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Vol. 29, No. 1: Full Issue

Water Law Review

No abstract provided.

Georgia, Rose Mccormick

Water Law Review

H.B. 143, 2025 Gen. Assemb., Reg. Sess. (Ga. 2025)

U.S. Supreme Court, Eli Miller

Water Law Review

City and Cnty. of S.F. v. EPA, 145 S. Ct. 704 (2025) (Barrett, J., dissenting)

How The Supreme Court’S Inconsistent Approach To Granting Emergency Relief Will Exacerbate, Rather Than Mitigate The Disruption Its Emergency Stay Policy Is Supposed To Address, Harvey L. Reiter

Cardozo Law Review de•novo

The federal government has used the Supreme Court’s emergency or “shadow” docket to great effect this past year, securing stay after stay of lower court rulings that had blocked many of the President’s executive orders. But the Court’s rulings have come, almost invariably, without any explanation of its reasoning. And its opaque and uneven rulings have also come at a potential cost to the Court’s credibility. This Article illustrates the uneven nature of the Court’s rulings by contrasting two lines of cases: (1) the Court’s stays of lower court rulings restoring to their positions FTC, NLRB, EEOC, and MSPB members …

The New Neccesity, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

The Anonymous Officer, Shawn E. Fields

Faculty Scholarship

(Forthcoming 2026) Masked, plainclothes immigration agents in unmarked vans have terrorized communities in Chicago, Los Angeles, Minneapolis, and beyond. The indiscriminate violence committed by federal officers who at times appear indistinguishable from paramilitary units has forced immigrants into hiding and left lawmakers scrambling to address a growing and largely legal anonymity crisis in law enforcement. This Article explores the undertheorized implications of anonymous law enforcement, situating the rise of masked policing within a larger project of democratic retrogression and executive aggrandizement. Anonymity in policing and immigration enforcement frustrates core democratic norms of transparency, accountability, and legitimacy, providing the opacity needed …

Trump's War On Diversity, Equity, And Inclusion, Nancy C. Marcus

Faculty Scholarship

Among the many head-spinning developments that have occurred from the first days of President Trump’s second presidency are his attacks on DEI (diversity, equity, and inclusion), including anti-DEI edicts targeting educational institutions. This article provides a chronology and analysis of the early 2025 Trump administration’s attacks on DEI targeting schools nationwide, the resulting harms, and responses thereto, including litigation. A discernible refrain in the early litigation challenging President Trump’s anti-DEI attacks targeting educational institutions across the country has been how those attacks cross a clear constitutional line: the prohibition of unconstitutionally obscure governmental mandates. At its core, the void-for-vagueness doctrine …

Police Reform As System Justification, Shawn E. Fields

Faculty Scholarship

System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify and maintain existing social and political systems even when those systems disadvantage them, because the predictability of the status quo provides palliative, epistemic, and existential comfort in what otherwise appears to be an unjust and inequitable societal structure. Contrary to “false consciousness” theories, SJT claims that disadvantaged groups may intentionally rationalize what they know to be an unfair status quo, because doing so reduces social anxiety and threat while providing much desired order and meaning …

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Religion Recovers Its History: The Court Puts The Establishment Clause On A New Path, Patrick M. Garry

Missouri Law Review

For over a half-century, the First Amendment Establishment Clause jurisprudence was in disarray. Judicial decisions more often stemmed from social and cultural presumptions than from constitutional history. For years, if not decades, Supreme Court observers waited for a clarifying opinion on this troubled area of First Amendment law. In a 2022 decision upholding a football coach’s right to silently pray at mid-field after a game, the Court issued a momentous decision that not only overruled much of previous Establishment Clause jurisprudence but also suggested a new path forward. Given the Court’s desire to base future doctrines on the historical meaning …

Deepseek And The First Amendment: Assessing The Eighth Circuit And Missouri’S Legal Impact On Open-Source Ai, Alvin Hoi-Chun Hung

Missouri Law Review

The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine autonomy. This Article examines the constitutional and regulatory implications of compelled disclosures and content filtering, situating the analysis within the precedent of the Eighth Circuit Court of Appeals and recent actions by the Missouri Attorney General targeting algorithmic opacity under consumer protection law. It further examines the limitations of Section 230 of the Communications Decency Act in addressing liability for autonomous …

Considerations For Assigned Water After Expiration Of The 2007 Guidelines, Kathryn Sorensen, Sarah Porter, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Katherine Tara

The Traveling Wilburys of the Colorado River

As Colorado River supplies and demands reach razor-thin margins, new tools to provide adaptive capacity will play a critical role in sustaining communities across the West. We must reduce our consumption of water, while finding ways to cushion the impact. One of the most innovative tools for doing this, developed over the last two decades, is “Assigned Water” - giving users the ability to store conserved water earmarked for their own future use. Originally developed as “Intentionally Created Surplus” in the 2007 Colorado River Interim Guidelines, Assigned Water has been revised and expanded through U.S. Mexico Treaty Minutes and as …

My Fifty Years, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Fiduciary Game, Lauren R. Roth

Elisabeth Haub School of Law Faculty Publications

Fiduciary duties are supposed to bridge the gap between public and private law. Private actors who engage in “public or quasi-public” functions (e.g., corporate directors and pension administrators) are often subject to fiduciary constraints to protect vulnerable parties who lack power in relationships with these actors. Recently, scholars have argued that both courts and legislatures have inappropriately expanded the use of fiduciary duties to purely private relationships. But what if the problem is not the expansion of fiduciary duties to private relationships, but the increasing delegation of public powers to private actors whose behavior cannot be adequately constrained by fiduciary …

Navigating State Law In Local Climate Action, Vincent M. Nolette, Daniel J. Metzger, Olivia N. Guarna, Amy E. Turner

Sabin Center for Climate Change Law

Local governments are well-positioned to lead the fight against climate change by reducing community-wide greenhouse gas emissions, promoting renewable energy resources, and otherwise advancing climate mitigation and adaptation goals. Many local governments have already taken actions, and there is more they can do. In mitigating and adapting to the climate crisis, local governments must be aware of and act consistently with preemptive state laws that limit their authority. This report provides state-by-state information, resources, and analysis for nineteen states on key state-local preemption issues.

The states covered in this report represent several of the “swing” states that are the most …

On Shaky Ground: America’S Public Lands Face An Uncertain Future, John Leshy

Colorado Environmental Law Journal

No abstract provided.

The Fight For Public Rights On America’S Waterways, Mark Squillace

Colorado Environmental Law Journal

No abstract provided.

Fencing In A Technological Age: Utilizing Federal Regulatory Frameworks To Implement Virtual Fencing On Federal Public Land, Sam Johnson

Colorado Environmental Law Journal

No abstract provided.

A Précis Of Pfas Legislation In The Southwestern United States, Brenden Catt

Colorado Environmental Law Journal

No abstract provided.

Greening With Justice: Evaluating Denver’S Urban Green Space Policies Through An Environmental Justice Lens, Vicente Tapia

Colorado Environmental Law Journal

No abstract provided.

Peak Bagging: The Land Acquisition History And Public Access Rights That Make It Mostly Possible, Andrea Shipton

Colorado Environmental Law Journal

No abstract provided.

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …

Ai Is Coming For Your Mind: A Case For Consumer Protection, Blithe Ellis

Gateway Reader- Individual Papers

• The Problem: Immersive and anthropomorphic artificial intelligence (AI) chatbots can trigger, amplify, or reshape psychotic experiences—colloquially termed "AI psychosis"—by mirroring user language, validating delusional beliefs, and prioritizing user engagement over safety.

• The Method: The author analyzes peer-reviewed psychiatric literature, media reports from 2025, and user discussions on the r/ChatGPT Reddit forum to advocate for consumer protection regulations.

• Quantitative Finding: The analysis incorporates data from the year 2026, references cases involving a 26-year-old woman, and evaluates a specific Reddit thread featuring hundreds of user stories regarding AI-fueled delusions.

• Qualitative Finding: Shared themes in AI-associated distress include messianic missions, delusions of chatbot …

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The Brave New World Of Administrative Law, Amy J. Wildermuth

Articles

Administrative law is in substantial flux. Over the last fifteen years, beginning with its decision in Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court has transformed administrative law in profound ways. In the decade and a half since that case, we have witnessed core precedents fall or be substantially narrowed, with seemingly more on the horizon. Many have characterized the Court’s project as aggrandizing power to the President, as seeking to rein in runaway agencies, or even as undoing the administrative state.

The reality is more complex. To grasp where the Court’s project might take …

Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga

St. Thomas Law Review

Social media has become a double-edged sword in our current digital era, bringing both serious advantages and disadvantages to the forefront of domestic and international discussions. Social media has become a weapon in political, cultural, and even military conflicts due to the spread of unregulated content, despite it enabling people to interact, share information, and voice their opinions. Social media has facilitated the spread of hate speech, propaganda, and false information, which in turn distorts realities and shapes narratives and opinions. Social media's effect on both a domestic and global scale have been catastrophic, ranging from promoting violence to further …

Platforms, Power, And The Public Square: The Debate On Editorial Rights In The Age Of Social Media, Donovan Smith

St. Thomas Law Review

Social media has taken a hold on society and continues to tighten its grip; its influence is undeniable. Today, billions of people all over the world use social media for news, weather updates, communication, commerce, and self-expression every day. With the increasing dependence on social media, it is essential that the civil liberties and fundamental rights of social media users remain protected. Over the last decade, censorship of users and content on social media has become a key political talking point, especially when coupled with concurring events like elections and global pandemics. But is any of this censorship even allowed? …

Equity In Place, Segregation, And The Phillips Neighborhood, Myron W. Orfield

Articles

This Article describes an existential legal and factual conflict about residential segregation. It is centered in a neighborhood a few blocks north of where George Floyd—and more recently Renee Good—were murdered. Five years before Floyd’s murder, the conflict reached a breaking point, resulting in three lawsuits. One involved federal civil rights and two involved state civil rights claims that housing policy was causing deeper residential and educational segregation. Much of this debate was summarized in a series of articles in the journal Housing Policy Debate before the lawsuits were filed.

On one side were proponents of greater residential and educational …

Settlers In Syria: Turkey’S Population Transfers And The Geneva Conventions, Eugene Kontorovich, Erielle Azerrad

Emory International Law Review

This Article is the first work of legal scholarship to examine Turkish population transfers in northern Syria, which constitute perhaps the most aggressive movement of settler populations into occupied territory in current times. In particular, it examines the lawfulness of such movements under Article 49(6) of the Fourth Geneva Convention, which prohibits an occupying power from “deport[ing] or transfer[ring] parts of its own civilian population into the territory it occupies.”  In a series of major military operations beginning in 2018, Turkey has seized nearly 3,000 square miles of territory in two sectors in northern Syria and established control. While it …

Is Seeing Still Believing? Comparing Deepfake Regulations In The U.S. And E.U., Sara Weitz

Emory International Law Review

The rapid advancement of deepfake technology has fundamentally altered the trustworthiness of audio and visual media. Deepfakes, synthetic media generated through artificial intelligence, can skew political discourse, manipulate elections, and disproportionately harm women through nonconsensual deepfake pornography. As these issues intensify, the law must provide adequate protections without stifling innovation and infringing on fundamental rights. This requires a careful balancing act.

This comment compares the emerging regulatory frameworks governing deepfakes and artificial intelligence in the United States and European Union. In the United States, constitutional constraints limit federal regulation, resulting in a fragmented patchwork of laws at the state level. …