provide a variety of potential approaches to helping provide public access and reducing landowner concerns.

With …

All Aboard: Understanding Property Rights In Texas After Texas Central, Asher K. Gregg

Texas A&M Journal of Property Law

Our forefathers intended the United States Bill of Rights to protect individuals from government overreach. Specifically, the Fifth Amendment, as applied to the States via the Fourteenth Amendment, in part protects individuals from unnecessary takings. Eminent domain authority—its more common name—has long been recognized as a power to be used cautiously and only when necessary. Although most often associated with government exercise, states are permitted to grant this unyielding authority to private entities via their state constitutions and statutes. Despite Texas serving as a beacon for individual property rights, the Texas Supreme Court’s recent decision in Miles v. Texas Central …

Far Out: The Extended Denial Of Public Access To Psychedelic Therapeutics, Andrew R. Waldeck

Texas A&M Journal of Property Law

The United States patent regime is designed to promote dissemination of information that undergirds a particular innovation. To incentivize disclosure, inventors are granted a time-limited right to exclude others from practicing the invention, thereby affording the inventor a period in which to commercialize and financially benefit from their inventive contribution. The disclosure provides information sufficient for one of skill in the relevant art to make and use the invention, and the public may freely do so upon the patent’s expiry. Global advancement of human medicine is fundamentally intertwined with the United States patent system; medical progress largely depends upon the …

Unequal Land: Towards Full Recognition Of Indigenous People’S Religious Rights, Emily Campbell

Texas A&M Journal of Property Law

Indigenous people face disparate treatment regarding religious free-exercise claims in the United States court system. Specifically, courts misconstrue native religious practices and hold native religious practitioners to a higher standard of proof than practitioners of mainstream religions in their free-exercise claims. This Article analyzes the history of oppression of indigenous people in the United States and the congressional intent to remedy such oppression through legislation. Further, this Article argues that despite Congress’s efforts to remedy the oppression of indigenous peoples, courts still utilize a problematic analysis of indigenous free-exercise claims. To resolve the inconsistent treatment between native and mainstream religious …

The Lack Of Victim Protection In The Enforcement Of The Trafficking Victims Protection Act, Kelly R. Fitzgerald Valiev

Texas A&M Journal of Property Law

Over the past twenty-two years, United States federal courts have seen many cases regarding forced labor and the importation of goods produced by victims of forced labor trafficking. To resolve these cases, the court must interpret § 307 of the Tariff Act to determine whether victims can recover against their traffickers. Recently, an issue in the interpretation of forced labor has arisen in courts: whether an attempt at importing goods is sufficient to establish a cause of action as a violation of the Trafficking Victims Protection Reauthorization Act’s prohibition on forced labor imports. Courts that interpret forced labor narrowly to …

Keeping Up With The Joneses: Texas’ Nil Battle For Student-Athletes, Stephanie Garner

Texas A&M Journal of Property Law

Starting in 2021, college athletes could earn financial compensation from their name, image, and likeness (“NIL”). With the change in laws, the National Collegiate Athletic Association (“NCAA”) created an interim regulation for states to follow. After the Supreme Court decision, some states’ trigger laws went into effect, some states made new NIL regulations, and some states continued to follow the regulation set out by the NCAA. With all these laws and no federal regulation, each state stands on different footing. In Texas, a restrictive NIL statute will affect its recruiting for years unless adjusted. This Comment suggests improvements to the …

Can They Fix It? Yes, They Can: Rebalancing The Scale Of Financial Security On Construction Projects, Allie Grubb

Texas A&M Journal of Property Law

The construction industry is one of the most dominant industries worldwide. The United States is no stranger to development and growth, and as so, it possesses one of the largest construction industries in the world. Given the magnitude of the industry, it is no secret that every party involved in a construction project feels the loom of financial risks and that such risks continue to plague the industry. The government, particularly the legislature, has a special influence in that the laws it passes can either encourage continued development and make the industry flourish or bring it to a complete stop, …

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Symposium: Gender, Health & The Constitution: On The Constitutional Requirement For Adequate Prenatal Care Post-Dobbs, Ainslee Johnson-Brown

ConLawNOW

This Essay argues that state abortion statutes codifying government interests in the health and welfare of the unborn trigger a constitutional right to prenatal care where adequate medical care is constitutionally required in the penal system. It explores the healthcare mandates required by the U.S. Constitution in the era before the passage of the Supreme Court’s decision in Dobbs, specifically looking at abortion access and prenatal provisions in the penological system. It then dissects abortion-related legislation passed by various states in the wake of Dobbs—emphasizing language within the legislative findings that could trigger a constitutional obligation for prenatal …

Illicit Drug Usage And Juvenile Justice System Involvement, Selene Chavez Saucedo, April Terry

SACAD: John Heinrichs Scholarly and Creative Activity Days

Drug usage is strongly associated with significant social and psychological problems for youth, including juvenile justice system involvement. Research shows that approximately 4.5 million youth, ages 12-17, have used an illicit drug in the past year. Youth drug usage is related to juvenile justice system involvement. In fact, substance abuse is a top eight risk factor for juvenile offending and reoffending. Once youth are involved within the judicial system, the correctional system must then assume the responsibility of intervening in the youth cycle of drugs and delinquent behavior. Unfortunately, research shows that substance use treatment is available only sporadically for …

Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Lgbtq+ Youth In The Juvenile Justice System, Matthias B. Pearce, April Terry

SACAD: John Heinrichs Scholarly and Creative Activity Days

Many experts agree that the juvenile justice system has flaws, resulting in the need for different modifications. One area of particular concern within the juvenile justice system is the involvement of LGBTQ+ youth. LGBTQ+ youth are grossly overrepresented in both the juvenile and adult systems, including those who are incarcerated. This rate is highest for queer women and trans, non-binary, and gender non-conforming individuals (Buist, 2020; Donohue et al., 2021; Hereth & Bouris, 2020). This known pathway clearly depicts a systemic issue—one that warrants attention and remediation. This poster provides background information on the disparities that exist for LGBTQ+ youth …