Digital Commons Network^™

Antitrust, Attention, And The Mental Health Crisis, Gregory Day

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

No abstract provided.

Foundational Failings: A Case Study On Us Interventions Overseas, Martin Hopman

Senior Honors Theses

This thesis will seek to demonstrate how the U.S.'s attempt to export democracy by leading the NATO air campaign to overthrow Muamar el Gadafi in 2011 undermined U.S. foreign policy goals producing regional instability and power vacuums. This work will attempt to summarize the historical fragility of democracies, the cultural basis needed to establish a strong democratic system, the tradition of autocratic government in the Middle East, and how all three of these factors were largely ignored in overall U.S. planning and strategy in its intervention in the Libyan Civil War. Finally, an alternative foreign policy criterion for assessing U.S. …

The Color Of Justice, Alexis Hoag

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.

“Hey Stephen”, Leah M. Litman

Michigan Law Review

A Review of The Authority of the Court and the Peril of Politics. By Stephen Breyer.

The Truth About Property, Jessica A. Shoemaker

Michigan Law Review

A Review of Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky.

Reconstructing Rural Discourse, Bailey Tulloch

Michigan Law Review

A Review of Where the Crawdads Sing. By Delia Owens.

Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark

Montana Law Review

No abstract provided.

Introduction: Two Perspectives On Sara Mayeux’S Free Justice, Brooke Simone, Aditya Vedapudi

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.

Alba And Unasur: Back To The Future?, Porrata-Doria, Jr., Rafael A.

Santa Clara Journal of International Law

This essay discusses efforts at creating a unified Latin American region through the lens of different integration attempts. Part I briefly examines MERCOSUR and the Andean Group and how these two efforts failed to achieve promises made under the free trade model that grew under the Washington Consensus. Structural problems and changing political tides left these two groups unsuccessful, and ultimately the election of populist leftwing presidents in Argentina, Brazil, and Venezuela ushered in a new model of integration intended to increase the economic development of Latin America in an equitable fashion. Despite their different ideologies and missions, both Alianza …

No Justice, No Pleas: Subverting Mass Incarceration Through Defendant Collective Action, Andrew Manuel Crespo

Fordham Law Review

The American penal system is a system of massive, racially unjust incarceration. It is also, to quote the U.S. Supreme Court, a “system of pleas.” The latter drives the former, as coercive plea bargaining makes it possible for the state to do two things that are otherwise hard to pull off at once: increase convictions and sentence lengths. Mass incarceration is a predictable result. But while plea bargaining is intensely coercive when leveraged against individuals, the system of pleas has a structural weak point. That Achilles’ heel is exposed once we see people facing prosecution not as isolated individuals but …

Racial Allies, Atinuke O. Adediran

Fordham Law Review

Racial allies are white individuals and institutions that actively work to dismantle systems of racial inequality and the consequences of poverty that disproportionately impact communities of color and that are willing to both confer and share power with members of subjugated groups. There is no other sector of the legal profession that professes to be racial allies more than individuals and institutions within the public interest law sector. Yet, these institutions that address structural racism and disproportionately serve communities of color appear not to share power with racial and ethnic minorities. The public interest law sector has been at the …

The Firearm Preemption Phenomenon, Rachel Simon

Cardozo Law Review

Forty-five states have adopted express preemption statutes curtailing or entirely prohibiting local gun regulation, and several jurisdictions now threaten localities with penalties for violating such restrictions. These measures have been remarkably effective in reducing the breadth and variety of gun laws nationwide, but their consequences have only just begun to attract attention. Public debates over guns tend to center on the Second Amendment while overlooking state-level obstacles to local lawmaking, and the scholarship on state-local preemption lacks an analysis devoted exclusively to the gun-policy space.

To fill these gaps, this Article provides a comprehensive account of the firearm preemption phenomenon. …

Transnational Migrant Deterrence, Anita Sinha

Scholarly Articles in Law Reviews & Journals

The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective ofthis nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability for …

"It's Okay To Not Be Okay": The 2021 Survey Of Law Student Well-Being, David Jaffe, Katherine M. Bender, Jerome Organ

Scholarly Articles in Law Reviews & Journals

The Survey of Law Student Well-Being, implemented in Spring 2014 [hereinafter "2014 SLSWB"], was the first multi-law school study in over twenty years to assess alcohol and drug use among law students, and it was the first multi-law school study ever to address prescription drug use, mental health, and help-seeking attitudes. The article summarizing the results of the 2014 SLSWB has been downloaded over 12,000 times.

With a desire to learn what has changed since 2014 given the increased emphasis on law student and lawyer well-being among law schools and legal professionals, the authors sought and received grant funding from …

"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon

Articles & Chapters

One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.

It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …

Reimagine Descriptive Workflows: A Community-Informed Agenda For Reparative And Inclusive Descriptive Practice, Rachel L. Frick, Merrilee Proffitt

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The Reimagine Descriptive Workflows project convened a group of experts, practitioners, and community members to determine ways of improving descriptive practices, tools, infrastructure, and workflows in libraries and archives. The result, this community agenda, is offered to the broad library and archives community of practice. The agenda draws together insights from the convening, related research, and operational work that is ongoing in the field. All institutions hold power to make meaningful changes in this space, and all share collective responsibility.

The agenda is not a “how-to guide,” but it is constructed to instruct and chart a path toward …

Truth Or Consequences (The Deadly Kind): Oath Swearing In Nigerien Customary Law, Thomas A. Kelley Iii

North Carolina Journal of International Law

No abstract provided.

Exploring The Bedrock For Earth Jurisprudence, Maria Antonia Tigre

Sabin Center for Climate Change Law

This article calls for a reassessment of our core beliefs on how we relate to the environment through a deep dive into the philosophical foundations of environmental protection. With this purpose, it shows how Earth-centered discourses have existed in human societies and civilizations for millennia. Different religious and philosophical underpinnings all share a view of humanity as an integral part of an organic whole, revering all living things. While recent developments in jurisprudence may appear novel, they are somewhat latent and emergent. Theories of land ethics, rights of nature, Earth-centered environmental ethics, wild law, and Earth jurisprudence all build on …

Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher

Missouri Law Review

For centuries, scholars, judges, and lawmakers have argued over the role of the judiciary in striking down laws created by a democratically elected legislature. This problem has come to be known as the “Countermajoritarian Difficulty.” The famous Carolene Products footnote offers one widely accepted answer to the Countermajoritarian Difficulty. It stipulates that the judiciary should only invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and allowed the legislature to create economic regulations. Debates on this subject typically involve federal courts. However, the Supreme …

Bargaining For Abolition, Zohra Ahmed

Faculty Scholarship

What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.¹ Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.² The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …

Transboundary Aquifers, Raya Marina Stephan, Alice Aureli, Aurélien Dumont, Annukka Lipponen, Sarah Tiefenauer-Linardon, Christina Fraser, Alfonso Rivera, Shammy Puri, Stefano Burchi, Gabriel Eckstein, Christian Brethaut, Ziad Khayat, Karen Villholth, Lesha Witmer, Renee Martin-Nagle, Anita Milman, Francesco Sindico, James Dalton

Faculty Scholarship

This chapter gives an overview of the status of transboundary aquifers and the cooperation related to shared groundwater resources, highlighting the complexity of the assessment, analysis and management of these systems. It summarizes the main challenges regarding transboundary aquifers and the need for more comprehensive and integrated management, which would include technical, legal and organizational aspects as well as training and cooperation.

Foreign Law In Federal Courts: Challenges For The Twenty-First Century, William J. Nardini

Howard and Iris Kaplan Memorial Lecture

No abstract provided.

Unionizing In The Chambers Of Government, Louis Cholden-Brown

Richmond Public Interest Law Review

As overall union membership stagnates nationwide due to the contraction

of traditionally unionized industries, labor organizations have made historic

inroads into new, highly volatile employment sectors, including digital media,

tech, political campaigns, and the gig economy. One such sector that

has seen new life is state and local legislative employees. Excluded from coverage

by the National Labor Relations Act, legislative employees have been

subject to disparate labor rights, job protections, and terms and conditions

of employment across and within states. While efforts to secure collective

bargaining rights for this sector have occurred over the past twenty-five

years, the simultaneous yet …

Nilai-Nilai Pancasila Di Tengah Perubahan Peta Geopolitik Global: Analisis Kepentingan Nasional Dalam Pembentukan Kebijakan Hukum, Kris Wijoyo Soepandji, M. Sofyan Pulungan

Jurnal Hukum & Pembangunan

Pancasila as the basis of the state is the main guideline for Indonesian political and social life. In the field of law, Pancasila has been determined as the main source national legislation process. However, the competing interests in formulation of legal policies sometimes put Pancasila values at difficult position to be implemented. Indonesian lawmakers should end the unfavorable situation by utilizing geopolitical knowledge. Moreover, currently there is important change in the global geopolitical map which provides opportunity for Indonesia to make legal policies which are in accordance with its national interests. This research was conducted based on the inter-disciplinary legal …

Taxonomy Of Ministerial Appointment Processes, Michelle Johnston

Indiana Journal of Constitutional Design

In parliamentary governments, executive power rests in an executive body of ministers commonly referred to as “the cabinet” or “the government.” Cabinet ministers, including the prime minister, are tasked with researching, drafting, and proposing laws and policies to their legislative counterparts in parliament. Because cabinets are generally comprised at least partially of select members of parliament, parliamentary systems are characterized by the interactions and interdependence of the legislative and executive branches. Whereas presidential systems lean into separation of powers to restrict governmental power, parliamentary systems rely on integration of the branches to ensure that political powers remain in check. Executive …

Internal Arbitration As A Means For Resolving Youtube’S Rampant Copyright Problem, Thomas Mcgovern

Cardozo Journal of Conflict Resolution (CJCR) Blog

YouTube, like other social media platforms, has given countless individuals the ability to produce and monetize their own videos in a way that has begun to mirror and even revolutionize traditional media and entertainment production. From talk shows and educational programs to cooking shows—and everything in between—“content” creators,” as they are called, have provided lucrative channels for viewership. One of the most notable YouTubers, with the handle MrBeast, has reportedly accrued a net worth of $25 million.

This post was originally published on the Cardozo Journal of Conflict Resolution website on March 27, 2022. The original post can be accessed …

Maroons, The Law And Degrowth: A Sustainable People In A Sustainable Environment, Brenda Reddix-Smalls

Duke Environmental Law & Policy Forum

Maroon settlements in North America's Mid-Atlantic colonies have recently received extensive attention from scholars and researchers. While anthropological and archaeological research and explorations have unearthed significant material liminal artifacts to indicate the presence of maroon communities in the Great Dismal Swamp (GDS) located between Virginia and North Carolina, few human remains from the interior have been reported and unearthed. Colonial records, slave laws, deeds, and newspaper advertisements of the early colonial period (1600s–1800s), provide written documentary evidence of maroon presence in the GDS. However, scant attention has been paid to the correlation between the profit motives of the colonial settlers, …

Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons

Villanova Environmental Law Journal (1991 - )

No abstract provided.

John Serrano Did Not Vote For Proposition 13, William A. Fischel

BYU Education & Law Journal

Rather than advancing new arguments, this essay will review my work on this subject in the form of a memoir (with popular-song headings that betray my vintage) about my evolving interest in the Serrano and Proposition 13 connection.

The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib

Sustainable Development Law & Policy

Introduction

The ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).

In 2016, the PBT …