Digital Commons Network^™

The Hunger Games: Food As A Right, Not A Privilege, Camesha F. Little

FIU Law Review

Despite the United Nations' explicit declaration that all humans have a right to food, food insecurity and hunger remain persistent problems in the United States and around the globe. The dystopian landscapes depicted in novels such as The Hunger Games and Parable of the Sower—societies crippled by poverty, oppression, and pervasive starvation—resonate with sobering contemporary realities. This Article examines existing food laws, food rights, and the current protections safeguarding the United States food supply from a humanitarian perspective. Ultimately, this Article argues that the human right to food must expand to encompass a right to healthy or natural food, and …

Agents In A Tangled Bank: An Ecosystem Approach To Ai Regulation, Andrew W. Torrance, Bill Tomlinson

FIU Law Review

As autonomous artificial intelligence agents ("Agents") become increasingly prevalent in society, legal frameworks must evolve to govern their behavior effectively. This article argues that autonomous AI agents must be understood as operating within complex ecosystems of other agents, humans, institutions, and actual biological ecosystems-similar to how biological organisms exist within broader ecosystems. Drawing on established research in multi-agent systems and environmental law, we propose that effective governance of AI agents requires moving beyond just regulation on individual agents to include system-level approaches. We examine how existing legal frameworks handle heterogeneous autonomous entities (humans, corporations, and animals) and explore how these …

The Utmost Rights And Interests Of The Indians: Tribal Law Interpretations Of The Indian Civil Rights Act, Kekek Jason Stark

Faculty Law Review Articles

It has been more than fifty years since Congress enacted the Indian Civil Right Act (hereinafter “ICRA”) and more than forty years since the United States Supreme Court in Martinez articulated that the tribal courts are the proper forum for the adjudication of ICRA claims. In the decades since, tribal courts have developed a rich body of intertribal common law pertaining to the implementation of the ICRA. This comes after over a century of assimilative policies in which the federal government attempted to eradicate native culture and traditions and subjected Indians to the deprivation of individual rights by federal and …

Mapping Human Rights Obligations In Investment Treaty Arbitration: Decoupling By Tribunals, Animesh Das

Indian Journal of International Economic Law

The progressive approach of investment arbitration tribunals in some recent cases represents a gradual development in reconciling human rights law and international investment law. This position finds support in recent scholarly literature, through analyses of cases such as Urbaser, Bear Creek Mining and David Aven. What if the reality is otherwise? For decades, investment arbitral tribunals have maintained a grey area governing the relationship between human rights law and international investment law. The institutional caution has resulted in the decoupling of these two normative orders. Consequently, investment treaty arbitrations face a legitimacy deficit in their ability to uphold human rights …

International Economic Agreements As Impediments To Carbon Tax Climate Change Mitigation: Is The Un Framework Tax Convention The Way Forward?, Edwin Vanderbruggen

Indian Journal of International Economic Law

This article outlines some of the international legal impediments to domestic environmental tax policies in furtherance of climate change mitigation, i.e. certain WTO rules on trade in goods, fuel tax exemptions in aviation treaties, and tax stabilisation provisions that are protected under the umbrella clause of investment treaties. It argues that international action is the most effective and often the only option to address those legal obstacles. The emergence of the United Nations Framework Convention on International Tax Cooperation (‘FTC’) is, in that regard, a timely development. Given the central institutional role UN-related bodies already have in climate change, sea …

Saving Camelot? Nil And The Future Of Amateurism, William W. Berry Iii

BYU Law Review

This Article explores the future of intercollegiate athletics with a diminished (and perhaps even disappearing) amateurism model. Specifically, the Article argues that athletic conferences are in the best position to “save Camelot”—to preserve the aspects of college sports that make them beloved and distinctive—while at the same time realistically accounting for an evolving economic and legal landscape.

In Part I, the Article describes the economics of the NCAA’s current amateurism model. Part II explores the recent changes to the NCAA’s amateurism model in light of the Supreme Court’s decision in Alston v. NCAA and the widespread adoption of state name, …

European Soft Law Instruments For Sustainability Agreements – Presentation Of Procedural Issues, Critical Analysis And Recommendations For The President Of The Occp, Agata Zawłocka-Turno

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article focuses on the procedural aspects of soft law tools employed by competition authorities in Europe, in order to help businesses advance sustainable development. In response to global challenges, such as the climate crisis, some authorities have introduced guidelines and informal guidance to enable companies to undertake pro-environmental collaboration, without breaching competition laws. Examples include guidelines from the European Commission, as well as those from the UK, Dutch, and French competition authorities. The article examines how effective these tools are, their impact on legal certainty for businesses, and explores how a similar approach could be implemented by the Polish …

Fentanyl, Narco-Terrorism, And National Security Politics, J. Richard Broughton

San Diego Law Review

This Article examines the use of a counterterrorism model to attack the fentanyl crisis. Rather than advocate for or against such a model, this Article envisions what employing a counterterrorism model against international drug traffickers would look like. Noting the dimensions of national security politics that intersect with counter-fentanyl policy, this Article will evaluate three distinct counterterrorism approaches: (1) using criminal counterterrorism statutes in federal indictments and prosecutions; (2) designating drug trafficking organizations as Foreign Terrorist Organizations (FTOs); and (3) authorizing the use of military force against Mexican cartels. While the current state of bellicose national security politics can inform …

The Uses Of The Border, Salvador G. Sarmiento

San Diego Law Review

It is a good and necessary time to discuss “American Law at the Border” to better understand and engage with the politics and laws ostensibly addressing U.S. borders. Let’s hope it is also an exercise in understanding the borders of U.S. law itself—the limits, the periphery, and the jagged edges. A discussion on American law at the border should make clear that what is considered at the margins—starting with migrant labor—is central to U.S. economic, legal, and political life.

The first section of this Article will discuss the political uses of the border, beginning with the most recent example of …

A Constitutional Right To Exclude Evidence, Colin Miller

Texas A&M Law Review

The Supreme Court has held that criminal defendants have a constitutional right to introduce evidence and a constitutional right to receive evidence, but it has never recognized a constitutional right to exclude evidence. Specifically, the Supreme Court has issued numerous rulings finding that the Due Process Clause demands that (1) defendants have the right to present a defense that trumps the rules of evidence; (2) the prosecution must disclose material exculpatory evidence to the defense; (3) the State has certain duties to preserve evidence so that it can be disclosed to the defense; and (4) any discovery obligations on defendants …

Two Birds, Two Stones: Separating Biodiversity Conservation From Patent Law, Jessie Sadlon

Nebraska Law Bulletin (Selected Issues)

The current decline in biodiversity is faster than any other point in human history.[1] Overexploitation is the leading driver of biodiversity loss; species are harvested at unreplenishable rates. Government, non-government, and industry representatives are searching for direction in addressing this rapid species loss. In particular, the World Intellectual Property Organization (“WIPO”) is looking to channel biodiversity conservation through patent systems by instituting an origin disclosure requirement within the patent application process. This paper explores the intersection of biodiversity and innovation, contending the origin disclosure requirement is an unjustified, ineffective mechanism to effectuate biodiversity conservation.

Part II describes the biodiversity crisis …

An Analysis Of Due Process Hearing Decisions For “§ 504-Only” Students, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

Many empirical analyses have tracked the trends for both the frequency and outcomes of due process hearing decisions under the IDEA. However, the literature entirely lacks any such analysis of due process hearing decisions under § 504. This gap in the literature is largely attributable to two overlapping factors: these decisions are much less numerous than those under the IDEA, and they are not publicly available. The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for § 504-only students. Part I of …

Volume 7 (2024) Artificial Intelligence And Responsibility, Arwa Alnajashi, Danielle Derise, Philip L. Frana, David Mcgraw, Amanda Sawyer, Tatjana Titareva, Raafat Zaini, Allie Zombron

International Journal on Responsibility

The seventh volume of the International Journal on Responsibility (IJR) arrives at a crucial moment in the evolution of artificial intelligence and its integration into our academic and social fabric. As we witness the rapid advancement and deployment of AI systems across various domains, this special issue examines the multifaceted dimensions of responsibility surrounding AI technology, with a particular focus on its role in higher education and broader societal implications.

The articles in this volume contribute to our understanding of responsibility through diverse lenses, from classroom implementation to ethical design considerations. Together, they fulfill IJR’s central mission of exploring “Who …

Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett

Public Land & Resources Law Review

Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.

Schutter V. State Board Of Land Commissioners, Gillian P. Ellison

Public Land & Resources Law Review

In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.

Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard

Public Land & Resources Law Review

Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …

Colliding Doctrines: How Sffa V. Harvard Impacts Public University Officials' Legal Protections, Christo Fosse

University of Cincinnati Law Review

No abstract provided.

Transgenerational Legislative Awareness Issues In Children's Food, Yi Seul Kim

Duke Environmental Law & Policy Forum

No abstract provided.

A New Form Of Greenwashing: Why The Implementation Of Carbon Capture Cannot Be Justified For The Public Good Under The Takings Clause Of The Fifth Amendment, Emma Valiante

Seton Hall Law Review

No abstract provided.

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for wanton destruction of wildlife, a third degree felony, in the Sixth Judicial District, Kane County, the Honorable Mandy Larsen presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

NATALIE M. EDMUNDSON, SEAN D. REYES, JEFFREY N. STOTT, Counsel for Appellee

Toward A Broader Theocentric Environmentalism, Melvin L. Otey

Duke Environmental Law & Policy Forum

No abstract provided.

Altruistic Arbitrage And Climate Change Mitigation:Rethinking The Role Of Cap And Trade Policies, Fatjon Kaja, Matthew G. Nagler

Duke Environmental Law & Policy Forum

We examine the implications for efficient public goods provision by exploring the relationship of altruism to the endowment effect, focusing our analysis on the problem of climate change mitigation. We argue that the reduction in distortionary valuation (i.e., willingness-to-accept departing from willingness-to-pay) experienced by altruistic market participants implies an ability to mediate ignored trades and extract the gains from trade — an activity we call "altruistic arbitrage" — thereby improving the efficiency of markets. This activity, broadly speaking, restores the Coase Theorem in the context of WTA-WTP disparities. Moreover, it leads to previously unidentified benefits to when markets are employed …

On The Brink: Red Wolves On The Albemarle Peninsula, Jessica Hardee

Duke Environmental Law & Policy Forum

No abstract provided.

Disgusted Judges And Domestic Violence, Jessica Miles

Seton Hall Law Review

No abstract provided.

Revisiting Territorial Sovereignty: Origins, Legitimacy, And Modern Implications, Henan Hu

San Diego International Law Journal

The conventional linkage between territory and sovereignty in international law requires reevaluation, with territorial rights shifting from states to nations. Drawing on Anthony Smith’s theory of historical continuity between pre-modern ethnic communities and modern nations, this article argues that legitimate claims to territory are grounded in the historical consolidation of social, economic, and political ties by ethnic groups to specific lands. It traces the evolution of territorial rights from loosely defined ethnic living areas and fluid state boundaries to the modern conception of national territories under effective control. By distinguishing sovereignty as a construct of the state and territory as …

Lessons Learned: Jason Cave, Vincient Arnold, Greg Feldberg

Journal of Financial Crises

Jason Cave was the senior adviser to the chairman of the Federal Deposit Insurance Corporation (FDIC) from 2008 to 2011 and the deputy director of the Division of Complex Financial Institutions at the FDIC from 2011 to 2013. This Lessons Learned summary is based on an interview with Cave held on April 8, 2024. During the interview, Cave discussed the so-called ring-fencing arrangements planned, considered, or executed between various agencies of the US government—the Federal Reserve, Department of the Treasury, and FDIC—and three banks: Wachovia, Citigroup, and Bank of America. These arrangements, sometimes referred to as wraps or risk shields, …

Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz

Public Land & Resources Law Review

Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …

The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green

Public Land & Resources Law Review

The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …

Title Vii & The First Amendment: Perpetuating The Lack Of Asian American Representation In The Entertainment Industry, Mandri Randeniya

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Proof Of Causation In A Private Action For Acid Rain Damage, Patrick J. Scully

Maine Law Review

The acid rain problem has become one of the major environmental issues of our day. Each new report on the subject is more disturbing than the last, documenting serious and often irreversible effects of acid rain on lakes and streams, fish and other aquatic life, forests, soils, buildings, and even human health. Present federal legislation is inadequate to deal with acid rain effectively. Proposed legislation could help ameliorate the problem, but even if adopted the effects of such proposals will not be felt until early in the next century. Furthermore, the current administration, particularly the Environmental Protection Agency (EPA), has …