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Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport May 2025

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …


The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles Gardner Geyh May 2025

The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles Gardner Geyh

Mercer Law Review

The duties core to the professional identity of a judge are encapsulated in an ethical directive at the literal forefront of the Model Code of Judicial Conduct, some variation of which all state and federal judiciaries have adopted. Rule 1.2 provides that “[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary[.]” This directive implicates three challenges, or pressure points, relevant to a judge’s identity: 1) insofar as judges begin their legal careers as practicing lawyers, when they ascend the bench their professional identities must transition from …


Walking The Ethical Tightrope: The Supreme Court Of Georgia Finds The Thin Line Between Professional Misconduct And Personal Mistakes, A. Lane Hammond May 2025

Walking The Ethical Tightrope: The Supreme Court Of Georgia Finds The Thin Line Between Professional Misconduct And Personal Mistakes, A. Lane Hammond

Mercer Law Review

When does a lawyer’s misconduct outside the courtroom affect their licensed status? This question has become increasingly relevant in the legal profession where the line between personal and professional conduct is thin. To a law student nearing the character and fitness portion of the Georgia Bar, that answer feels like, “Always.” Some practicing attorneys may emphatically answer, “Never.” Attorneys are expected to follow the highest ethical standards, but the reality is that many make ethical mistakes in the practice of law and in their personal lives. The challenge of determining which of these mistakes the Supreme Court of Georgia can …


Loper Bright: Resurrecting Skidmore In A New Era, Bernard W. Bell May 2025

Loper Bright: Resurrecting Skidmore In A New Era, Bernard W. Bell

Seton Hall Law Review

No abstract provided.


Loper Bright’S Deregulatory Synergies, Renee Farmer, Daniel G. Aaron May 2025

Loper Bright’S Deregulatory Synergies, Renee Farmer, Daniel G. Aaron

Seton Hall Law Review

No abstract provided.


Child Rights: Bangladesh’S Obligations Under The Worst Forms Of Child Labor And Minimum Age Conventions, Ella Jones May 2025

Child Rights: Bangladesh’S Obligations Under The Worst Forms Of Child Labor And Minimum Age Conventions, Ella Jones

Georgia Journal of International & Comparative Law

Despite international prohibitions, millions of children in Bangladesh endure exploitative labor in violation of ILO conventions, highlighting the country’s enforcement failures and urgent need for reform.


Will Green Mean “Stop”? Exploring How Combatting The Climate Crisis Impacts On Wto Relevance, Sean Stacy May 2025

Will Green Mean “Stop”? Exploring How Combatting The Climate Crisis Impacts On Wto Relevance, Sean Stacy

Georgia Journal of International & Comparative Law

The WTO faces a legitimacy crisis as climate change demands leadership it may be structurally unfit to provide, raising doubts about its future role in global governance.


The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen May 2025

The Local Impact Of The International Standardization Of Transitional Justice: Lessons From The Ugandan Case, Thomas Hansen

Georgia Journal of International & Comparative Law

This Article examines how international transitional justice (TJ) standardization has influenced Uganda's TJ processes, exploring stakeholder perceptions, local implementation, and its implications for academics, policymakers, and practitioners.


Originalism And Democratic Decline, Robin Maril May 2025

Originalism And Democratic Decline, Robin Maril

Maryland Law Review

No abstract provided.


Consumer (Mis)Understanding Of Dietary Supplement Labels, Jason Iuliano, Madison Kilbride May 2025

Consumer (Mis)Understanding Of Dietary Supplement Labels, Jason Iuliano, Madison Kilbride

Texas A&M Law Review

“Helps lower cholesterol levels” and “helps promote healthy cholesterol levels.” Both of these claims are found on pharmacy products. And to ordinary consumers, the message is the same: take this pill and improve your cholesterol. Nevertheless, Congress has placed these statements in two very different regulatory categories. The former is classified as a disease claim, and the latter as a structure/function claim. Whereas products making disease claims require years of clinical trials and analyses before regulatory approval can be granted, products making structure/function claims do not even require governmental review before they can be sold to consumers. This bifurcated regulatory …


The Servicemembers Civil Relief Act Should Be Updated To Recognize Remote Courtroom Appearances, Hon. William G. Montgomery, Hon. Gerald A. Williams May 2025

The Servicemembers Civil Relief Act Should Be Updated To Recognize Remote Courtroom Appearances, Hon. William G. Montgomery, Hon. Gerald A. Williams

Texas A&M Law Review

Allowing military members to continue pending civil litigation so that they can focus their attention on warfighting is sound public policy. Most agree we should protect those “who dropped their affairs to answer their country’s call,” and various federal laws have codified that protection for over a century. But what if the civil matter is com- paratively minor or could otherwise be easily resolved? While the Servicemembers Civil Relief Act (“SCRA”) provides essential protections against harassing civil litigation, it should still pro- vide for the ability of deployed personnel to remotely resolve matters. Virtually every military member can easily be …


The Nih-Moderna Public-Private Partnership: A New Contractual Model For Securing Innovation, Karen Sandrik May 2025

The Nih-Moderna Public-Private Partnership: A New Contractual Model For Securing Innovation, Karen Sandrik

Texas A&M Law Review

The public–private partnership between the National Institutes of Health (“NIH”) and Moderna was considered “one of the few bright spots of the pandemic.” Yet as the NIH–Moderna collaboration progressed at an unprecedented pace, going from vaccine development to FDA authorization in nine months, cracks began to appear in the partnership. Public trust in vaccinations wavered, multiple patent disputes arose, and global frustration erupted over Moderna’s lack of commitment to equitable access to the vaccine that was largely paid for by U.S. taxpayers. This Article argues that the parties’ contractual agreements did shockingly little to support or, indeed, set up the …


Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino May 2025

Dialing In Or Dialing Out? The Relationship Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino

Texas A&M Law Review

This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …


The National Bioengineered Foods Disclosure Standard & Absence Claims: The Cost Of The Butterfly, Cahlen Cheatham May 2025

The National Bioengineered Foods Disclosure Standard & Absence Claims: The Cost Of The Butterfly, Cahlen Cheatham

Texas A&M Law Review

The National Bioengineered Foods Disclosure Standard (“NBFDS”) is a step in the right direction in providing a uniform labeling standard for genetically engineered organisms (“GEOs”) that meet the statutory definition of “bioengineered.” Importantly, the law provides a consensus that GEOs are safe and that labeling standards should be uniform across the United States. However, the law largely fails to settle the broader debate and the issues associated with GEO labeling. Namely, the NBFDS’s use of the term “bioengineered” causes additional confusion, and terms like “genetic modification” and “genetic engineering” remain ambiguous. Furthermore, the Final Rule promulgated by the U.S. Department …


A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar May 2025

A Broken Glass And Its Pieces: The Psychological Impact On Children In Gaza, Qamar Bazar

Publications and Research

This review article is on the psychological effects of ongoing violence on children living in Gaza through a trauma-informed approach to bring together research from academic articles, clinical studies, and journalistic reports published between 2023 and 2025. Based on the sources selected, their focus is on children’s mental health and whether they came from trusted and credible platforms. Rather than just summarizing the research, the paper uses relevant sources to understand how distress shows up in children with mental health struggles such as post-traumatic stress disorder (PTSD), dissociative amnesia, and obsessive-compulsive disorder (OCD). Questions like how they are related to …


Recreate's Amicus Submission To The Constitutional Court In South Africa, May 2025, Iain Currie, Emma Webber, Daniel Linde, Sibongiseni Qagana May 2025

Recreate's Amicus Submission To The Constitutional Court In South Africa, May 2025, Iain Currie, Emma Webber, Daniel Linde, Sibongiseni Qagana

Joint PIJIP/TLS Research Paper Series

The Copyright Amendment Bill in South Africa aims to reform the copyright regime to provide additional rights to creators and users of copyrighted material. The main provisions for creators are a royalty right and increased control over commissioned works. For users, a series of exceptions and limitations are to be introduced.These include fair use for purposes such as education, personal use and research, as well as exceptions for libraries, archives and people with disabilities. South African President Cyril Ramaphosa referred the legislation to the Constitutional Court, primarily over concerns that the new rights for creators and users would constitute an …


Building Bridges: Queer Rights In And Out Of The Courts, Kaz Lane May 2025

Building Bridges: Queer Rights In And Out Of The Courts, Kaz Lane

Minnesota Law Review Vols. 106:2 onward (2021-present)

It is unclear whether the Equal Protection Clause of the Fourteenth Amendment prohibits states from differentiating between people based solely on their sexual orientation and/or gender identity. This note_comment analyzes the Supreme Court’s tiers of scrutiny—rational basis review, intermediate scrutiny, and strict scrutiny—to argue that a new suspect class is warranted for sexual orientation and gender identity (SOGI), triggering strict scrutiny for SOGI classifications. This analysis shows that a united SOGI class meets all of the characteristics associated with suspect classes, including a history of anti-LGBTQIA+ discrimination and the irrelevance between SOGI and one’s ability to contribute to society. This …


Closing In On The Patent Troll: State Legislatures’ Role In Combatting Trolling Behavior, Will Roberts May 2025

Closing In On The Patent Troll: State Legislatures’ Role In Combatting Trolling Behavior, Will Roberts

Minnesota Law Review Vols. 106:2 onward (2021-present)

In the United States, entities known as patent trolls purchase patents solely for the purpose of threatening and bringing litigation and present a significant threat to innovation and economic progress. The question is: Who will rise to the occasion and stop them? In the face of federal inaction, state legislatures have stepped in, enacting laws to combat bad faith assertions of patent infringement. This note_comment examines the efficacy and constitutionality of state anti-patent troll statutes, analyzing how they operate within the broader framework of federal patent law. State legislatures have taken various approaches to address patent trolling. Some statutes have …


Suspecting With Data, Mary D. Fan May 2025

Suspecting With Data, Mary D. Fan

Minnesota Law Review Vols. 106:2 onward (2021-present)

Our pooled consumer big data, such as the pictures we post or the location history and keyword search trails we leave, are generating new ways to solve crimes. Much of the commentary on big data search strategies such as keyword, geofence, and facial recognition searches fixate on Fourth Amendment search and seizure issues rather than evidentiary safeguards. This Article breaks new ground by framing evidentiary guardrails for big data searches to reduce the harms of erroneous arrests, redress secrecy, and counteract the mystique of machine infallibility. Advancing beyond over-reliance on Fourth Amendment doctrine, this Article illuminates how evidence law and …


Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque May 2025

Racial Disparities In Crime-Based Removal Proceedings, Emily Ryo, Ian Peacock, Weston Ley, Christopher Levesque

Minnesota Law Review Vols. 106:2 onward (2021-present)

Whether and to what extent racial minorities experience harsher treatment or face worse outcomes in court are questions of fundamental importance for any justice system. Questions of racial inequality are especially salient in the context of removal proceedings that are triggered by immigrants’ criminal history. Many individuals in crime-based removal proceedings are immigrants of color who face a host of legal disadvantages that are tantamount to double penalties for the same crime for which they have already been punished through the criminal justice system. This Article offers, for the first time, systematic empirical analyses of crime-based removal proceedings decided between …


Toward A Dynamic View Of Corporate Purpose, Dorothy Lund May 2025

Toward A Dynamic View Of Corporate Purpose, Dorothy Lund

Minnesota Law Review Vols. 106:2 onward (2021-present)

Scholars debating the corporation’s role in society generally advance the view that there is only one desirable orientation for corporations and their management. Specifically, proponents of a stakeholder governance model contend that focusing management on a broad set of corporate constituents maximizes overall welfare, while advocates of a shareholder-centric directive counter that prioritizing shareholders creates social welfare by rendering the firm most profitable. This Article offers another view: It suggests that the welfare-maximizing purpose for corporations could change depending on external economic conditions, which both of these positions assume away. Specifically, shareholder primacy is likely to promote welfare in a …


Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann May 2025

Prevention Of And Response To International Crimes Against And Affecting Children, Diane Marie Amann

Scholarly Works

This submission endeavoured to aid the efforts of Parliament’s Standing Group on Atrocity Crimes to promote within the United Kingdom a comprehensive framework regarding international crimes. The submission stressed that prevention is the preferred course: ex ante prevention avoids present harms, inter-generational traumas, and future risks of retaliatory violence, while ex post responses, in the form of criminal proceedings, are likely to be random and selective, not comprehensive. It urged that when harm does occur, responses must aim not only to exact retribution, but also to repair injuries, heal societies, and foster peaceful settlements of disputes. To these ends, the …


Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert May 2025

Analyzing Florida’S Lgbtqia+ Censorship Laws And Their Anti-Democratic Attack On Education, Peyton Sibert

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The past four years (2021-2024) have seen an increase in academic censorship laws and anti-LGTBQIA+ rhetoric across the United States. Florida, specifically, has established itself as a leader in discriminatory legislation. In this paper, the author analyzes four Florida laws: HB 1557, HB 1069, HB 7, and SB 266, along with the rise in book bans to consider both the pedagogical effects and negative impacts on the LGBTQIA+ community. These analyses will be juxtaposed with extant political rhetoric around these laws to expose a) the intent of the law b) the contradictions within and across laws and thereby c) the …


Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan May 2025

Comprehending The Influence Of Harassment And Stalking Laws On The Safety And Well-Being Of Victims In The Us, Khazayma Khan

Doctoral Dissertations and Projects

The purpose of this dissertation is to explore the problem of unresponsive law enforcement faced by legitimate victims of harassment and stalking in the United States and to ultimately develop recommendations to address the problem. A mixed method was used in which qualitative and quantitative data was gathered and analyzed. For this dissertation, a mixed method was applied using interviews, focus group discussions, and surveys to gather data among victims of harassment and stalking. The participants were recruited using convenience sampling in which victims of harassment and stalking were selected from relevant organizations, such as support services. A total of …


Replacement Opening Brief For Plaintiff-Appellant Mona Salcida Murillo, Elise Chigier, Bilal Mubarack, Daniel Siemers, Erin Hunter, Madeline H. Meth May 2025

Replacement Opening Brief For Plaintiff-Appellant Mona Salcida Murillo, Elise Chigier, Bilal Mubarack, Daniel Siemers, Erin Hunter, Madeline H. Meth

Faculty Scholarship

When Mona Murillo tried to assert her rights to be free from sex discrimination and physical threats from prison officials at Salinas Valley State Prison (SVSP), those officials conspired to punish her and obstruct her efforts to remedy these harms. Murillo is a transgender woman who, while incarcerated at SVSP, repeatedly complained about unsafe working conditions (created and maintained because of her sex) and sex-based harassment perpetrated by Defendants Lopez, Garcia, Lepe, and Castillo. In return, Murillo was subjected to threats, fabricated disciplinary charges, and deliberate efforts to deny her access to necessary work gear by these same Defendants and …


The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos May 2025

The Criminal Justice System And The Effect Of The Color-Blind Racial Ideology On Male Minorities Within Bell County, Texas, Teresa Ortiz Santos

Doctoral Dissertations and Projects

The phenomenological study aimed to define the color-blind racial ideology, understand the effect of the color-blind racist ideology on people of color and determine the perception of racial disparity within the criminal justice system by male minorities within Bell County, Texas. The critical race theory, also known as CRT, explains how the white privileged maintain their standing, allowing them to subjugate others based on their social rank. The author describes the racial disparity within the criminal justice system through the CRT. The author collected data from minority males and those over 18 years old. The information was gathered using a …


A Reflective Case Study Of Leadership Models In The Fight For Abortion Access, Jamie R. Abrams May 2025

A Reflective Case Study Of Leadership Models In The Fight For Abortion Access, Jamie R. Abrams

ConLawNOW

This Essay presents a reflective case study on divergent leadership models in the fight for abortion access. Just as scholars study what is happening regarding abortion access, it is equally important to study how people advocate for supportive laws and policies, where they advocate, and who they center in the advocacy, so that tactics remain effective in a rapidly evolving legal, political, and social landscape. This Essay analyzes the “I Stand with Planned Parenthood” advocacy campaign of the 2000s as an example of a centralized and individual leadership model, and it identifies strategic strengths and weaknesses of that approach. This …


State V. Hickman 2024-Ohio-5747, Alyssa Hohlbein May 2025

State V. Hickman 2024-Ohio-5747, Alyssa Hohlbein

Ohio Northern University Law Review

No abstract provided.


Silencing The Mockingbirds: Strengthening Legal Safeguards For Defamation Cases Involving Domestic Violence Allegations, Grace E. George May 2025

Silencing The Mockingbirds: Strengthening Legal Safeguards For Defamation Cases Involving Domestic Violence Allegations, Grace E. George

Ohio Northern University Law Review

No abstract provided.


A History Of Post-Roe America And Canada: From Intertwined Abortion Battles To Dobbs, Mugambi Jouet May 2025

A History Of Post-Roe America And Canada: From Intertwined Abortion Battles To Dobbs, Mugambi Jouet

Northwestern Journal of Human Rights

The changing landscape on abortion following Dobbs has not only sparked a vigorous debate in the United States, but also abroad. Its recriminalization in America led to an outcry in peer Western democracies, whose leaders widely condemned the U.S. Supreme Court’s decision. Yet the social and historical reasons for this international divide are poorly understood.

This Article sheds light on the question through an in-depth comparison of America and Canada from Roe to Dobbs, as the neighboring nations’ abortion histories have been intertwined in intriguing and overlooked ways. When the U.S. Supreme Court decided Roe v. Wade in 1973, …