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Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 30, Issue 1.

The Public Utility Tradition In Antitrust Remedies, Ganesh Sitaraman

Emory Law Journal

Historically, courts, jurists, legislatures, and scholars have recognized that some businesses provide important services to society in sectors in which competition is unlikely to achieve the public interest. Policymakers adopted statutes that comprehensively regulated the market structure and operations of these businesses as public utilities, including, among other things, by determining entry and exit into business lines; overseeing or affirmatively setting prices; and requiring uniform, nondiscriminatory sales and access. When policymakers had not—or had not yet––stepped in to legislatively regulate these enterprises, abuses of power were possible. Private plaintiffs and governments sued under the common law or antitrust laws to …

Book Review: Automobiles, Cultures And The Question Of Law, Stephen M. Young

Journal of Law and Mobility

Unsettling Colonial Automobilities: Criminalisation and Contested Sovereignties is a compelling interdisciplinary and multileveled study that sits at the intersection of law, criminology, settler colonial studies, and cultural analysis. The authors are well-suited to this task. They include Professors Harry Blagg, with expertise in First Nations community-engaged criminology; Thalia Anthony, from legal and carceral studies; Wiradjuri scholar Juanita Sherwood, who studies Indigenous health and community research; and Kieran Tranter, an expert in cultural legal theory. Together, they offer a layered interrogation of how the motor vehicle and automobility shape the settler colonial ordering of Australia.

This review is comprised of three …

Paying Financial Sanctions Via Incarceration: A Case Study Of “Sitting Out”, Beth Colgan, Jordan B. Woods

Journal of Criminal Law and Criminology

This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.

This study …

Leveraging Intellectual Property For Development: Insights From South Korea For Developing Countries, Gracie Alinafe Chimvula

Cybaris®

No abstract provided.

Reawakening Waⁿdat: Community Research & Reclamation, Darcy Allred

Theses and Dissertations

The Wyandot(te) have undergone language dormancy due to settler colonial impacts of warfare, refugee relocation, forced removals, and U.S. assimilation projects. One of the most pressing priorities among our people today is reawakening our ancestral language, Waⁿdat. The common follow-up question is: how? Through the conduit of Waⁿdat language reclamation, this project grapples with the above question in collaboration with the Wyandot(te) community, and in adherence to the tribal sovereignty of the Wyandotte Nation. The project engages with diasporic perspectives, community-based pedagogy design, and tribally specific research protocols and policies. The living collective knowledgebase with which I engage in this …

What Did The Sffa Court “Say To John”? White Innocents, Reciprocal Democratic Sacrifice, & The Message Of Affirmative Action, Nathan W. Dean

Minnesota Journal of Law & Inequality

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Revlon And The Common Good: Rethinking Shareholder Supremacy In Corporate Law, Domenic Ungaro

Student Works

No abstract provided.

Cartographic Segregation: Municipal School District Boundaries, Gentrification, And The Constitutional Limits Of Educational Fragmentation In New Jersey, Joli Doñé

Student Works

No abstract provided.

Emerging Trends In Diversity, Equity, And Inclusion (Dei) Laws And The Precarious State Of Affirmative Action College Admissions Programs, Edward Yanez

Student Works

No abstract provided.

Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal

Student Works

No abstract provided.

A Change Is Gonna Come:* Copyright Termination As Social Justice For Black Musical Creators, Natalie Polito

Student Works

No abstract provided.

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

Pesos For Pesos And No One Feels At Home: Gentrification And Displacement In Mexico City, Sophia L. Castellanos

CMC Senior Theses

This thesis investigates how gentrification and displacement have affected Mexico City, providing historical context and reasoning behind current policies for digital nomads and tourists. It examines policies enacted in similar cities such as Barcelona, Amsterdam, and Venice, which face challenges from increased tourism and short-term rentals like Airbnb. The thesis also reviews these regulations, highlighting their successes and limitations, and offers recommendations for integrating some of these strategies into Mexico City’s 2024 Tourism Law. Additionally, it explores public innovation strategies that could promote collaborations between the government and communities rather than complete government control. Finally, the paper discusses the challenges …

The Future Of U.S. Higher Education: Equity Implications Of Shifting Immigration Policies, Research Institute For Social Equity Rise

Research Institute for Social Equity

This report examines the impact of U.S. immigration policies on higher education and international students from 2000 to 2025. It traces five major policy eras, from the post- 9/11 security overhaul and Obama-era expansion to the restrictive turns of 2017–2020 and 2025, and analyzes how shifting regulations have influenced enrollment patterns, economic contributions, and student well-being. Despite hosting more than 1.1 million international students in 2023–2024, the U.S. share of the global student market has fallen from 20% to 16%, underscoring how policy volatility and restrictive measures weaken national competitiveness. Drawing on federal data, scholarly research, and institutional reports, this …

Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making, Jessica Mahon Scoles

Faculty Scholarship

In today’s real estate market, more housing decisions are being automated. If artificial intelligence renders a biased decision, will the person impacted have any legal recourse? Commentators have expressed concern that the proprietary nature of AI will allow defendants in discrimination lawsuits to avoid discovery, effectively shielding their decision making from judicial scrutiny. This article examines whether AI and algorithm-related information is the discovery black box that some fear it to be.

Addressing the issue in the context of Fair Housing Act (FHA) litigation, the article argues that concerns about access to AI and algorithm-related discovery are overstated. In real …

Maine Law Magazine - Issue No. 100, University Of Maine School Of Law

Maine Law Magazine

Features

• Maine Law’s Privacy Program Continues to Innovate
  How Maine Law’s privacy and innovation programs are preparing students for emerging legal challenges.

• New Business & Law Clinic
  Strengthening Maine’s economy one startup at a time.

• Global Experiential Learning
  From the Arctic Circle to U.N. climate negotiations, students engage with environmental law where it happens.

• Rural Access to Justice
  The Rural Practice Clinic’s impact on Maine’s growing justice gap.

• Law & Conservation Efforts
  How Maine Law alumni steward change and safeguard the future through environmental advocacy.

• Supporting Maine’s Vulnerable
  The Refugee & Human Rights Clinic expands access to justice across Maine. …

Medicaid's Broken Promise To Children, Jerron R. Wheeler

Faculty Articles

In the United States, poor children's access to necessary healthcare is determined more by geography than medical need. This variation is not the result of thoughtful local tailoring but of excessive state autonomy and passive federal oversight. The result is a fragmented and unequal system that obscures accountability and fails the Nation's most vulnerable children.

Building on scholarship showing how decentralized implementation of federal social programs can erode America's social safety net, this Article examines how one of Congress's most ambitious entitlements for children-Medicaid's Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit has been quietly undermined. In light of …

Race Conscious Programs After Students For Fair Admissions, Seonwoo Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that the federal government can legally mitigate geographical segregation and economic oppression by implementing race-conscious infrastructure and procurement policies. It contends that such efforts remain a compelling state interest under the strict scrutiny standards established in Students for Fair Admissions (SFFA), provided they are designed to remedy specific, identifiable past government discrimination.

Criminalizing Survival: How The Grants Pass Decision Is Intensifying The Homelessness Crisis In California And Beyond, Riley, Laura

Santa Clara Law Review

This article examines the intensifying criminalization of homelessness in the United States since the Supreme Court’s 2024 decision in Grants Pass v. Johnson, which removed the ability of people to challenge laws under the Eighth Amendment’s Cruel and Unusual Punishment Clause that prohibit survival behaviors in public places like sitting, sleeping, or lying down. The article explores the legal and practical challenges in documenting criminalization of homelessness, analyzes national and California-specific legislative trends and enforcement practices, and assesses the impacts on unhoused populations. The article concludes with policy recommendations to shift the state of homelessness criminalization from one of punitive …

Analysis Of Policies And Incentives For The Successful Implementation Of Hydrogen-Fueled Medium-Duty And Heavy-Duty Vehicles In Humboldt County, California, Alka Verma

Cal Poly Humboldt theses and projects

The 21st century has seen a significant rise in global greenhouse gas (GHG) emissions, with the transportation sector contributing 23% of these emissions. Medium-duty and heavy-duty vehicles (MD/HD) are particularly impactful, accounting for over a quarter of transport-related emissions. In Humboldt County, California, transportation represents 53% of total emissions, with MD/HD vehicles being a major contributor. As light-duty vehicles shift to zero-emission alternatives, the MD/HD sector faces unique challenges. Hydrogen fuel cell vehicles offer a promising solution, providing longer range, higher energy density, and quicker refueling compared to battery electric vehicles (BEVs). These features make hydrogen an attractive option for …

The Borderline Constitution, Pratheepan Gulasekaram

Publications

This Feature identifies and theorizes a distinct constitutional regime that federal courts have constructed at, adjacent to, and because of the nation’s border. Drawing together strands of First, Fourth, Fifth, and Fourteenth Amendment law, along with habeas doctrine, constitutional torts, tribal sovereignty, and separation-of-powers concerns, this Feature demonstrates how constitutional guarantees systematically recede in the border’s shadow. These deviations from canonical and mainstream constitutional norms authorize intrusive state invasions of privacy and other fundamental rights, abdicate judicial oversight in favor of outsized executive discretion, and entrench racial and religious subordination.

The Feature further demonstrates that the effects of border exceptionalism …

Criminal Procedure—When Procedure Overrides Purpose: The Fight Over Judicial Authority To Modify Restitution—United States V. O’Hara, 114 F.4th 557 (6th Cir. 2024), Alexandria Cormier

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams

Articles

This Article explores the regulation of the cannabis industry, highlighting its origins, history, and shortcomings. The Article then compares the cannabis and psilocybin industries, arguing against the replication of the cannabis regulatory structure for psilocybin. Instead, this Article will propose tailored regulatory solutions designed to address the unique characteristics of psilocybin and foster a well-regulated, safe, and effective market.

Regulatory Design Choices For Ai: The What, The Who And The How, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter identifies three common design choices that must be made in the course of an effort to regulate artificial intelligence “AI”). By isolating the way in which those different sovereign regulators approach these choices in respect to AI, it is possible to evaluate more clearly the likely effects of regulation, and to better understand aspects of regulatory design that to date have been overlooked. First, the “what” of AI regulation is not just a matter of how “AI” is defined, but also which element of the technology stack is targeted by law: compute, data, or models. Second, the “who” …

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

If I Only Had The Words (To Tell You): Billy Joel Lyrics In Legal And Medical Scholarship, Seuli Bose Brill, Christian H. Brill

Touro Law Review

Law and medicine are often considered to be among the least accessible professions, partly because of the heavy use of non colloquial jargon. This article examines more than 150 instances in which Billy Joel’s lyrics have been used to improve the accessibility of legal and medical scholarship. Legal and medical professionals have used the words of the “Piano Man” to discuss a variety of topics—everything from civil procedure to property rights and the COVID-19 pandemic to colorectal surgery. Nontraditional communications techniques of this type do not just contribute to the body of legal and medical scholarship; they also help professionals …

One Step Forward, Two Steps Back: How The New York Appellate Division Slowed The Progress Of Judge Cardozo’S Effort In Macpherson V. Buick Motor Co. To End Privity’S Stranglehold Over Negligence Claims In Product Injury Cases, Jeffrey A. Van Detta

Touro Law Review

This article aims to tell the story of how the various Departments of the New York State Appellate Division sometimes helped—and just as often hindered—the development of the product injury law in the wake of MacPherson v. Buick Motor Co. (1916). Hailed for loosening the privity requirement that barred persons injured by products from suing manufacturers and suppliers for negligence, MacPherson has become the stuff of legal legend. No one put it more picturesquely than Dean William L. Prosser, who in a justly famous law review article described privity as a “citadel” and presented MacPherson’s author, Judge Benjamin Nathan Cardozo, …

The Boundaries Of Law And Politics: Disputes Over Wisconsin's Maps For Political Districts Have A Long History, But The Last Few Years Have Brought Especially Intense Court Battles, John D. Johnson

Marquette Law Review

Wisconsin’s 2020 redistricting cycle was long, bitterly contested, and subject to dramatic reversals of fortune. Yet perhaps the most unusual feature of the whole process was how it ended in 2024: with a legislative redistricting plan passed by Republican legislators and signed by a Democratic Governor. Redistricting of the Wisconsin Legislature by divided political branches had occurred only three times prior in state history—in 1852, 1856, and 1971.

Redistricting may once have seemed a matter primarily of interest to political insiders. But the boundaries of legislative districts have great impact on politics and power, as the events of the last …