Digital Commons Network^™

Back To Intent: Revamping California’S Flagship Environmental Legislation And Tackling The Rise Of The “Super-Commuter”, Jordan Q. Davis

San Diego Journal of Climate & Energy Law

The passage of the California Environmental Quality Act (CEQA) in 1970 has long been considered a watershed moment in the evolution of government participation in environmental issues. In the years since, CEQA has played a pivotal role in protecting Californians’ access to the beautiful nature offered by the Golden State. However, the very regulation that has been repeatedly relied upon to breathe clean air and drink clean water may very well be an instrument upon which Californians could return to smog-ridden skies. In this regard, CEQA’s biggest vulnerability may come from a most unexpected place: its strength.

The tools by …

Soaring To New Heights Through The Lens Of The Scarlet Macaw–A Post-Loper Bright Interpretation Of The Endangered Species Act’S “Significant Portion Of Its Range” For A Climate-Driven “Foreseeable Future”, Kathryn Wood

San Diego Journal of Climate & Energy Law

This Comment will argue for particular interpretations of “significant portion of its range” and “foreseeable future” under the ESA to prioritize species preservation in the face of climate change.

The analysis begins by describing key aspects of the ESA, including its historical background, its conceptual definitions, its prescribed method for determining endangered species and threatened species, its listing process, and critical habitat requirements. This Comment then discusses climate change as a source of threat and endangerment “within the foreseeable future,” and whether acts worsening climate change can constitute an unlawful taking. Next, this Comment considers how the Supreme Court’s decision …

Unlocking Green Innovation: Navigating Trade Secret Law In The Quest For Sustainable Solutions, Jacob Wright

San Diego Journal of Climate & Energy Law

This Comment explores the tension between trade secret protections and the global demand for climate-related technologies, arguing that a more balanced approach is necessary to align intellectual property law with the public interest. By examining the limits of existing legal frameworks, such as the DTSA, this analysis will highlight how these laws prioritize proprietary interests over environmental needs. It will also propose regulatory strategies that could help bridge this gap, such as expanding compulsory licensing frameworks, implementing public-private partnerships, and introducing public interest exceptions specifically tailored to clean energy technologies. Ultimately, this comment aims to contribute to the ongoing conversation …

Colloquia And Seminars: Reports And Reflections, Saïd Ihrai, Brahim Rachidi, Mamoun Lahbabi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This record brings together several reports and reflections published in the colloquia and seminars section of the issue. It includes a discussion of the Global System of Trade Preferences and commercial cooperation among Islamic and developing countries; a report on the inter-university and international colloquium “Toward What New World Order?”; reflections on international meetings devoted to Keynes, Schumpeter, economic theory, and policy; and a report on a World Health Organization workshop-seminar held in Lyon. Taken together, these contributions document contemporary debates on international economic relations, development, trade cooperation, economic thought, health systems, and public policy.

Lies Begin At Conception: Crisis Pregnancy Centers And The Right To Deceive, Abigail Gainer

Brooklyn Law Review

Crisis Pregnancy Centers (CPCs) are faith-based, free pregnancy care facilities designed to attract vulnerable pregnant individuals, especially those who may be considering abortion. Through the use of deceptive practices, CPCs, which far outnumber abortion clinics, are able to intercept pregnant people seeking care and discourage or prevent them from receiving abortion care. Pro-life legal groups aggressively wage legal battles on states who seek to curb CPC-propagated deception. In 2018, one of these groups achieved a victory for CPCs in NIFLA v. Becerra, where the Supreme Court held that California’s regulations requiring CPCs to inform clients about state-sponsored abortion services and …

Child Abuse In The Foster Care System: Articulating A New Standard Of Negligence For Civil Actions Against State Foster Agencies, Isabel Loughlin

Brooklyn Law Review

The foster care system falls under the domain of each state’s family courts. State foster care agencies oversee the removal of children from their homes, the placement of children in temporary foster homes, and the process of reunification with the birth family if possible. This system is meant to protect children from abuse, but far too often foster care agencies fail in their duty to monitor the wellbeing of children after they are placed in a foster home. There is a crisis of child abuse within the foster care system, and the only avenue for recourse for children who have …

Meeting Basic Human Needs, Mark Ward

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This communication presents the basic human needs approach as a strategy for development assistance. It examines how bilateral aid can be oriented toward essential needs such as food, education, health, housing, and employment. The paper highlights the social dimension of development policy and argues that economic growth should be assessed in relation to its capacity to improve living conditions, reduce poverty, and meet the fundamental needs of the population.

What's The Point Of Reparation?, Daniel Fryer

Tulsa Law Review

No abstract provided.

Scaffolding Minimum Age Thresholds, Eve Rips

Tulsa Law Review

No abstract provided.

All Education Is Not Created Equal: How The Texas School Choice Bill Violates The State Constitution By Using Public Dollars To Fund Private Discrimination, Alexandra J. Morrison

Tulsa Law Review

No abstract provided.

Cardozo Law News Brief: June 5, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the June 5, 2026 Cardozo Law News Brief include:

• The Cardozo Center for Public Service Law honored public-service leaders and advocates at its 34th annual INSPIRE! Awards, celebrating individuals whose work advances Cardozo’s public-service mission.
• Professor Wilfred Codrington III spoke to News From the States and appeared on NPR to discuss the Purcell Principle and the Supreme Court’s role in election-related litigation and redistricting disputes.
• Professor Lindsay Nash authored an op-ed in Lawfare arguing for greater judicial oversight of immigration arrests conducted through administrative warrants.
• Professor Alexander Reinert spoke to the Santa Fe New Mexican about the challenges …

Climate Deregulation Under Trump 2: Will It Have Any Durable Impact?, John D. Graham

Duke Environmental Law & Policy Forum

Following through on his 2024 campaign pledges, President Donald Trump is dismantling President Biden's aggressive climate policies, including federal regulatory controls on the major sectors of the economy that account for most greenhouse gas emissions in the US. Although it is too early to make a definitive assessment of what Trump will accomplish, I present evidence that Trump is taking a more creative, radical, and legally sophisticated approach to climate deregulation in his second administration than was attempted in his first administration. I evaluate how durable climate deregulation may be. A major weakness in Trump's agenda is the lack of …

The Civil Liability Gap For Oil Spills Caused By Non-State Armed Groups: The Case Of The Mv Sounion Tanker In The Red Sea, Emery Hansell

Duke Environmental Law & Policy Forum

On August 21, 2024, the Greek-flagged oil tanker MV SOUNION ("Sounion") was attacked by Houthis as it passed through the Red Sea. The Houthis, a rebel group that controls large swaths of Yemen, then set the ship ablaze, threatening to spill roughly 1 million barrels of crude oil into the water. The cleanup was anticipated to cost $20 billion. The question thus arises: who would—and who should—pay for that cleanup? At the moment, there is no effective solution.

As an initial matter, current international law focuses on State liability and is therefore unlikely to require the Houthis—as a non-State actor—to …

Phasing Out A Way Of Life: How Decarbonization Affects Coal Dependent Communities, Alex Loeb

Duke Environmental Law & Policy Forum

As member states seek to comply with European Union industry rationalization directives that will force mines that cannot compete with free-market prices without subsidies to close, domestic governments across Europe will face competing pressure from civil society. Many traditional European mining communities are dependent on the coal industry and will resist the phase out of its position in the European energy mix. In Asturias, Spain, the phase out of non-competitive coal mines has had devastating impacts on former mining towns, as they struggle to transition to a coal-free economy. After phasing out coal, Asturias has struggled with unemployment and significant …

Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith

Journal of Feminist Scholarship

In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …

The Alaska Wolf War: Action On The Prince Of Wales Island Complex, Edward A. Fitzgerald

Alaska Law Review

This Article examines Alaska's management of the Alexander Archipelago wolf on the Prince of Wales Island Complex, pursuant to constitutional and statutory requirements. It begins by reviewing the history of unsuccessful efforts to declare the wolf a threatened or endangered species under the Endangered Species Act. It then analyzes Bennett v. State, which focused on the changed management regime and devastating wolf harvest of the 2019–20 season. The Article argues that the district and Alaska Supreme Court's decisions in the case were flawed because they failed to properly implement the "hard look" doctrine.

Protecting Bearded Seals In Alaska: The Esa, Critical Habitat Designations, And Climate Change, Caitlyn Leary

Alaska Law Review

Rapid climate change in the Arctic has accelerated the loss of sea ice, threatening the survival of one of Alaska's most vital species: the bearded seal. In 2012, the National Marine Fisheries Service (NMFS) listed the bearded seal as "threatened" under the Endangered Species Act (ESA). Ten years later, the agency designated approximately 174 million acres of occupied critical habitat for the seals on the northern coast of Alaska, along the Bering, Chukchi, and Beaufort Seas. NMFS reasoned that a large designation was necessary to account for the dynamic and seasonal nature of sea ice. In 2024, however, the U.S. …

Carbon Cash Back: A Green Ubi For A Decarbonized Future, Lily Skopp

Alaska Law Review

This Note supports a framework for climate governance that transforms carbon tax revenues into equal per‑capita cash distributions for all United States residents: a green universal basic income (UBI). It examines how the institutional structure of the Alaska Permanent Fund Dividend (PFD) can guide the design of a federal resource‑based dividend. By combining economic analyses of efficiency and distribution with legal scholarship on political salience and administrative design, the Note uses Alaska's PFD as an empirical case study to connect two often separate literatures. The Note introduces the PFD's key features—universality, independent fund management, and a narrative of collective resource …

A Pioneer In Research On Health Economics In Morocco, El Jay

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

No abstract provided.

You Must Be This Tall To Scroll: California's Questionable Approach To Parenting By Policy, Caroline M. Cuddy

Pace Law Review

This note examines California's Protecting Our Kids from Social Media Addiction Act (SB 976), signed into law in September 2024, which prohibits personalized algorithmic feeds on minors' accounts without pa- rental consent and restricts platform notifications during school hours and nighttime. Drawing on the Supreme Court's decision in Brown v. Entertainment Merchants Association and related federal litigation, this note argues that SB 976 is unconstitutional under the First Amendment. Specifically, SB 976 is underinclusive because it fails to meaning- fully reduce minors' screen time, exempts comparable addictive plat- forms, and permits the very algorithmic feeds it deems harmful upon parental …

Blurred Lines: Did Booker Change Federal Sentencing Outcomes?, Hugh M. Mundy

Pace Law Review

This article considers whether United States v. Booker, the 2005 Supreme Court decision that replaced the then-mandatory federal sentencing guidelines system with an advisory scheme, had any enduring impact on sentencing outcomes. Commemorating Booker’s recent twentieth anniversary requires a balancing act: at once, recognizing the decision’s watershed impact while avoiding claims of lasting change where little exists. The criminal defense community hailed the ruling as a kind of liberation from the guidelines’ dispassionate rigidity. Today, while most lawyers and defendants would still prefer the current system, a legitimate question exists about Booker’s actual effect on federal sentencing. I propose that …

Introducing The Covenantal-Noncentralization Index (Cni) For Assessing Localism, Social Capital, Community Challenges And Community Health, Kahlib Fischer, Edwin Christmann, Melissa Stewart, Todd Robatin, Zachary Federico, John Kebles, Lucy Lambert, Alex Mishra

Journal of Law and Government

Numerous indices measuring social capital and community challenges at the local level exist, but none attempt to offer a measure of community health as an independent variable in comparison to community challenges as a dependent variable. Therefore, we propose the Covenantal-Noncentralization Index (CNI) in an effort to provide a more nuanced understanding of social capital at the local level as well as to differentiate between an independent variable index consisting of family stability, religious adherence, non-profit activity, and charitable giving and dependent variables representing various community challenges: violent crime, childhood poverty, STD rate, high school diploma completion, GDP, and unemployment. …

Defending The West By Reclaiming The Past, Steven Alan Samson

Journal of Law and Government

The Western world was originally shaped by the fine arts and philosophy of Greece, the architecture and law of Rome, and the faith, morality, and prophetic traditions of Judaism and Christianity. As the West loses the religious bond that generated its culture, careful attention should be given to reclaiming and rebuilding this moral and spiritual infrastructure.

Letter From The Editor, Kahlib Fischer

Journal of Law and Government

No abstract provided.

Table Of Contents

Journal of Law and Government

No abstract provided.

The Dangers Of Unregulated Artificial Intelligence: Should The United States Adopt International Ai Regulations?, Katrina P. Perea

Widener Commonwealth Law Review

No abstract provided.

Generating Solutions To Generative Ai, Joseph M. Marrero

Widener Commonwealth Law Review

No abstract provided.

The Uncertain Future Of Agency Deference In Pennsylvania, Brent J. Finkbeiner

Widener Commonwealth Law Review

No abstract provided.

Covid-19 Student Litigation & The Risk To Higher Education, Kiera R. Flannery

Widener Commonwealth Law Review

No abstract provided.

Paying For Care Behind Bars: Why The Federal Bureau Of Prisons Should Eliminate Copayments, Fern Holt

Seton Hall Law Review

No abstract provided.