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Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai Jun 2025

Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Supreme Court’s decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap—the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett’s expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …


Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom Jun 2025

Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom

Minnesota Law Review Vols. 106:2 onward (2021-present)

Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local governments act “rationally” to avoid regulating in a way that reduces pollution in the waterway because such regulation would increase costs. Further, local governments avoid paying the costs associated with treating or reducing the level of contaminants in the water before ushering them downstream. While this analysis might partially explain …


The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan Jun 2025

The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan

Minnesota Law Review Vols. 106:2 onward (2021-present)

In a trio of environmental cases—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—the Roberts Court curtailed the federal regulatory power and produced corresponding deregulatory outcomes under seemingly neutral legal principles. This Article interrogates the doctrinal coherency of the Roberts Court’s jurisprudence by applying the rationales of these cases to climate change litigation. Climate change policies advanced by state and local governmental plaintiffs represent the inverse of what the Court has previously rejected. The regulatory burdens arise under state, not federal, law. In this analysis, the Article advances a previously undertheorized aspect of the trio’s combined effect: …


Network And Multipath Traceroute Visualization, Cameron Makowski Jun 2025

Network And Multipath Traceroute Visualization, Cameron Makowski

Military Cyber Affairs

TraceCam introduces a new paradigm in network path analysis, leveraging GPU-accelerated WebGL visualization, advanced traceroute integrations, and AI-driven insights to transform complex routing data into actionable intelligence. Early prototypes have demonstrated significant improvements in performance, clarity, and multi-path discovery, overcoming traditional limitations in traceroute analysis. By incorporating retrieval-augmented language models and enriched metadata sources like IPinfo.io, TraceCam enables automated anomaly detection, contextual explanations, and rapid root-cause analysis, enhancing operational efficiency. The platform’s architecture ensures scalability and adaptability, supporting deeper investigations and real-time situational awareness. Future development will focus on clustering-based anomaly detection, expanded geographic visualizations, and enhanced AI-generated analysis to …


Christianity, Conception, And Consciousness: Why A Conscious Human Mind Is Necessary To Fulfill The Conception Requirement, Vittoria L. D'Addesi Jun 2025

Christianity, Conception, And Consciousness: Why A Conscious Human Mind Is Necessary To Fulfill The Conception Requirement, Vittoria L. D'Addesi

Liberty University Law Review

As artificial intelligence (“AI”) advances, it not only affects our daily life, but also implicates patent law. The Federal Circuit Court of Appeals has already held in Thaler v. Vidal that only a natural human person can be an “inventor” entitled to receive a patent, thereby excluding AI. The rationale in Thaler centers on statutory interpretation, leaving open the question of whether AI is capable of fulfilling the conception requirement—an essential element of qualifying as an inventor and receiving a patent. This Comment aims to expand the rationale of Thaler and argues that AI cannot fulfill the conception requirement; thus, …


The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors Jun 2025

The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors

Liberty University Law Review

Does artificial intelligence “think,” and if it does, what should the law do about it? This article examines popular culture and the Turing Test to assess whether artificial intelligence “thinks,” applying the author’s engineering background and his Christian worldview. The author concludes that artificial intelligence mimics rather than creates and considers the risks and benefits of artificial intelligence given that conclusion. The author suggests that legal regulation should be measured, leaving important decisions to humans while at the same time encouraging development of this important, misunderstood technology.


Free Speech And Synthetic Lies: Deepfakes, Synthetic Media, And The First Amendment, Jacob R. Bourgault Jun 2025

Free Speech And Synthetic Lies: Deepfakes, Synthetic Media, And The First Amendment, Jacob R. Bourgault

Student Journal of Information Privacy Law

The rapid evolution of deepfakes and synthetic media presents unique and pressing challenges to the scope and resilience of First Amendment protections. While these technologies can be used creatively or comedically, they are increasingly weaponized in ways that can cause substantial harm: from non-consensual pornography and fraud to manipulated political content and reputational sabotage. As the production of synthetic media becomes more accessible and convincing, courts and lawmakers are being called upon to resolve the tension between free expression and individual dignity, autonomy, and privacy. This Article examines whether existing exceptions to First Amendment free speech—such as obscenity, defamation and …


Restorative Justice And Building Communities Of Radical Belonging In The Law School Classroom, Aparna Polavarapu Jun 2025

Restorative Justice And Building Communities Of Radical Belonging In The Law School Classroom, Aparna Polavarapu

Journal of Legal Education

No abstract provided.


Incorporating Restorative Justice Into Black-Letter Criminal Law, Shirin Bakhshay Jun 2025

Incorporating Restorative Justice Into Black-Letter Criminal Law, Shirin Bakhshay

Journal of Legal Education

No abstract provided.


Developing A Novel Conceptual Tax Regulatory Framework For Crypto Tokens, Tamir Shanan, Doron Narotzki, Lior Zaks Jun 2025

Developing A Novel Conceptual Tax Regulatory Framework For Crypto Tokens, Tamir Shanan, Doron Narotzki, Lior Zaks

Akron Law Review

This article challenges the informal and uncoordinated attempts by governments worldwide to hinder technological innovations that could potentially disrupt established monetary systems and undermine the significance of banks, stock exchanges, and financial institutions. The authors argue that the outcome, which effectively sacrifices governments' ability to tax crypto capital appreciation, impedes the widespread adoption of decentralized tokens and is more detrimental than beneficial. Instead of applying outdated tax rules developed a century ago, the article proposes the development of a new regulatory tax framework that takes into account the unique characteristics of decentralized virtual tokens. These characteristics include their pseudo-anonymity, tradability, …


The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law Jun 2025

The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Four Cardozo alumni were recognized by The Hollywood Reporter in its 2025 lists of top entertainment attorneys. Sasha Levites ’11 and Rachel Strom ’06 were named among New York’s Biggest Entertainment Attorneys, while Marc H. Simon ’01 and Gregory Slewett ’02 were included in Hollywood’s Top 100 Attorneys. Their achievements highlight Cardozo’s national strength in Intellectual Property and Entertainment Law, with alumni shaping major film, television, media, and digital industries.


Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler Jun 2025

Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler

Alaska Law Review

This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In 2018, the Denali Commission completed the Final Environmental Impact Statement for Alaska’s first community-driven village relocation of the millennium, facilitating construction of essential infrastructure at Mertarvik, the relocation site for the village of Newtok. However, the Denali Commission chose to exclude a full-scale decommissioning plan for Newtok’s existing infrastructure. Today, more than seventy-three Alaska …


Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison Jun 2025

Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison

Public Land & Resources Law Review

In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.


Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith Jun 2025

Puppycide By Gavel: How The Judiciary Uses The Police Killing Of Dogs To Reinforce Justifications For Police Violence, Jeremy J. Smith

Qualitative Criminology (QC)

"Police discharge their firearms more often at dogs than humans, and as a profession, kill thousands of dogs every year. The number of dogs killed by police during these encounters has government officials declaring that an “epidemic” is occurring within policing itself, with some commentators referring to this trend as “puppycide” or “canicide.” The purpose of this article is to examine how the judiciary rationalizes canicide, or the police killing of dogs, and the role canicide plays in the justification of police violence. To do this, the article provides a sociolegal and ethnographic content analysis of federal court cases and …


Sex And Control In Redeemer Georgia, Anthony Michael Kreis Jun 2025

Sex And Control In Redeemer Georgia, Anthony Michael Kreis

Georgia State University Law Review

This Essay explores the interplay of history, law, and morality behind the first abortion law in Georgia. Examining the philosophical underpinnings of liberty and equality as articulated in Georgia’s constitutional history through time, this Essay highlights the moral contradictions inherent in the legal frameworks of Reconstruction Georgia. The origin of Georgia’s 1876 abortion law contains multitudes—rooted in race-based contestations for political power, the sociological evolution of medical practice, and evolving attitudes on individual rights. At times, White elites used abortion to attack Yankee culture and stir up racist fears about moral contagion associated with Radical Republicans. To this end, when …


Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah Jun 2025

Medication Abortion And The Mails: The Ghost Of Anthony Comstock Rides Again?, Lars Noah

Georgia State University Law Review

Mail-order dispensing of the prescription drug mifepristone has become the latest flashpoint in this country’s long-running debate over abortion access. It also has brought back from the dead one of the oldest federal statutes to address that contentious subject. In their fight to limit access to a drug approved by the FDA one quarter of a century ago, abortion opponents have rediscovered the Comstock Act. Although amended on several occasions since 1873, Congress never managed to repeal or clarify its ambiguous language relating to abortion. On its narrowest reading, this provision would have no impact whatsoever on access to mifepristone; …


Examining The Impact Of Legalized Sports Gambling On Ncaa Athletes' Welfare And Game Integrity, Reem Al Jaradi Jun 2025

Examining The Impact Of Legalized Sports Gambling On Ncaa Athletes' Welfare And Game Integrity, Reem Al Jaradi

University Honors Theses

This thesis examines the effects of legalized sports gambling on NCAA player welfare and the integrity of competition through a mixed-method analysis of NCAA reports, academic literature, and media sources. Data disclose that although the overall prevalence of gambling among student-athletes has decreased, these individuals are demonstrating more detrimental behaviors, including solitary gaming and incurring substantial losses in a single day. The emphasis on internet abuse associated with betting results has escalated, especially during prominent tournaments. The NCAA's instructional programs and data-monitoring agreements are compromised by ethical issues surrounding data monetization and varying state gambling rules. The research contends that …


The Improvement Regime: Public Trusts, Real Estates, And India’S Urban Futurities, Anwesha Ghosh Jun 2025

The Improvement Regime: Public Trusts, Real Estates, And India’S Urban Futurities, Anwesha Ghosh

Articles

Over the last two decades, since scholarly writing on India witnessed an “urban turn,” numerous historians have analyzed the role of the improvement trust in the redevelopment of Indian cities in the twentieth century, most specifically those of Bombay, Calcutta, and Delhi. This paper revisits and reassesses some of their key arguments to suggest that rather than studying the “failures” of the individual trusts to foster sanitary built environments, we should pay attention to the contingent workings of the city trusts that were constitutively designed for such failures. Using a comparative analysis of the Bombay and Calcutta improvement trusts, this …


A Theory Of Structural Guarantees: How The Constitution Combats Unequal Distributions Of Liberty, Michael S. Cecil Jun 2025

A Theory Of Structural Guarantees: How The Constitution Combats Unequal Distributions Of Liberty, Michael S. Cecil

New Mexico Law Review

Structural inequality is a widely invoked but often undertheorized concept in constitutional discourse. A persistent question in constitutional theory is whether structure itself is a subject of justice—and how, if at all, institutional arrangements that produce unequal distributions of liberty might demand corresponding remedies. The strained efforts of courts and legislatures in addressing structural inequality through individual rights-based frameworks underscore the need for a more robust theoretical account. This Article contributes to that effort by advancing a theory of “structural guarantees” grounded in principles of justification from the social contract tradition. Rather than focusing on abstract features of the state …


Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy Jun 2025

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder Jun 2025

A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette Jun 2025

Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Lulucf Is More Than A Mouthful: How The United States Could Implement The European Union’S Land Use, Land-Use Change, And Forestry Policy To Help Fight Against The Us Agricultural Lobby And Fight Climate Change, Isabella Neihardt Jun 2025

Lulucf Is More Than A Mouthful: How The United States Could Implement The European Union’S Land Use, Land-Use Change, And Forestry Policy To Help Fight Against The Us Agricultural Lobby And Fight Climate Change, Isabella Neihardt

Brooklyn Journal of International Law

Climate change is this generation’s defining issue, and one that has passed the point of requiring critical attention and response. Agriculture is a major contributor to anthropogenic global warming, but it has largely evaded environmental regulation in the United States (US) due to “agricultural exceptionalism” and a powerful agricultural lobby. Activities in the land use, land-use change, and forestry (“LULUCF”) sector can effectively offset carbon dioxide equivalent emissions from agricultural activities through a process known as a “carbon sink.” In the European Union (EU), the agricultural sector is already regulated through Regulation (EU) 2023/839, the first LULUCF regulation of its …


Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews Jun 2025

Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.


Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle Jun 2025

Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle

Pace Environmental Law Review

Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …


Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady Jun 2025

Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady

Public Land & Resources Law Review

A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …


Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles Jun 2025

Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles

Public Land & Resources Law Review

Montana Environmental Information Center v. Montana Department of Public Service Regulation provides insight into the discretion of the Public Service Commission and its impact on renewable energy development in Montana, especially in the wake of the repeal of the Renewable Power Production and Rural Economic Development Act. This case evaluates the Commission’s decisions to grant waivers to NorthWestern Energy for its 2015 and 2016 renewable energy purchase obligations under the Act. The Court found the Commission’s decisions were arbitrary and unsupported by substantial evidence and appropriate reasoning. Montana’s renewable portfolio standards had proven effective in promoting renewable energy and economic …


Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey Jun 2025

Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey

Public Land & Resources Law Review

In United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks …


Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard Jun 2025

Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard

Public Land & Resources Law Review

Friends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the …


"I'M Guilty, But I'M Not A War Criminal!": Fixing Treaty Crimes, Dyllan M. Taxman Jun 2025

"I'M Guilty, But I'M Not A War Criminal!": Fixing Treaty Crimes, Dyllan M. Taxman

Duke Journal of Constitutional Law & Public Policy

This Article examines the Supreme Court's test for treaty crime constitutionality against the gauntlet of time and application. Treaty crimes are criminal behavior violating statutes penalizing private individuals for disobeying the terms of an international treaty obligation. The current treaty crime test from Bond v. United States has produced inconsistent results resting on shaky constitutional grounds. This Article proposes a new test relying on constitutional delegations of authority and treaty drafting history to determine when a treaty crime statute violates the Tenth Amendment. It measures the new test's effectiveness by applying the test to cases in which the Bond test …