Digital Commons Network^™

Introduction To Symposium — In Search Of Common Ground: Religion And Secularism In A Liberal Democratic Society, Kathleen A. Brady, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

Attempting To Protect The Liberty And Equality Of Minority Faiths And Nonreligious Individuals When The Surpreme Court Will Not Do So, Alan Brownstein

Chicago-Kent Law Review

No abstract provided.

The Supreme Court's Gay Rights-Religious Liberty Contortions, Andrew Koppelman

Chicago-Kent Law Review

No abstract provided.

Liability Rules In Medical Artificial Intelligence, Alfio Guido Grasso

Journal of Civil Law Studies

No abstract provided.

The Legal Governance Of Arbitrary Construction In Azerbaijan: Current Issues And Paths To Reform, Natig Khalilov

Journal of Civil Law Studies

Azerbaijan has long faced challenges arising from the spread of arbitrary constructions and unauthorized settlements, with official data showing approximately half a million such structures across the country. These unregulated constructions contribute to social complications and hinder the efficient operation and development of the housing, real estate, and urban planning sectors. Currently, courts are handling numerous cases involving ownership disputes and potential demolitions linked to these constructions. Registering arbitrary constructions is seen as a step towards affirming citizens’ property rights while boosting state revenue.

This article will trace the historical development of the arbitrary construction framework in Azerbaijan, analyze its …

The European Union’S Impact On The Albanian Time-Share Contracts Onimmovable Properties, Denard Veshi

Journal of Civil Law Studies

Tourism is among the most essential factors for the international, European, and national economies. Since 1994, the EU has established clear rules regarding timeshare contracts to promote legal harmonization, consumer protection, and tourism, which impacts the functioning of the internal market. Although Albania is not part of the EU, the Albanian Courts have used acquis communautaire to rule on certain legal decisions. After showing the importance of EU law on Albanian legislation, this paper will study the impact of EU law on timeshare contracts on immovable properties in Albania. In conclusion, the research will underline the need for complete alignment …

The Myths And Legal Implications Of Cancel Culture, Yekun Zhou

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Rural Solar Rights, Troy A. Rule

BYU Law Review

Utility-scale solar projects on private land—the fastest growing form of energy development in the United States today—generate low-cost, carbon-free electricity and can invigorate rural economies. However, they are also attracting unprecedented local opposition as local governments across the country adopt ordinances prohibiting or severely restricting solar farm development within their jurisdictions. Fortunately, state legislatures have multiple means of preventing municipal governments from unreasonably restricting solar energy. Among other things, states can legislatively preempt excessive local solar siting restrictions, manage more solar project permitting at the state government level, or statutorily require municipalities to classify solar farms as a “permitted use” …

The Inconvenience Doctrine, Alexi Pfeffer-Gillett

BYU Law Review

In a nation of stark inequalities, the Roberts Court is often portrayed as siding with the wealthy and powerful. Many scholars argue that the Court has abandoned legal principles altogether and instead simply chooses winners and losers based on the conservative majority’s political agenda. Meanwhile, scholarly examinations of the legal reasoning underlying the Court’s most impactful decisions are largely confined to specific subject areas. Such compartmentalized analyses, though, overlook broader patterns in the Court’s rulings that transcend substantive legal boundaries.

This Article bridges the gap in these parallel conversations by connecting the Roberts Court’s reasoning across many legal fields with …

A Zealous Advocate, A Robust Cross: Cross-Examination Of Non-Adverse Witnesses By The Guardian Ad Litem, Scott Swain

BYU Law Review

“When the lives and fundamental rights of children are at stake, there must be no silent witnesses.”1 — Carol Bellamy

Systemic pressures in child welfare litigation regularly lead guardian ad litem attorneys to default to the positions and recommendations of state social services. In such cases, witnesses called by the state in trials and evidentiary hearings are non-adverse to the guardian ad litem. This dynamic undermines the purposes of cross-examination rules, threatening the procedural interests of the parties involved. This paper will use a procedural due process balancing test to guide its analysis as it proposes three potential solutions: a …

Ghosts At The Gate: A Call For Vigilance Against Ai-Generated Case Hallucinations, Christina Frohock

Articles

No abstract provided.

"Diss," That, And The Other: The Legal Implications Of 'Diss Tracks', Roy S. Gutterman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Julien Grisonas Family V. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.

Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.

García Rodríguez Et Al. V. México, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.

Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger

Journal of Food Law & Policy

From a fifth-generation wheat farmer on the Kansas plains to a cattle rancher in Montana to a beginning peach producer in Georgia, American agriculture produces, provides, and protects sources of food, fiber, fuel, and shelter. American agriculture, once solely supported by rural family farmers and steeped in an agrarian system, now relies heavily on industrialized operations, creating an arena ripe for the clash of diverse policy perspectives. As farmers produce the food enjoyed at dinner tables across the country, the inevitable impacts of agriculture production on the environment have led to policy and legal arguments surrounding the regulation of agriculture. …

Key Contributions To Agricultural Law Select Works By Agricultural Law Professor, Susan A. Schneider, An Annotated Bibliography, Susan A. Schneider

Journal of Food Law & Policy

The authors provide an annotated list of publications, remarks, books, and book chapters authored by agricultural law scholar and professor, Susan A. Schneider, in honor of her forthcoming retirement.

The growth and evolution of the study of agricultural and food law may be attributed to several legal scholars who, based on a personal connection with agriculture, chose to dedicate their careers to advocating for the family farmer. Professor Susan A. Schneider is one such legal scholar.

Professor Susan A. Schneider, a native of Minnesota, is currently the William H. Enfield Professor of Law and the Director of the LL.M. in …

P-E-S-T-O-G-O: This Third Circuit Ruling Has Got To Go, A Deep Dive Into The Circuit Split Issue Of Fifra Preemption, R. Dylan Smith

Journal of Food Law & Policy

The American public is becoming increasingly concerned about pesticides. From “forever chemicals” to environmental justice concerns, public awareness of pesticide issues is only becoming more prevalent. However, one pesticide has seized public attention in a significant way. Glyphosate, the active ingredient in Monsanto’s “Roundup” and other commercial pesticides has been the subject of heated debate in federal courtrooms across the nation. The rising controversy over glyphosate has even led some jurisdictions to attempt to ban or restrict the use of the product altogether.

While the scientific studies and legal definitions about glyphosate and its cancer link are inconsistent, a reasonable …

An Interview With Former United States Department Of Agriculture General Counsel Janie Simms Hipp And Former Farm Credit Administration General Counsel David Grahn: Reflections On The Past & Future Of The Field Of Agricultural Law, Lauren Wustenberg

Journal of Food Law & Policy

Former United States (“U.S.”) Department of Agriculture (“USDA” or “Department”) General Counsel Janie Simms Hipp and Former Farm Credit Administration (“FCA”) General Counsel David Grahn have worked as public servants in the field of agricultural law for over forty years. They have led careers that are illustrative of the meaningful impact that a career in agriculture can have, the breadth and value of the Department of Agriculture, and the diversity of experiences and opportunities that a career in agricultural law can bring.

Janie and David graciously agreed to sit for the following interview in recognition of the 20th Anniversary Edition …

Municipalities, Let The People Have Their Chickens And Eat Them, Too, Cindy Vong

Journal of Food Law & Policy

In the pre-industrial era, before the advent of long-distance transportation or food preservation, human survival necessitated proximity to where food was grown or husbanded. Cities located near agriculturally productive lands and domesticated livestock animals were commonplace within cities. But by the 1920s, the technological innovations of the Second Industrial Revolution left urban areas free of farm animals and farm-related activities. Local governments exercised their powers to codify the separation of residential and agricultural uses within cities and reinforce the idea that food production was not proper in community neighborhoods. Yet, a century later, local governments use those same powers to …

Why Food In The United States May (Still) Never Be Safe: A Look Back At My Over Thirty Years Thinking About Food And The Law, Denis Stearns

Journal of Food Law & Policy

This article can serve a function as a concluding section—a kind of coda—for issues addressed in greater depth by the author (Denis Stearns) before.

This article also allows Sterns to return to a central question that prompted his thought-journey in the first place: Why does the food in this country continue to be so unsafe, despite all of the laws, all of the enforcement efforts, all of the food safety advocacy, and all of the lawsuits filed to recover damages on behalf of people injured and killed year after year. What follows, then, are additional and updated conclusions that thirty …

Reflection And Gratitude: The Journal Of Food Law & Policy From A Twenty-Year Perspective, Margie Alsbrook

Journal of Food Law & Policy

Twenty years after the Journal of Food Law & Policy published its first issue, I find myself looking back with deep gratitude for the people who helped create it, for the students who sustained it, and for the community that continues to make it thrive. What began as an untested idea has grown into a respected publication and a cornerstone of a still-growing field. This essay is both a reflection on that journey and a heartfelt thank-you to everyone who made it possible.

Making A Martyr: The Inequity Of The Necessity Doctrine’S Application To The Fifth Amendment’S Takings Clause, Max Abrams

Villanova Law Review (1956 - )

No abstract provided.

Mobility And Power In Temp Work, Andrew Elmore

BYU Law Review

Labor mobility is an underdiscussed determinant of temp worker power. Drawing on original interviews with professional and blue-collar workers who work as and alongside temps, this Article shows how businesses use staffing agencies to restrict the labor mobility of contingent workers. Staffing agencies limit worker mobility by imposing user- and worker-side contractual restraints while misrepresenting themselves to temp workers as their sole employer. They also exploit state-imposed mobility limitations by recruiting foreign nationals and people leaving incarceration and channeling them into their most precarious work. This enables clients to dismantle internal labor markets and to fill staffing shortages without raising …

Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton

BYU Law Review

When dangerous social media challenges go viral and cause harm to adolescents and young children, should the platform be held liable for pushing that content? As it currently stands, Section 230 of the Communications Decency Act of 1934 prevents this from happening. However, Anderson v. TikTok—a recent suit brought on behalf of a ten-year-old girl who died after asphyxiating herself while participating in the viral “Blackout Challenge”—seeks to change that.

The Third Circuit court in Anderson held that social media algorithms should be considered first-party speech, or the platform’s own expressive activity, rather than third-party speech, displaying its users’ expressive …

The Rise And [?] Of Anti-Administrativism, Gary Lawson

BYU Law Review

Scholars have proclaimed the administrative state to be “Under Siege” or subject to a “Never-Ending Assault.” Was the election of President Donald Trump on November 5, 2024, the sixth, if not yet the seventh, day around the walls?

This seems an appropriate time to consider the present and future of opposition to the administrative state—something that has come to be dubbed “anti-administrativism.” The first task, as is usually the case when one seeks intellectual clarity, is to figure out what one is talking about. What is this “anti-administrativism”? Without knowing the answer to that seemingly simple question, one cannot accurately …

Insider Trading & Unconstitutionally Compelled Speech, Steven J. Cleveland

Villanova Law Review (1956 - )

No abstract provided.

High At Home: How The Continued Federal Prohibition Of Cannabis In Federally Subsidized Housing Perpetuates The War On Drugs, Marcella Jackson

Villanova Law Review (1956 - )

No abstract provided.

A Soldierly March Towards Freedom: Treading Through The Great Climate War On The Arms Of Amendments And Fiduciary Duty, Karina Zakarian

Villanova Law Review (1956 - )

No abstract provided.

A Bottom-Up Approach To Ai Facial Recognition Technology Wrongful Arrests And Subsequent 42 U.S.C. § 1983 Actions, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.