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Prisoners, Patients, And Privatization: Accountability For Corrections Contractors Under The New Mexico Civil Rights Act, Mayalyn Durham Jun 2025

Prisoners, Patients, And Privatization: Accountability For Corrections Contractors Under The New Mexico Civil Rights Act, Mayalyn Durham

New Mexico Law Review

New Mexico dedicates significant resources to incarceration—particularly with respect to prison medical care. Although New Mexico has mostly transitioned away from privately operated prisons, the New Mexico Corrections Department (NMCD) continues to contract with various corporations to provide health services in state-owned prisons. Not surprisingly, the private contractors’ cost-saving measures often result in the provision of grossly inadequate healthcare that constitutes cruel and unusual punishment under the Eighth Amendment. Prisoner litigation under 42 U.S.C. § 1983, however, is fraught with substantive and procedural barriers to recovery. The New Mexico Civil Rights Act (NMCRA or “the Act”) provides an avenue of …


Unchecked Contempt: The Necessity Of Maximum Sanctions For Criminal Contempt In New Mexico, Cam Rosenberg Jun 2025

Unchecked Contempt: The Necessity Of Maximum Sanctions For Criminal Contempt In New Mexico, Cam Rosenberg

New Mexico Law Review

Few areas of law are so completely entrusted to judge’s discretion, and therefore engender the risk of judicial abuse, as the contempt power. Despite this risk, New Mexico has significantly expanded the criminal contempt power over the last three years. Yet the results of this expansion—which typically play out in trial courts with little publicity and rare appellate review—have not been studied in any detail. This Comment examines how New Mexico trial courts used criminal contempt from January 1, 2023, to October 20, 2024, in light of the broad discretion granted to these courts. In this timeframe, a select few …


The Rogue Private Company And National Defense Emergencies, Gavin Small Jun 2025

The Rogue Private Company And National Defense Emergencies, Gavin Small

Duke Journal of Constitutional Law & Public Policy Sidebar

This Note explores two overlapping challenges in the United States constitutional and political system. First, the United States increasingly relies on private companies for technologies necessary for national defense. This has given outsized power to a few unelected corporations and people who might have their own incentives that misalign with those of the United States. This is particularly dangerous in an emergency situation where the United States government, not a private company with its own interests, should be making decisions regarding national security. As an example, this Note focuses on the massive role that the company SpaceX plays in the …


Forcing Our Hand: Evaluating The Use Of Force In Responses To Wrongful Detentions Abroad, Tyler J. Marovitz Jun 2025

Forcing Our Hand: Evaluating The Use Of Force In Responses To Wrongful Detentions Abroad, Tyler J. Marovitz

Duke Journal of Constitutional Law & Public Policy Sidebar

Wrongful detentions are on the rise. Over the past ten years, U.S. nationals have increasingly found themselves detained abroad upon spurious allegations, facing trumped-up charges, and deprived of basic due process protections. Most of these detentions occur in countries hostile to the United States: Russia, Iran, North Korea, China, and Venezuela. The U.S. has opted to release rightfully detained foreigners to those nations in exchange for its wrongfully detained nationals. All of this perpetuates a “prisoner bazaar” that encourages unscrupulous nations to continue their bad-faith detentions of U.S. nationals. This Note investigates this emerging issue through a use of military …


Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann Jun 2025

Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann Jun 2025

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy Jun 2025

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari Jun 2025

A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder Jun 2025

A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Cardozo Welcomes Three New Members To Board Of Overseers, Benjamin N. Cardozo School Of Law Jun 2025

Cardozo Welcomes Three New Members To Board Of Overseers, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo recently welcomed three new members to its Board of Overseers: Parvin Aminolroaya ’08, John Elefterakis ’09, and Stephanie Knepper Basman ’08. Each brings extensive professional expertise and a strong commitment to advancing Cardozo’s mission of legal excellence, leadership, and service. Aminolroaya is a partner at Seeger Weiss LLP with major experience in mass tort and class action litigation. Elefterakis, founding partner of Elefterakis, Elefterakis & Panek, is a nationally recognized litigator and civil rights advocate. Knepper Basman, counsel and principal at SKA Marin, is a leader in affordable housing development and active in civic and community organizations.


Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette Jun 2025

Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo Jun 2025

Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Georgia Has A New Habitability Protection For Tenants, But What Does It Mean?, Elizabeth Grant, Gordon Wayne Jun 2025

Georgia Has A New Habitability Protection For Tenants, But What Does It Mean?, Elizabeth Grant, Gordon Wayne

Scholarly Works

Georgia’s Safe at Home Act became law on July 1, 2024, and established the standard that residential premises be “fit for human habitation.” The Act strengthens tenant protections by targeting severe housing issues affecting 15% of Georgia households, particularly Black and rural communities. It adds cooling as an essential utility, caps security deposits, and mandates a three-day notice to pay before eviction filings. However, the undefined “fit for human habitation” term awaits judicial interpretation, complicated by limited legal access and rare appellate precedent. Though a key step forward, this brief Comment suggests that additional measures are needed to secure tenants’ …


Hollow Choices: The Choice Neighborhood Initiative (Cni) And The Performance Of Participation, Lena Kufferman Jun 2025

Hollow Choices: The Choice Neighborhood Initiative (Cni) And The Performance Of Participation, Lena Kufferman

Geography Undergraduate Senior Theses

Since HUD Secretary Henry Cisneros' pledge in 1995 to “end public housing as we know it, ” the United States has seen the rapid depletion of public housing stock. Alongside this mass demolition, a new redevelopment paradigm emerged: a community-oriented planning model that requires resident participation. HUD’ s shift toward participatory planning began with HOPE VI in 1992, which sought private investment to demolish public housing, and was formalized in 2010 through the Choice Neighborhoods Initiative (CNI). This thesis examines a CNI planning phase—a stage overlooked in existing scholarship, which largely stresses post-occupancy outcomes like displacement, (im)mobility, socioeconomic integration, and …


Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu Jun 2025

Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.


Symbiotic International Law: Combatting Uyghur Forced Labor, Preston Jordan Lim Jun 2025

Symbiotic International Law: Combatting Uyghur Forced Labor, Preston Jordan Lim

Faculty Publications

Since 2017, the Chinese government has launched a campaign of repression against the Muslim Turkic minorities of Xinjiang, a region located in China’s Northwest. While most scholars have focused on the mass internment of Uyghurs and other minorities, this Article highlights an under-discussed aspect of China’s campaign: the construction of a sophisticated forced labor system. Minority forced labor supplies key sectors of the global economy—from the automotive to the energy sectors—and allows Chinese companies to outcompete foreign firms. The unprecedented scope and sophistication of what I term the “modern Xinjiang forced labor system” imperils the very future of the international …


Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss Jun 2025

Competition In The Global Law Market: Offshore Development Of The Statutory "Rule In Hastings-Bass", Andrew P. Morriss

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This Article examines the competitive dynamics in the global law market through the lens of the statutory evolution of the Rule in Hastings-Bass across various International Financial Centers (IFCs). Following the UK Supreme Court’s 2013 decision in Pitt v Holt and Futter v Futter, which significantly restricted the judiciary’s ability to void trustee decisions under the Rule, seven IFCs (Jersey, Bermuda, The Bahamas, the Dubai International Financial Center, the Cayman Islands, and the British Virgin Islands) enacted statutes to preserve and clarify the Rule within their jurisdictions. These legislative actions highlight the strategic adaptations by IFCs to enhance their legal …


Establishing A "Duty To Not Destroy": Using Fiduciary Duty To Hold Settler-Colonial States Responsible For Cultural And Linguistic Harms Committed Against Indigenous Students At Government-Run Boarding Schools, Kristina Mclaughlin Jun 2025

Establishing A "Duty To Not Destroy": Using Fiduciary Duty To Hold Settler-Colonial States Responsible For Cultural And Linguistic Harms Committed Against Indigenous Students At Government-Run Boarding Schools, Kristina Mclaughlin

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.


And They Would Have Gotten Away With It, If Not For Those Meddling Federales: Examining State Responses To Transnational Organized Crime And Developing A Policy Framework, Aaron Lutz Jun 2025

And They Would Have Gotten Away With It, If Not For Those Meddling Federales: Examining State Responses To Transnational Organized Crime And Developing A Policy Framework, Aaron Lutz

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

Transnational criminal organizations (TCOs) have begun expanding their enterprise into criminal gold mining in South America. This is causing widespread harm from human trafficking, pollution, and disease. These groups exploit vulnerable artisanal miners (ASMs) to provide a foothold in the gold mining industry and avoid the reach of states. This note examines the policy responses that South American countries have taken to this phenomenon and develops a policy framework for state actors moving against TCOs.


Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews Jun 2025

Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.


Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody Jun 2025

Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody

Pace Environmental Law Review

In May 2023, Governor Gavin Newsome publicly announced a California Environmental Quality Act (“CEQA”) reform bill (SB 149), which he signed into law on July 10, 2023. From the moment this was announced, the proposal was barraged by pushback, not from climate negative industry, but from major environmental groups, including the National Resource Defense Council and the Sierra Club, among others. Why is this? One reason is that permit reform has historically been championed by the fossil fuel industry as a method for cutting red tape to make resource exploration faster, easier, and less costly. Even so, the ratio of …


Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry Jun 2025

Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry

Pace Environmental Law Review

In the 1970s, savvy anti-abortion lawyers began employing “fetal guardians” as a procedural mechanism to restrict abortion access. In Juliana v. United States, arguably the most important climate lawsuit from the past ten years, a “guardian for future generations” acted as a plaintiff. These forms of legal guardianship resemble each other because they both rely on property law precedent, invoke creative interpretations of guardianship, and represent future interests. This connection also presents a predicament for climate litigators and anti-abortion litigators, who don’t typically share the same agenda. To date, this intersection between fetal and future generation guardianship has not received …


Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle Jun 2025

Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle

Pace Environmental Law Review

Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …


Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles Jun 2025

Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles

Pace Environmental Law Review

As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the “wicked problem” of climate change often pit the impulses of energy and environmental agencies against one another. Applying a narrative theory approach, I contend that energy law and environmental law will continue to be in tension because they are grounded in different narratives, which in turn communicate …


Back To The Future For Climate Liability, Anthony Moffa Jun 2025

Back To The Future For Climate Liability, Anthony Moffa

Pace Environmental Law Review

The Polluter Pays Principle has been a central tenet of environmental policy for decades. It provided an economic justification for compelling cleanups through the Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). However, outside of that context, it has not been explicitly cited as the chief justification for much environmental law in the United States—until now. The principle has recently been invoked in state climate lawmaking. Last year, Vermont and New York became the first states to enact laws that impose liability on fossil fuel producers for climate change harms, invoking the Polluter Pays Principle and Superfund …


Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady Jun 2025

Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady

Public Land & Resources Law Review

A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …


Session 4: Analyzing The Benefits Of Artificial Intelligence To Racially Inclusive Democracy, Spencer Overton, Jeffrey Omari Jun 2025

Session 4: Analyzing The Benefits Of Artificial Intelligence To Racially Inclusive Democracy, Spencer Overton, Jeffrey Omari

SITIE Symposiums

This keynote discussion explored the intersection of artificial intelligence (AI), race, and democratic governance, focusing on the challenges and opportunities AI presents for creating a racially inclusive democracy. Professor Overton argued that while AI has transformative potential, it is currently influenced by actors and systems that may unintentionally (or intentionally) weaken racial equity. The spread of AI technologies—without proper safeguards—has opened new pathways for reinforcing structural inequalities, especially in the democratic process.


Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai, Boaz Ashkenazy, Kevin Bartholomew, Kevin De Liban, Christopher Yoo Jun 2025

Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai, Boaz Ashkenazy, Kevin Bartholomew, Kevin De Liban, Christopher Yoo

SITIE Symposiums

In Session Two of the SITIE 2025 Symposium titled “The Cases for Industry Self-Regulation and Government Regulation of AI,” moderated by Seattle University Technology Ethics Initiative Director and Professor Onur Bakiner, the panelists discuss their perspectives and experiences with AI regulation. They share observations about the industry and delve into the topics of AI complexity, concerns around accountability, the shift to agentic AI, the current state of AI regulation, existing legal guardrails, and their outlook on AI regulation.


Session 1: Guidance From International Regulation Sources, Charlotte Tschider, Marie-Charlotte Roques-Bonnet Jun 2025

Session 1: Guidance From International Regulation Sources, Charlotte Tschider, Marie-Charlotte Roques-Bonnet

SITIE Symposiums

In Session One of the SITIE 2025 Symposium titled “Regulating Artificial Intelligence: From Where and When?”, Professor Mark Chinen moderated a panel featuring Professor Charlotte Tschider and Dr. Marie-Charlotte Roques-Bonnet. The discussion focused on international AI regulation, privacy, data governance, and the EU’s regulatory approach to AI oversight.


Chevron Was Not, And Cannot Be, Overruled: The Dullness Of Loper Bright, Edward L. Rubin Jun 2025

Chevron Was Not, And Cannot Be, Overruled: The Dullness Of Loper Bright, Edward L. Rubin

Duke Journal of Constitutional Law & Public Policy

As expected, the Supreme Court declared, in Loper Bright Enterprises. v. Raimondo, that "Chevron is overruled." But the Court did not understand the decision that it claimed to overrule. It focused its criticisms on Chevron's notorious two-step test, but failed to recognize that the decision is a major conceptual advance – the first clear judicial recognition that statutory interpretation is the initial and invariably necessary stage in the process by which administrative agencies enforce the law. Chevron thus revealed a reality that the current Court is powerless to alter. Most administrative statutes are not the normative declarations of the pre-administrative …