Digital Commons Network^™

The Onondaga Nation's Land Claim: Rights Without A Remedy?, Larissa Speak

American Indian Law Journal

No abstract provided.

A Secluded Cabin On The Outskirts Of Riverside: A 1937 Trial For Conspiracy To Have Gay Sex, Randall Stoner, Randi Stoner

Electronic Theses, Projects, and Dissertations

In the early morning hours of Sunday, March 14, 1937, a group of deputy sheriffs and military police surrounded a secluded cabin on the outskirts of Riverside and forced their way inside, arresting everyone on the premises for conspiracy to violate California Penal Code sections 288a and 286: oral copulation and sodomy. Though same-sex relations were outlawed, these men had sought to create a place of privacy for themselves—only to have it surveilled and raided by members of law enforcement. The subsequent trial, People v. Jordan, was a landmark case for the city of Riverside. Many histories of LGBTQ …

Contesting State Capture, Lucien Ferguson

Cardozo Law Review

State capture poses a distinctive challenge to democracy in the United States. As well-resourced individuals and interest groups exert ever-increasing influence over public policymaking, the American legal system loses its moorings in majority will and democratic faith. The costs of this process are borne by the poor and working classes. Unlike most public-law scholarship concerned with state capture, this Article surfaces potential remedies in the underutilized tools of state constitutional law. Drawing on state constitutional history and political-economic scholarship, it argues that when confronted with legislation suspected of capture, state courts should abandon rational basis scrutinyin favor of more searching …

Exploring The Impacts Of Moral Injury On Law Enforcement Officers In South Carolina, Laura M. Casares

Doctoral Dissertations and Projects

The purpose of this qualitative hermeneutic phenomenological study is to understand the concept of moral injury among law enforcement professionals. The concept of moral injury was often associated with military members and healthcare workers. Recently, research pertaining to moral injury among law enforcement professionals has grown, as many law enforcement agencies are paramilitary organizations. These fields have similar characteristics, including stress, burn out, and vicarious trauma. As the term moral injury evolves, and the constant scrutinization of policing by communities and politicians continues, agencies should be able to respond effectively to officers suffering from moral injury. Immanuel Kant’s historical influence …

Restating The Law Of Children And Youth: The Evolution Of Reform, Elizabeth S. Scott

Faculty Scholarship

A brief roadmap of this article may be helpful. Part I describes the emergence of the Child Wellbeing framework and its powerful role in shaping twenty-first-century youth justice reforms captured by the Restatement. Part II shows how this framework has begun to have a far broader influence on the law affecting children and how the framework and the developmental approach embodied in the Restatement can guide courts and shape the trajectory of the law in the future. Part III explores potential challenges to the Restatement’s effectiveness in attaining a fully integrated system based on the Child Wellbeing framework.

Do Bans On Conversion Therapy Impose A Governmental "Orthodoxy" About Sex And Gender?, Linda C. Mcclain

Faculty Scholarship

In Part I, this Essay evaluates how orthodoxy arguments featured in Mr. Tingley’s challenge to Washington’s ban on conversion therapy. Part II offers a preliminary analysis of Chiles v. Salazar, ⁴² which the Court will hear during its 2025-2026 Term. I illustrate how the arguments made against Washington’s law by Chiles and her amici draw from the anti-orthodoxy and marketplace of ideas rhetoric found not only in Justice Thomas’s Tingley dissent and his NIFLA opinion but also in Justice Gorsuch’s majority opinion in the 303 Creative decision.⁴³ Woven together with these speech arguments are appeals to the Court’s …

Antiracist Expert Evidence, Jasmine Gonzales Rose, Asees Bhasin, Spencer Piston

Faculty Scholarship

Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital to the practice of criminal defense, yet many attorneys do not know how to prove racism in court. We surveyed over seven hundred criminal-defense attorneys across the United States, and nearly half had never heard of expert witnesses testifying or submitting written reports on racism—what we call “antiracist expert evidence.” …

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

BYU Law Review

Most literature at the intersection of copyright and artificial intelligence (AI) has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country’s economic and technological future. This Article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentivebased. The Article then discusses a third line of arguments— harmonization-based arguments—and …

No Rights To A Healthful Environment: Children Warrant Class Standing To Inhibit Climate Change Related Harm, Keira Kramer

San Diego Journal of Climate & Energy Law

Current laws in the United States stand at odds with children’s interests in a clean and healthful environment. Children deserve a healthful environment because of their constitutional right to life. This Article will analyze why courts have denied children’s right to a healthful environment. State and federal Courts have found that the environmental rights of children are a political question and, therefore, that children do not have standing to sue under the theory that they have a right to a healthy climate. This Article suggests that the courts are the best area of law for redressability for children affected by …

What Copyright Can't Do, Blake E. Reid

Pepperdine Law Review

Copyright has become a powerful regulatory regime for modern American life. Copyrighted works, including text, images, video, sounds, music, and software, coupled with routine, frictionless copying, form a large part of the information, cultural and social context, and infrastructure of our increasingly digital society. Copyright law’s powerful remedies are now positioned to intervene in a wide range of everyday activities. As a result, scholars, policymakers, and advocates have increasingly called for modifying and applying U.S. copyright law to solve a wide range of public policy problems, from vindicating disability rights to protecting privacy to promoting competition among wireless carriers. But …

If You Can’T Beat Hemp, Join Hemp: A Policy Argument For A Federal Regulatory Framework Encompassing Intoxicating Hemp Derivatives And Marijuana And Why Re-Scheduling Marijuana Isn’T The Answer, Frances Alaina Rodriguez

University of Miami Business Law Review

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized industrial hemp and its downstream uses by removing hemp from the definition of marijuana under the Controlled Substances Act (CSA). Its enactment led to the explosion of a multi-billion dollar intoxicating hemp derivatives (IHD) market. This boom, combined with growing state–level marijuana legalization, presents a unique opportunity for comprehensive federal cannabis reform.

This Note argues that the traditional pathways for marijuana legalization—rescheduling through the Controlled Substances Act or state-by-state legislation—are inadequate given the emergence of a federally legal but largely unregulated IHD industry. Instead, this Note proposes a unified federal …

Remaking Rulemaking: Lessons From The History Of Federal Rule Of Civil Procedure 54(B), Brad Baranowski, Emery G. Lee Iii

Cleveland State Law Review

This Article uses the lost history of Federal Rule of Civil Procedure 54(b) to provide a framework for rulemaking at the busy intersection of complex litigation and appellate finality. The drafters of the original civil rules spent more time thinking through how to efficiently combine claims and parties in civil actions—a promised benefit of the proposed law-equity merger—than about how combined claims should be dis-assembled. This failure would haunt the original Advisory Committee on Civil Rules for years. Nowhere was this more evident than in the first decades of Rule 54(b)’s existence.

Promulgated in 1938, Rule 54(b) was designed to …

When Less Information Is Actually More: A Modest Proposal For Securities Reform, Daria Beshentseva

Seton Hall Law Review

No abstract provided.

Yoder In Brooklyn? Rapidly Expanding Free Exercise Jurisprudence, New York State School Regulations, And Hasidic Yeshivas, Jonathan Acampora

Seton Hall Law Review

No abstract provided.

The Potential Intercontinental Railway Between Siberia And Alaska And Its Implications For Alaska Native Corporations And Federally Recognized Tribes, James S. Segee-Wright, Gavin M. Ratcliffe, Douglas Paul Thompson

Idaho Law Review

This article argues that if the U.S. government wished to construct an intercontinental railway between Siberia and Alaska, then the directly impacted Alaska Native Corporations (ANCs) and federally recognized Tribes nearby would need to first consent to and authorize the construction. After the Alaska Native Claims Settlement Act in 1971, ANCs own Native land in Alaska, while federally recognized Tribes have no reservations in Alaska (with one exception) and almost no legal claims to the title of the land. ANCs and federally recognized Tribes are also distinct entities with occasionally differing interests. Construction managers might be tempted to receive consent …

Child Rape And The Death Penalty, Rosemary Ardman

Idaho Law Review

The act of rape on an eight-year-old body is a matter of the needle giving because the camel can’t. The child gives, because the body can, and the mind of the violator cannot.

- Maya Angelou

In May 2023, Florida authorized the death penalty for the sexual battery of a child under twelve. This policy quickly sparked a wave of similar legislation. Tennessee capitalized child rape in May 2024, followed by Idaho in March 2025. These laws—passed with strong bipartisan support in each state—challenge the Supreme Court to overrule Kennedy v. Louisiana, a controversial 2008 decision holding that the …

A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

Implications For "Adjacent" Waterbodies After Sackett V. Epa, John C. Colson

Texas A&M Law Review

The Supreme Court’s recent ruling in Sackett v. EPA has rolled back Clean Water Act (“CWA”) protections for many wetlands on private property. Justice Kavanaugh’s little-commented-on concurrence identifies a class of waterbodies now unprotected by the CWA that nonetheless serves vital roles in flood control, pollution management, and habitat conservation. These waterbodies are those that lack a continuous surface connection (the majority’s test) to navigable waterways but are nonetheless “adjacent” to them in that they are separated by a single barrier. Including borrow pits and swamps held behind dikes, as well as the thousands of oxbow lakes near America’s rivers, …

Bog-Ged Down By Sackett: Strategies For Wetland Protection In Texas, Caleb Cook

Texas A&M Law Review

The Clean Water Act (“CWA”) has been one of the most powerful tools for protecting the nation’s waterways since it was first passed in 1972. However, there has long been ambiguity over the scope of the authority it grants for the regulation of wetlands. In May 2023, the Supreme Court resolved this question in Sackett v. Environmental Protection Agency. The effect of Sackett will be to remove significant amounts of previously regulated wetlands from federal jurisdiction. Federal legislative responses are unlikely, and while there are federal programs that can help temporarily fill the gap and bring some wetlands back …

The Future Of The Discovery Doctrine: One View From Outside Indian Country, Blake A. Watson

Montana Law Review

No abstract provided.

Conversation In My Parlor About Climate Change And The Call To Thoughtful Service By Lawyers With Disabilities, Gary Norman Esq. Llm

Journal of Law and Health

Pope John Paul II penned, "So much of our world seems to be in fragments, in disjointed pieces." Experts admonish that an irreparable threshold of 1.5°C for global temperatures is not a theoretical remonstrance but an imminent imperative. Is this true? This article will explore if climate change exists. I will thoughtfully respond to this question in the affirmative, exploring center-based solutions. Specifically, this article will urge that these great United States require a new generation of leaders who can embody the energy of a Brother President Theodore Roosevelt, who possesses the eloquence of President John Kennedy, and who, like …

Canada's New Gaar Preamble: Pivoting Toward Fairness And Parliamentary Contemplation, Jinyan Li, Michael Conroy, Sebastien Tuli, Kitty Wang, Patrick White

Articles & Book Chapters

This paper examines the role of the new preamble in the GAAR provision and argues that fairness is a legal concept that can be applied in GAAR cases.

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Natalie M. Edmundson, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

A Living Constitutional Case For Anti-Classification: Equal Protection As A Civic-Republican Ideal, Avi Konduri

Bates College Undergraduate Law Review

No abstract provided.

Bred For Profit, Euthanized For Space: The Houndmaid’S Tale, Krista Doherty

Brooklyn Law Review

The Animal Welfare Act (AWA) was passed by Congress in 1966 with the intent to ensure humane treatment of animals used in interstate and foreign commerce. A dog breeder must obtain a license under the AWA so long as the dog breeder has five or more female dogs capable of breeding and whose offspring are sold as pets, and the breeder does not meet the “retail pet store” exemption. However, due to government neglect, as well as a lack of government oversight and regulation, both at the federal and state levels, thousands of dogs suffer every day in breeding operations. …

A Deep Fake Dilemma: The Battle Over Keeping It Real, Tyler Gollin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Training Your Large Language Model How To Speak "Human": A Transformative Public Necessity Or Copyright Infringement?, Isabelle Nasser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

International Animal Law, Daina Bray, Paula Cardoso, Jessica Chapman, Hira Jaleel, Rajesh K. Reddy, Joan Schaffner

The Year in Review

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, Sylvia Costelloe, Abigail Cotterill, Mary Mikhaeel, Timothy O'Toole, Christopher Stagg, Lawrence Ward

The Year in Review

No abstract provided.

Front Matter

The Year in Review

No abstract provided.