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Fall 2025: Antimatter

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie

Beyond Democracy: How A Free Press Supports The Rule Of Law, Erin C. Carroll

Cardozo Law Review

Widespread agreement has existed for centuries that a free press is essential to democracy. But legal scholars have spent almost no effort thinking about why else we might need a free press. This article attempts to widen the aperture. It argues that as the free press is essential to democracy, it is just as essential to a separate value: the rule of law. Recognizing and investigating the connections between the free press and the rule of law is essential right now. It can help us discern how the press can create friction against the erosion of both rule of law …

Law School Announcements 2025-2026, Law School Announcements Editors

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Vestigial Fiscal Constitutions, Joe Schomberg

St. John's Law Review

(Excerpt)

This Article examines the history and original intent of fiscal constitutions in the United States, providing helpful context for their usefulness today. It argues that, due to the rigidity of states’ fiscal constitutions, they are ultimately ineffective at preventing state and local governments from incurring more and more debt. Ultimately, it suggests that the weakness of state fiscal constitutions is a result of their functionality being overtaken by increased efficiencies in the capital markets and Tiebout-Tullock markets. Our state fiscal constitutions have suffered the same fate as our wisdom teeth or appendixes—they have become less useful and less relied …

Realities Of Mexican Civil Society Organizations: Index For The Promotion Of Activities Of Civil Society Organizations, Pablo Armando Gonzalez Ulloa Aguirre

Journal of Nonprofit Innovation

This article presents the findings derived from the construction of an Index that evaluates the state of promotion of Civil Society Organizations (CSOs) across Mexico’s 32 federal entities during the year 2021. It also outlines the criteria considered in building the Index and the results obtained in each of its dimensions. The Index provides a comprehensive and multidimensional perspective on the study of CSO promotion, analyzing legal, institutional, and programmatic dimensions with the aim of comparing progress and setbacks in this area. In doing so, it offers an opportunity to improve certain aspects as more data is generated and made …

Addressing The Abuse Of Monopsony Power In Labor Markets: Examining Potential Public And Civil Law Remedies And Sanctions, Zofia M. Mazur

Yearbook of Antitrust and Regulatory Studies

Although thousands of reported cases involve allegations of firms illegally forming cartels in product markets, relatively few deal with similar allegations in labor markets. Moreover, as observed in legal doctrine, labor markets tend to be more concentrated than product markets and, consequently, more susceptible to anticompetitive conducts by undertakings. The article, therefore, analyzes the so-called monopsony power in the labor market, which refers to any case where employers hold labor market power that allows them to unilaterally determine wages or to worsen working conditions by reducing employment.

It is argued that competition law should be used to effectively curb abuse …

The Invisible Chains: Framing Abuse Of Dominant Position In Labor Markets, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

This paper examines how the concept of abuse of dominant position can be applied to the labour markets, where demand-side concentration and supply-side fragmentation generate monopsonistic dynamics that suppress wages, limit mobility, and reduce job security. It argues that traditional antitrust tools can be adapted to labour-specific contexts by redefining market boundaries through commuting zones, occupational substitutability, and recognition of artificial fragmentation. The study also addresses how exploitative practices such as non-compete agreements illustrate the concrete impact of employer power, and it highlights the need for a more coherent regulatory approach. Ultimately, it suggests that competition law, when enforced alongside …

Paws Off My Image: Why Rights Of Publicity Should Be Expanded, Lauren Didelot

Journal of Intellectual Property Law

In our increasingly digital world, exposure to fame and fortune has become more accessible than ever, and many pet owners have taken advantage of this. The rise of “petfluencers” has called into question the extent of available rights of these celebrity animals’ owners to protect and maintain their pet’s commercial value, thus preventing instances of unfair enrichment from other’s exploitation of their beloved animals. This Note argues for the acceptance of an animal’s right of publicity. We begin with an exploration of the right of publicity itself and its current applications. Next, we will discuss the intellectual property rights currently …

Panel 5 - Transnational Networks And Global Tax Governance, Amin Mawani, Shu-Yi Oei, Miranda Stewart

A. Cockfield Memorial Symposium

Chair: Amin Mawani (York University)

Shu-Yi Oei (Duke University), Transnational Actors and Networks in Global Tax Reform

Miranda Stewart (New York University/University of Melbourne), Are We Still Regulating Up? Transnational Networks and Global Cooperation in Tax Administration

Commentators: Lilian Faulhaber (Georgetown University); Angelo Nikolakakis (EY)

Legal Realism, Legal Positivism, And Determinacy, Dan Priel

All Papers

It is a commonplace that the legal realists argued that law is deeply indeterminate. According to this familiar account, the legal realists insisted that legal materials don’t constrain judges, who are therefore free to decide cases in almost any way they want. An influential argument has argued that the only way to explain this view is by showing that the legal realists presupposed a legal positivist theory of law. This Essay offers a different understanding of the relationship between realism, positivism, and determinacy, challenging this interpretation of the realists as both historically false and as philosophically unwarranted. I provide many …

Rights In The Eyes Of The Beholder: The Lived Hierarchy Of Rights In India's Democracy, Sehar Abdullah, Keerthana Satheesh, Prashant Narang

Socio-Legal Review

This paper examines how citizens in India perceive and prioritise fundamental rights, with particular attention to the six freedoms under Article 19(1) and the property right. While the freedoms of Article 19(1) remain central to democratic citizenship, the Forty-Fourth Constitutional Amendment of 1978 reclassified the right to property as a constitutional right under Article 300A. This shift prompts an important question: Does the diminished constitutional rank of property correspond to its place in popular hierarchies of rights? Our in-depth interviews with 26 respondents, whose livelihoods make them especially sensitive to changes in both categories of rights, reveal that citizens continue …

Workplace Tug-Of War: The Pennsylvania Supreme Court Weighs Competing Interests With New Cause Of Action To Protect At-Will Employees From Third-Party Interference In Salsberg V. Mann, Alysse Danyi

Villanova Law Review (1956 - )

No abstract provided.

Chacahoula 2025, Volume 92, Alayna Pellegrin

Chacahoula

The 2025 issue of Chacahoula includes December 2024 and May 2025 graduating classes, as well as stunning photography student life on the banks of Bayou Desiard. With features covering students, faculty, and staff, this year's time capsule preserves an academic year in the life of the University of Louisiana at Monroe.

Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey

Contributions to Books

Government protection against systemic harm to human well-being is stymied by the liberal idea that power is most legitimately wielded by autonomous individuals taking personal responsibility for their substantive well-being. Instead, a robust vision of democracy and socioeconomic justice requires grounding legitimate power in institutional responsibility, replacing the formal individual actor of liberal theory with the universally embodied, embedded human subject developed in Martha Fineman’s Vulnerability Theory. This chapter connects the message of personal responsibility in neoliberal US welfare reform policies to rationales defending the government’s failure to alleviate systemic human harm in the 2008 financial crisis and the accelerating …

Vol. 69, No. 05 (September 22, 2025)

Indiana Law Annotated

No abstract provided.

A History Of African Americans In Nebraska, Preston Love Jr., Adam Fletcher Sasse, Le Clara Gilreath, Portia Love, Heather Fryer

Truth and Reconciliation History Project

Black people have been present in Nebraska from its earliest days as a U.S. territory. The first U.S. Census of Nebraska, conducted in 1860, counted eighty-one Black people who, together, formed .28 percent of the young territory’s 28,841 residents. That number grew to 3,443 Black residents in 1900, representing 3.5 percent of the 102,555 residents of the state of Nebraska. The number and location of Black Nebraskans varied greatly through the twentieth century, comprising 13.7 percent of the state’s population in 1940 and 11.8 percent in 2020. Although African Americans have been relatively small in numbers, the historical record reflects …

Sudan: A War Of Atrocities Report Of The Independent International Fact-Finding Mission For The Sudan, - Annual Report Of The United Nations High Commissioner For Human Rights And Reports Of The Office Of The High Commissioner And The Secretary-General

The Journal of Social Encounters

This report documents attacks on civilians and objects essential for their survival in Sudan. It concludes that both parties to the conflict violated international human rights and humanitarian law, with most violations amounting to war crimes. The Rapid Support Forces’ conduct may also constitute crimes against humanity, including persecution and extermination. The report calls for accountability and sets out a roadmap for justice.

Managing Mdls: A Report From The March 2025 Mdl Case Management Convening At Stanford Law School, Nora Freeman Engstrom, Owen Foulkes, Brianne Holland-Sergar

Faculty Journal Articles & Other Writings

Multidistrict litigation (MDL) has quietly become the defining feature of the federal civil docket, now accounting for the majority of all pending cases. Yet the judges tasked with steering these sprawling matters confront an almost impossible assignment: They must manage hundreds of thousands of claims, often with skeletal staffs, little binding guidance, and enormous pressure to deliver both efficiency and justice. This report—produced out of a March 2025 convening sponsored by the Rhode Center at Stanford Law School—confronts that reality head-on. Drawing on candid discussions among leading judges, practitioners, and scholars, it dives into four central tensions that shape MDL …

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

St. Mary's Law Journal

No abstract provided.

Illegal Corporate Cultures, Elise Bernlohr Maizel

Duke Law Journal

Culture is a powerful force in corporate compliance. Corporate culture shapes how employees behave, dictating whether, when, and how they follow the law. Cases arising out of cultural failures often involve public harm—plane crashes, poisoned rivers, tainted cancer drugs, and collapsed mines. Before these awful outcomes, however, the corporations that caused these harms fostered cultures that permitted the disregard of legal commands and public commitments. Managers disparaged safety regulations. Messages about profits and production drowned out messages about compliance and safety. Yet, there is a gap between all we know about the power of culture and our understanding of corporate …

Slowing The Burn: Incentivizing Safer Development Through Wildfire Hazard Mapping, Meghan Hodges

Duke Law Journal

Climate change has accelerated the frequency and severity of natural disasters globally and wildfires are no exception. In part, wildfires have intensified due to climate change, short-sighted fire suppression policies, and the rapid influx of people and development in hazardous regions. Like other natural disasters, wildfires will continue to pose an ever-increasing threat to communities nationally. And the federal government's default approach of providing aid after disaster strikes will only continue to become more unsustainable as climate change worsens. Yet, proactive measures that exist to mitigate risk—such as hazard mapping and financial assistance to support adaptation and resilience at the …

Burdens Of Proof In Criminal Procedure, Eve Brensike Primus

Duke Law Journal

The Supreme Court's haphazard approach to allocating burdens of proof in criminal procedure has created a system in which constitutional rights can be rendered meaningless simply because defendants are required to prove things they cannot possibly know. Even though allocations of the burden of proof often drive litigation outcomes, the Court has failed to establish clear burden allocation structures for cases arising under the Fourth, Fifth, Sixth, and Fourteenth Amendments, leaving lower courts split about how to allocate the burdens. When the Supreme Court does allocate burdens, it often does so without explanation or consideration of key factors. Recent Supreme …

Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark

Public Land & Resources Law Review

In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.

Discovering The Doctrine Of Discovery, Douglas Lind

Public Land & Resources Law Review

The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …

Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle

Public Land & Resources Law Review

The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.

Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth

Public Land & Resources Law Review

The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.

Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett

Public Land & Resources Law Review

No abstract provided.

Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams

Public Land & Resources Law Review

No abstract provided.

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A Reciprocity: Off-Reservation Treaty Hunting Rights, Sarah K. Yarlott

Montana Law Review

No abstract provided.