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Board Of Pharmacy, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

The Jacksons' Debate, Marcus Vinicius Neves

Vernacular: New Connections in Language, Literature, & Culture

The Jacksons’ Debate” explores ethical dilemmas through an alien civilization considering human consumption. This philosophical sci-fi story examines sentience, moral responsibility, and societal progress from a unique perspective. Blending dark humor with social commentary, it challenges readers to reflect on human behavior and ethical decision-making in the face of necessity and scientific advancement.

Bowe V. United States: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus

Appellate Briefs

Amici curiae are law professors who research, study, teach, and write about the writ of habeas corpus and federal postconviction relief. They share an interest in seeing habeas law applied in a way that ensures the just adjudication of claims.

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

The Mediation Dance Of Choreography Copyright, Kassandra Sopko

Pepperdine Dispute Resolution Law Journal

Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …

Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna

Pepperdine Dispute Resolution Law Journal

The ancient wisdom of the Enneagram illuminates the complexities of conflict, offering invaluable insights for mediators and individuals alike. Through various case studies and recommendations on practical applications, this Article illustrates how mediators can leverage Enneagram-based strategies to de-escalate conflict and facilitate constructive dialogues. By understanding the nine Enneagram Points, mediators can foster self-awareness, empathy, and communication among the disputing parties. Meanwhile, the Enneagram encourages mediators to self-reflect and address their own underlying emotions during the various mediation stages. Rather than a strict typological tool, the Enneagram’s inner lines, Wings, and Triadic Approaches allow mediators to easily recognize diverse responses …

Public Health And Safety Nuisances Per Se, Catherine M. Sharkey

DePaul Law Review

No abstract provided.

Does Research Funding Affect Research Findings?, Michael J. Saks

DePaul Law Review

No abstract provided.

Physicists As Environmental Experts, Rachel Rothschild

DePaul Law Review

No abstract provided.

Refining The Tools To Stymie Government Regulation: Industry’S Misuse Of Science In The 1970s, David Rosner, Gerald Markowitz

DePaul Law Review

No abstract provided.

Between Science And Administration: Regulatory Epistemology, Corporate Influence, And Endocrine-Disrupting Chemicals, Colleen Lanier-Christensen

DePaul Law Review

No abstract provided.

Industrywide Corruption In Three American Industries, Stephan Landsman

DePaul Law Review

No abstract provided.

On The Relationship Between Causation And Misconduct: Lessons From Bendectin, Alexandra D. Lahav

DePaul Law Review

No abstract provided.

Farm Until It’S Gone: Industrial Animal Agriculture And The Limits Of Law, Douglas A. Kysar

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

Talking Trash: The Development Of International Legal Governance Over Marine Plastic Pollution, Olivia B. Berryman

Global Tides

Increasing amounts of marine plastic pollution entering into the ocean endangers the lives of sea animals, harms the health of human seafood consumers, degrades the marine ecosystem, and contributes to climate change. Despite these consequences, there remains no international legally binding treaty that is solely devoted towards mitigating marine plastic pollution. While there are current treaties in place that have created some regulations to control the entrance of marine plastics into the ocean, none have achieved significant reduction and prevention of the issue due to flaws such as weak enforcement mechanisms and lenient restrictions on ocean dumping. Thus, this research …

Jenner & Block Llp V. Doj: Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Nicholas C. Howson, Leah Litman, Kyle D. Logue, Gabriel S. Mendlow, Leonard Niehoff, Richard Primus, Rebecca Scott

Appellate Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

We’Re All In This Together: A Proposal For Stronger Response To Invasive Plant Species, Marisa Nardelli

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Unravelling The Metaverse Matrix: Navigating Privacy Protection Within Modelling And Simulation Platforms, Eugenia Georgiades, James Birt

Washington Journal of Law, Technology & Arts

This article examines how personal data are regulated in emerging modelling and simulation environments, including computer games, mobile apps, and digital twin platforms. This article centers on a specific type of simulated and modelling environment, namely the metaverse. This article considers the privacy issues that arise when people subscribe to and participate in modelling and simulation platforms where vast amounts of data are collected, disclosed and stored. Such data may be vulnerable to misuse by the platform and third parties. This article considers Meta’s “horizons metaverse” platform as a case study for an immersive modelling and simulation platform. It examines …

When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer

St. Mary's Journal on Legal Malpractice & Ethics

This Article focuses upon a basic negotiation device—a threat, used in a particular context—threats contained in settlement demand letters. In some, but not all, cases, however, the threat may be deemed a crime (extortion), in which case, the lawyer may be subject to sanction (criminal or civil liability, professional discipline) for making the threat. This consequence has, however, been largely ignored in academic literature. That is unfortunate, for it appears that many lawyers are unaware of the risks negotiation threats present because the risk is not well defined in the professional codes lawyers would normally look to for guidance.

This …

Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond

St. Mary's Journal on Legal Malpractice & Ethics

Clients engage lawyers for many reasons. Regardless of the circumstances, however, the lawyer and the client need to agree on the scope of the lawyer’s representation, meaning the legal services the lawyer will perform for the client. The client must agree to and understand the scope of the lawyer’s representation as aspects of establishing her objectives for the matter and thereafter evaluating whether the lawyer is achieving those objectives. The client must also understand the scope of the representation to be able to decide whether the matter’s potential expense justifies its pursuit and to gauge the reasonableness of the lawyer’s …

Law And Historical Materialism, Jeremy Kessler

Duke Law Journal

Since the financial crisis of 2008, left-leaning legal thought has experienced a renaissance within the American academy. From law and political economy to critical race theory to feminist legal studies to Marxist legal theory, new perspectives have flourished, and marginalized traditions have been revived and revised. These new perspectives and revisionist projects all share an intellectual debt to the critical legal studies (“CLS”) movement of the late 1970s and 1980s. That movement’s critique was focused on functional accounts of law: accounts that understood legal change as primarily responsive to the demands of extralegal social and economic forces. Some of those …

Validity And Relevancy Analysis: An Approach To The Admissions Of Experimental Evidence, Maine Law Review

Maine Law Review

Rules of evidence in the common law system were developed to serve the fundamental purpose of minimizing erroneous factual conclusions by the jury. In pursuit of this goal, two guiding principles have been followed: first, that the jury should be provided with the most accurate and trustworthy information possible; second, that the flow of information to the jury should be controlled to exclude evidence which is irrelevant or otherwise misleading. Since the earliest cases in which the results of experiments were offered as evidence, American courts have treated experiments as a unique form of evidence but have found it difficult …

The Unconstitutional Impact Of Anti-Transgender Legislation On Native Hawaiians, Aaliah Moi-Matsumoto

Seattle Journal for Social Justice

No abstract provided.

Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents, Maureen Carroll

Appellate Briefs

Amici are law professors with expertise in the Federal Rules of Civil Procedure, including the requirements for class certification under Rule 23(b)(3). Together, we share an interest in ensuring that the Federal Rules of Civil Procedure are construed “to secure the just, speedy and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1.