Digital Commons Network^™

Vigilante Violence, The Rise Of The New Right, And The Persistence Of The Texas Farmworkers, 1975–1980, Brent M. S. Campney, Tim Bowman

History Faculty Publications

This study charts the ineffective vigilante violence perpetrated by growers in the Rio Grande Valley of Texas to suppress farmworker activism from the mid-to-late 1970s and their abrupt shift in tactics with a 1980 strike in Hereford, Texas, toward the adoption of strictly nonviolent and tediously legalistic new methods associated with the neoconservative backlash. It does so in two major sections. In the first, grower violence is chronicled in detail that underscores both its rage and ineffectiveness. The second section shows how the New Right usurped the longstanding usage of physical violence against ethnic Mexicans in Texas, prompting conservatives to …

The Corpus Juris Of (Alaska Native) Inherent Tribal Sovereignty, Nazune Menka

Alaska Law Review

The inherent Tribal sovereignty of Native nations predates the formation of the United States and is reflected in the constitutional vision of tripartite sovereignty. Yet their sovereignty is oft diminished explicitly by federal law or implicitly by federal courts. This implicit divestiture is often the result of the federal judiciary’s inconsistent interpretations of Indigenous Peoples law. This Article argues that a more principled and coherent approach for federal judges would be to consistently make use of the corpus juris, or whole body of law, including the in pari materia or affiliated statutes canon. The Article posits that the corpus juris …

Anchoring Deference: The Chevron Doctrine, Loper Bright, And Alaska Administrative Law, Jon W. Katchen, Will R. Crowther

Alaska Law Review

After statehood, the Alaska Supreme Court operated on a blank legal slate. No Alaska precedent, for example, addressed the fundamental question of when courts should defer to an agency’s statutory interpretation. In addressing this issue, the Alaska Supreme Court largely adopted the framework developed by federal courts in the 1950s and 1960s, prior to the emergence of the Chevron doctrine. The federal case law from this era relied on nebulous standards to guide when an agency’s interpretations were subject to the deferential reasonable basis review. Not surprisingly, by adopting that federal jurisprudence, Alaska precedent suffers from the same shortcomings. And …

Alaska’S Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Alaska Law Review

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s coral reefs are exceedingly valuable to the Earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections, which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., …

Land Use Zoning: The Answer To Housing Affordability? A Look At Aukland, New Zealand And Minneapolis, Minnesota, Charlsey Kelly

Georgia Journal of International & Comparative Law

For many individuals, purchasing their first home is a monumental step which they look forward to for years. Homes are one of the most valuable assets individuals purchase within their lifetime. In the current housing market, reaching this milestone is becoming more and more difficult for individuals. Adequate and affordable housing is scarce. This is not just an issue plaguing the United States, but it is an issue many metro areas worldwide currently face.

Delegation And Agency Deference In Financial Regulation: A Comparative Eu-U.S. Perspective, Rosa M. Lastra, Patricia A. Mccoy

Law and Contemporary Problems

No abstract provided.

Faith-Based Organizations In Foreign Aid (Forfa) Codebook, Susan Turner Haynes

Faculty Works

This codebook was designed to guide undergraduate students in coding the faith status of USAID Grant recipients and is being made available to facilitate further use in the classroom. Please contact the author for any inquiries ([email protected]).

Fda Policy Shift On Clinical Efficacy Study Requirements For Monoclonal Antibody Biosimilars, Rileigh Rahrig, Madilyn Paphanchith, Allie Honigford, Daniella Egbujor, Haley Brown, Jenny Magana Figueroa, Connor Dains, Brenna Hissong, Kyle W. Parker

Pharmacy and Wellness Review

Biologic products are widely used in the treatment of various disease states, including rheumatoid arthritis, inflammatory bowel disease, cancers, and genetic diseases. These products are derived from proteins and genes produced by living organisms and are subsequently used to treat specific disease states. Due to the complexity of biological products, the costs of research and production are high. Currently, the United States approval pathway requires extensive testing for biologics to be designated as biosimilars, meaning there are no clinically meaningful differences in safety or purity of their active components. These required tests can be redundant, as biosimilars are developed using …

Surf And Turf: How Litigation Against Concentrated Animal Feeding Operations Can Inform Regulation Of The Aquaculture Industry, Amanda Kapitula

Pace Environmental Law Review

Industrial agriculture dominates the U.S. agricultural industry. On land, animals are stuffed into factory-like facilities, called concentrated animal feeding operations (“CAFOs”), where they are raised to maximize the output of food products. In the process, they produce vast amounts of waste, contaminating surrounding air and water resources. Increasingly, factory farms are making their way into the water as the fishing industry shifts from wild-catch systems to aquaculture operations, or the raising of fish for consumption. While aquaculture has the potential to be a more sustainable option than both wild-catch and animal agriculture, concentrated aquatic animal production facilities (“CAAPFs”) also have …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Discrimination Experienced By Single Mothers In Morocco, Hind Chokri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Despite legal reforms and Morocco’s ratification of international instruments aimed at combating discrimination and violence against women, single mothers continue to face persistent stigma and multiple forms of discrimination. This article analyzes the legal, social, and economic determinants that shape discrimination across the life course of single mothers. It reviews the legal status of single mothers and their children under Moroccan legislation and highlights barriers to protection, social inclusion, and economic opportunities.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Akron Law Review

No abstract provided.

The Role Of Waqf In Achieving Development: Livestock Waqf As A Model, Mohamed Jarmouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the role of waqf (endowment) in achieving development by highlighting its historical, social, and economic potential, with a focus on livestock waqf as a model that can support food security, reduce poverty, foster investment and scientific research, and contribute to environmental protection. It reviews juristic positions on endowing animals and discusses rules of maintenance and substitution to ensure continuity of benefit and fidelity to the donor’s intent.

When Ownership Meets Licensing–New Normative Expectations And The Need For Nft Categorization: All Your Projects “Are” Belong To Us, Charles Belle

UC Law Science and Technology Journal

The current treatment of all NFTs in legal scholarship as identical digital assets fundamentally misunderstands their varied applications and the new normative expectations they create. The Moonbirds controversy of 2022, where a creator’s unilateral license change affected nearly 20,000 token holders, exemplifies the crisis: token holders believed they owned digital assets that could be controlled and commercialized, but existing copyright frameworks treat NFTs merely as licenses subject to creator discretion. Picture for Profile (PFP) Projects—community-based NFT collections involving thousands of tokens often with governance and commercial rights—combine concepts of possession, community governance, and commercialization in ways that challenge traditional intellectual …

Center For Biological Diversity V. U.S. Bureau Of Land Management, Erika C. Rader

Public Land & Resources Law Review

The Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. marks the Ninth Circuit’s second time considering the Willow Project, which plans to drill oil in Alaska. Environmental plaintiffs brought a series of claims under NEPA, the Reserves Act, ANILCA, and the ESA to stop or stall the Project. Plaintiffs focused on the BLM’s use of a “full field development standard” in assessing alternatives to the Project. Despite the range of claims, the Ninth Circuit allowed the Project to move forward, but on remand required the BLM to explain its reasoning for departing from the full field development standard …

Artificial Investments: Consumer Protection For Ai-Generated Quantitative Trading Algorithms, Eric Heyland

St. Mary's Law Journal

No abstract provided.

The Stripes Of Glory We Wear: Reflections Of The Legal Role And Intricacies Of Citizenship In The History And Foundation Of The Malaysian State

Washington International Law Journal

Abstract: The meaning of citizenship in Malaysia is a tale as old as the country itself—a thorny triangular relationship between the state; the Bumiputera majority of Malay and indigenous natives; and the non-Bumiputeras minority of Chinese and Indians who primarily migrated when the region was under British colonial rule and influence. In the present, Bumiputeras enjoy a constitutionally stipulated special status—a distinction that bestows many privileges and preferential treatment in all facets of life, from commerce to education, homeownership to government employment, that is off-limits to non-Bumiputeras. Supporters of the system argue it remains necessary—a form of affirmative action …

The West And The Rest: Misplaced Blame Of Underdevelopment, Rana R. Abadeer

Theses and Dissertations

This paper will discuss the link between the history of colonialism and the genesis and evolution of International Law and in turn the role played by this relationship to maintain it, directly or indirectly, to our current day. The blame of underdevelopment is often misplaced, and its responsibility falls on the Global South for their inability to follow the same momentum of development as the Global North. Nevertheless, the aim of this paper is to prove that this blame of underdevelopment given its original reasons should be placed elsewhere. With that, the discussion of where the blame should be is …

Nova Law Review Full Issue Volume 50, Issue 1

Nova Law Review

No abstract provided.

Untangling Ai Openness, Parth Nobel, Alan Z. Rozenshtein, Chinmayi Sharma

Faculty Scholarship

The debate over AI openness—whether to make components of an artificial intelligence system available for public inspection and modification—forces policymakers to balance innovation, democratized access, safety and national security. By inviting startups and researchers into the fold, it enables independent oversight and inclusive collaboration. But technology giants can also use it to entrench their own power, while adversaries can use it to shortcut years and billions of dollars in building systems, like China’s Deepseek-R1, that rival our own. How we govern AI openness today will shape the future of AI and America’s role in it.   Policymakers and scholars grasp the …

Always Elsewhere: Constitutional Rights In Ccr, Audrey Macklin, Josh Blum

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The Canada-United States Safe Third Country Agreement (“STCA”) requires refugee claimants travelling overland to seek protection in the first country of arrival as between Canada and the United States. The Federal Court determined that the United States’ detention practices did not comply with minimum human rights standards, such that Canada breached section 7 obligations to the applicant refugee claimants by deflecting them back to the United States. The Federal Court of Appeal overturned the decision, and the Supreme Court of Canada dismissed the appeal. The authors review the CCR judgment and present it as a cautionary tale about how a …

The Pedagogy Of Legal Synthesis, Stephen Mortellaro

Scholarly Articles

The ability to synthesize implicit legal principles from many ambiguous cases is a mark of a skilled attorney. But legal synthesis is notoriously challenging to teach, and law students typically receive little explicit guidance on how to synthesize. The literature likewise offers law professors little direction on how to impart the skill successfully. This Article serves as a guide for professors to effectively train law students to synthesize implicit legal principles. Drawing upon cognitive science, the study of logic, and educational research, this Article explains the challenges of learning legal synthesis and equips professors with pedagogical methods and curricular resources …

Corporate Culpability And The Tragedy Of The Commons: Extraction And Enforcement Schemes In Brazil And Nigeria, Jane Ijeoma Onuoha

Emory International Law Review

Natural resources that were abundant decades ago are now at an all-time low. Meanwhile, corporations continue to benefit from using the Earth and its resources for their profit. Rather than enforcing established legal frameworks designed to protect the environment and human rights, governments often allow corruption, control, and competition to create opportunities for gain through complicity. In countries like the Federative Republic of Brazil and in the Federal Republic of Nigeria, the effects of inaction are taking a toll on the natural resources that each country relies on. Multinational corporations are not held accountable for their corrupt and illegal extractive …

Originalism, Methodolatry, And The Only Guarantee Of Wisconsin, Chad M. Oldfather

Faculty Publications

Originalism, loosely defined, commands a majority on the Supreme Court and dominates legal discourse in a way that would have been unrecognizable a generation ago. Yet its actual constraining effect on judicial behavior remains doubtful. This Article offers two contributions to the long-running debate. First, it identifies a pathology in both originalist scholarship and practice that it terms "methodolatry"—a preoccupation with methodological refinement that threatens to elevate method over the purposes interpretation is meant to serve. Second, and more importantly, it argues that debates over interpretive method, however vigorous, fail to address the core problem. Text and history offer relatively …

The Hidden Narrative: How The Clean Water Act Wetlands Program Culminated In Sackett, Sam Kalen

Wyoming Law Review

Two federal employees lay murdered on property presumably being developed in violation of the Clean Water Act (CWA).¹ Should those federal officials from the Environmental Protection Agency (EPA) have been there? Was the land even subject to the CWA’s Section 404 wetland program? Or possibly, was this yet another version of what confronted an Idaho couple back in 2012, this time in the central reaches of sparsely populated Wyoming? After all, the Idaho couple, Mr. & Mrs. Sackett, argued that their property, just 300 feet from Priest Lake, Idaho, was not a wetland capable of being regulated by the …

Missing The Forest For The Trees:The Supreme Court Of Canada’S Formalistic Approach Inthe Iaa Reference A Setback For Environmental And Climate Law In Canada, Nathalie J. Chalifour

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This article explores whether the Supreme Court of Canada majority’s reasons in the Reference re Impact Assessment Act missed the forest for the trees. By applying a literal interpretation to the definition of “effects within federal jurisdiction” and what the Court called the “interprovincial effects clause” in the legislation, the majority departed from decades of flexible, purposive interpretation of environmental legislation. This article highlights three interrelated critiques of this aspect of the decision. First, it unpacks the way in which the majority’s reasons run contrary to the Supreme Court’s consistent approach to interpreting environmental legislation in previous decisions, inviting readers …

Leaving The Charter At Home: From Hape To Mcgregor, Gerald Chan, Benjamin Zolf

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Almost 20 years ago, in R. v. Hape, the Supreme Court held that Canadian police investigations can proceed unfettered by constitutional constraints, so long as they take place outside of Canada. The Court recently had the opportunity to revisit this position in R. v. McGregor, but declined to clarify Hape, let alone revisit it. This paper argues that this was a missed opportunity. Hape rests on the flawed premise that the extraterritorial application of the Charter would interfere with other nations’ sovereignty. The three exceptions to Hape’s general rule of non-extraterritorial application are either illusory or in tension with that …

Vol. 29, No. 1: Masthead

Water Law Review

No abstract provided.

Vol. 29, No. 1: Full Issue

Water Law Review

No abstract provided.