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Brief Of Amici Curiae The Notre Dame Law Education Project And Utah Education Fits All In Support Of Appellants, Tyler R. Green, Nicole Stelle Garnett

Court Briefs

No. 20250512-SC
Derek Brown, Attorney General v. Kevin Labresh

From the Argument

No one doubts the significant public interest in K-12 education. Brown v. Board of Education, 347 U.S. 483, 493 (1954) (“[E]ducation is perhaps the most important function of state and local governments.”). And, for centuries, the critical responsibility for educating young people has been borne in significant part by private schools. Indeed, for many decades, private schools were essentially the only source of childhood education in the United States. It is a role those schools served—and continue to serve—well. While in Utah, as elsewhere, public schools are …

Adversarial Comparativism: The Role Of Emotion In United States–China Comparative Law Projects, Matthew S. Erie

Scholarly Articles in Law Reviews & Journals

Contemporary comparative law operates across a landscape riven by protectionism, nationalism, and securitization, all of which complicate comparative law projects. Nowhere is this more evident than in the U.S-China relationship, the most important bilateral relationship in the world. Despite economic “delinking,” the U.S. and Chinese legal systems are interacting more than ever; however, how this interaction works is poorly understood. This Article proposes “adversarial comparativism” to explain this dynamic. It is an approach to comparative law and politics that includes different modalities: competition, aggressiveness, transactionalism, misunderstanding, opportunism, and gaslighting. Many of these are underpinned by emotion. As such, while this …

Mmu: 01/19/26-01/25/26, Student Bar Association

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Roads To Regulation: A Discussion On Non-State Armed Groups' International Health Law Obligations, Eric Fogle

Journal of Law and Health

Non-state actors can look and operate like governments, yet without formal statehood, they exist in a regulatory gray area. Non state actors play an increasingly influential role in international law, yet they remain largely unregulated. This paper examines non-state actors as a class, with particular attention to non-State armed groups (NSAGs), and analyzes the regulatory gap they occupy specifically within international health law. The paper first surveys the rise, diversity, authority, and legitimacy of non-state actors in relation to States, highlighting their growing involvement in governance functions traditionally reserved for States. This paper then introduces the World Health Organization (WHO) …

Fda's New Approval Plan For Covid-19 Vaccines: An Inquiry Of "Benefit" Rather Than The Statutory Scope Of "Safety, Purity, And Potency"?, Henry Yat-Shing Kwan

Journal of Law and Health

This article analyzes the FDA's proposed policy plan issued in May 2025 regarding the approval of Covid-19 boosters for different groups of persons. It offers two constructive recommendations that will help prevent constitutionality challenge on impermissible intrusion of the freedom of health.

The first is to avoid using the confusing term "benefit" but instead focus on the statutory parameters of "safety, purity, and potency." The affected group can make a strong case that their free choice of vaccination should not be deprived, as long as the vaccine qualifies for the statutory thresholds of being safe, pure, and potent. They are …

Patent Pending: How The Current Patent Utility Requirement Hinders Biotechnological Innovation, Madison Drlik

Journal of Law and Health

The legal system is always playing catch up to adapt to new legal landscapes, doctrines, and technology; however, patent law needs help to compete with biotechnological research in the race towards innovation. Biotechnological research in the realm of human health and medicine often involves the use of therapeutic drugs. The field of healthcare biotechnology takes biological systems and processes and generates novel, creative solutions to a number of human health conditions. However, the translation process for a new drug, therapy, or process is long and expensive which requires investors to help the researchers and scientists move their creations from inception …

Organized Transnational Smuggling Of Narcotic Drugs And Psychotropic Substances: Means, Effects, And International Control Mechanisms, Youness Nafid

Journal of Police and Legal Sciences

This study highlights, discusses, and analyzes the conditions and elements through which the crimes of drug and psychotropic substance trafficking of an organized and transnational nature are realized. These crimes are committed through multiple, complex, and organized means. We based our analysis on the provisions of the United Nations Convention against Transnational Organized Crime, as it is one of the most significant international agreements that serves as a reference for member states in defining and regulating the concept of organized criminal groups, as well as in defining the concept and cases of transnational organized crime.

We called for the enhancement …

Expansion Of Federal Benefits To Non-Native Adopted Children, Anna-Grace Hockensmith

American Indian Law Journal

There is palpable tension between tribal sovereignty and federal administrative control in the distribution of federal benefits to members of Tribal Nations. This tension is felt by adopted non-Native children who might struggle to receive federal benefits even though the tribe of their adopted parent(s) has accepted them as a member. This Note explores how adoption of a non-Native child by a tribal member intersects with tribal membership and whether that membership should be enough for the child to receive federal benefits.

The Note discusses four main topics, including: (1) tribal membership, adoption, and current federal enrollment criteria; (2) an …

Workers’ Compensation Codes In American Indian* Tribal Nations, Autumn N. Siegel

American Indian Law Journal

This Article examines various Tribal Nations’ experiences in developing their own workers’ compensation systems using a comparative law and legal development approach, including direct interviews with a diverse range of tribal members. Tribal Nations’ self-created workers’ compensation codes predominantly rely on local models and expertise to establish and operate their systems. However, Tribal Nations also infuse their own cultural values into their codes, incorporating tribal perspectives and priorities such as valuing traditional medicine and peace-making alternative dispute resolution, providing more generously to volunteers, and incorporating return-to-work programs into their workers’ compensation systems. Some Tribal Nations also find it necessary to …

Rethinking The Refugee: From Migrant Hierarchies To Migration As A Human Right, Roni Amit

Seton Hall Law Review

No abstract provided.

Light On The Scale, Heavy On The Problems: How Telehealth’S Accessible Weight Loss Solution Has Compounded Its Risks, Wendy Xia

Seton Hall Law Review

No abstract provided.

Advancing The Rights Of Nature: Lessons From Sauk-Suiattle V. City Of Seattle, Harry S. Katz

American Indian Law Journal

Advocates for the “rights of nature” seek recognition of legal rights for natural elements such as mountains, rivers, and non-human species as a means of protecting the environment. In the United States, Tribal Nations have been at the forefront of this nascent movement. In a 2022 Washington state case, the Sauk-Suiattle Indian Tribe sued the City of Seattle, alleging that the City’s hydroelectric dams on the Skagit River infringe upon the rights of salmon. Those rights, they claim, include the salmon’s rights to exist, flourish, regenerate, and evolve. The case, known as Sauk-Suiattle Indian Tribe v. City of Seattle, …

Native History Is United States History: How United States History Censorship Leads To Passive Acceptance Of Racial Discrimination And Furthers The Decline Of Tribal Sovereignty, Nickolasa A. Jackson

American Indian Law Journal

Native stories are embedded in the United States Constitution, property law, and the nation’s legal and political framework, but education frequently omits these truths. Such erasure perpetuates misunderstanding, invisibility, and hostility toward Native communities, obscuring the reality that the United States was built through the dispossession, coercion, and suffering of Indigenous Peoples. Whitewashing history has allowed the nation to claim moral virtue and industriousness while denying the foundational role of Indigenous Peoples. The Article emphasizes that Native rights, whether land, water, or other treaty-protected entitlements, as well as inherent rights such as tribal sovereignty, are not charitable or discretionary; they …

Go On Take Everything, Take Everything, I Want You To: Corporate Cash Accumulations, Broken Promises, And The Failure Of The Accumulated Earnings Tax, Meredith R. Conway

Seton Hall Law Review

No abstract provided.

Algorithmic Editors: Section 230, Big Tech, And The Need For Clarity, Richard Gruters

Seton Hall Law Review

No abstract provided.

Officers On Patrol: Perspectives Of An Arrest On Past And Present Law Enforcement Officers, Shanee N. Ellington

Doctoral Dissertations and Projects

While attempting to apprehend suspects, police officers must contend with complex obstacles arising from the arrest's legal, ethical, and sociopolitical context. Officers had to follow their department’s guidelines while also developing legal procedures when carrying out an arrest. The study focused on how an officer’s perception of arrest decisions and procedures encapsulated challenges and ethical dilemmas. Through a semi-structured interview with twenty respondents, this research explored the implications of arresting behaviors on officers’ professional identity formation and development. The data analysis followed the grounded theory approach, which focused on identifying differences and similarities between former and current officers over time. …

A Case Comment On Cryogas Equipment V. Inox India, Eashan Ghosh

Indian Journal of Law and Technology

Composite claims for copyright and design have long posed conceptual difficulties under Indian law. A pointed attempt by the Supreme Court in Cryogas Equipment v Inox India (‘Cryogas’) to resolve these difficulties, therefore, is of considerable interest.

In this Comment, I examine Cryogas in detail. I find that, despite adopting a schematic approach that is promising on the surface, Cryogas offers little assistance in untangling the constituent portions of copyright-design claims. For one, its test for telling apart artistic works from designs is entirely self-referential and requires a pre-existing understanding of what outputs statutorily constitute ‘artistic works’ and …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

Note From The Editor

Alaska Law Review

No abstract provided.

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 …

Where There’S Fire, There’S Smoke: Regulation Of Fine Particulate Air Pollution In The Fairbanks North Star Borough, Caleb T. Anderson

Alaska Law Review

In 2006, the U.S. Environmental Protection Agency strengthened the National Ambient Air Quality Standards (NAAQS) for 24-hour fine particulate air pollution (PM2.5). A large portion of the Fairbanks North Star Borough, encompassing the cities of Fairbanks and North Pole, was designated a Clean Air Act nonattainment area under the revised PM2.5 standards. Wood smoke from home heating was found to be one of the primary culprits, particularly during strong inversions that trap air pollution at ground level. This Article reviews the complex legal history of federal, state, and local efforts to bring the Fairbanks area into compliance with the NAAQS. …

Circumscribing Alaskan Law Enforcement’S Access To Pretrial Electronic Monitoring Location Data, Rosa Gibson

Alaska Law Review

In Alaska, pretrial detainees comprise much of the state’s prison population. Electronic monitoring—made possible by recent bail reforms—provides a pathway to pretrial release for those who cannot afford to pay bail. Using GPS data, the Pretrial Enforcement Division can monitor the location of a releasee’s ankle monitor for supervisory purposes. But when law enforcement seeks warrantless access to that data to investigate crimes other than the one for which a releasee is awaiting trial, that intrusion raises concerns under Alaska’s constitutional right to privacy. This Note argues that the Alaska judiciary, which is best positioned to guard the privacy of …

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., …

Social Equity And Cannabis Explained: History, Regulatory Implementation And The Drug War Reform Efforts 01-13-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Structural Logics Of Presidential Immunity, Aziz Z. Huq

Duke Law Journal

In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these immunities inhibit criminal indictment or conviction of the president, and indeed the criminal prosecution of a substantial number of subordinate officials, across many imaginable fact-patterns. The Court justified its interventions on consequentialist, and not originalist or precedential, grounds. But its analysis of immunity’s actual and likely effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional …

No More “Vague Handwaving”: Applying The Overlooked “Person Aggrieved” Provision Of The North Carolina Administrative Procedure Act To Election Litigation, William Allred

Duke Law Journal

The North Carolina Administrative Procedure Act requires claimants against state agencies to be “persons aggrieved,” meaning they have been “affected substantially” in their “person, property, or employment” by the challenged agency action. But in the 2024 general election, North Carolina state courts largely ignored this requirement, permitting plaintiffs to sue based on allegations of harm that some considered to reflect no more than “vague handwaving about election integrity.” This fact-light litigation strained state resources and reduced ballot access. But the solution is not so simple as just reminding courts that a statute exists. State appellate courts have never explained how …

From Womb To Wallet: Recognizing The Placenta’S Lawful Role In The U.S. Marketplace, Christina Moss

Duke Law Journal

Modern biotechnology has transformed the human placenta from medical waste into a lucrative commercial resource. Placental tissue is used across industries—from cosmetics touting antiaging effects to pharmaceuticals employing it as a raw material for wound therapies. Yet while hospitals and biotechnology companies profit from this growing placenta economy, the women from whom the placentas originate receive neither compensation nor complete information. Federal law provides little guidance, and most states lack explicit regulations, producing a legal vacuum that allows stakeholders to exploit ambiguity. For-profit companies routinely frame their placenta procurement as altruistic donation rather than commercial exchange, citing the federal law …

What Can Legal Knowledge Do For Access To Justice?, Kathryne M. Young, Heidi H. Liu

Duke Law Journal

Worker misclassification is one of the most pervasive and harmful civil justice problems in the U.S. The inaccurate and illegal categorization of workers as independent contractors costs U.S. workers billions of dollars annually in overtime pay and health benefits—a problem that has become even more pervasive with the expansion of the gig economy.

Yet, worker misclassification is only one dimension of the broader “access to justice crisis” in the United States—the unsolved legal problems and unmet legal needs that touch most people’s lives and livelihoods at many points, but especially impact low-income people and people of color. These legal issues …

A Case For Judge-Made Law For The American Jurists From An English Perspective—Drawing Example From The Human Rights Act 1998, Samuel Kuo

Georgia Journal of International & Comparative Law

Many authors frown upon judge-made law as an inappropriate and ghastly exercise of judicial activism in American jurisprudence. This, nevertheless, is not the view of English jurisprudence. This Comment proposes instead that the American legal audience should embrace the benefits of judge-made law as a means of correcting the rigidity and inadequacies of the legislature. It does so by drawing an example from the recent debates over whether the Human Rights Act 1998 should be amended or repealed by the legislature, which is comprised of the members of parliament sitting in the House of Commons. By drawing the example of …