Digital Commons Network^™

Water Governance And Water Futures In The United States And Australia, Robert Haskell Abrams

Natural Resources Journal

The world’s hydroclimate has become more extreme in the last several decades—a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation that could be adapted to advantage by the other in coping with the onset of reduced flows in major river basins—most prominently, the Colorado in the U.S. and the Murray-Darling in Australia. Significant similarities of history, settlement of arid regions, and legal systems abound. These include Anglo settlement bringing riparian …

The Fallout Of The Trinity Test: The Need To Expand Reca To Include New Mexico Downwinders, Angélica Ortega

Natural Resources Journal

The Radiation Exposure Compensation Act (“RECA”), which offers one-time payments to designated individuals who have developed specific diseases and cancers due to radiation exposure, was set to expire on June 10, 2024. On March 7, 2024, the U.S. Senate passed Senate Bill 3853 (“S. 3853”), the “Radiation Exposure Compensation Reauthorization Act” which would continue RECA payments for an additional six years and would allow for more individuals to be eligible for these payments. However, the bill has not become law because it is still pending review by the U.S. Congress. One of the groups that would be eligible for these …

Before The Streetlights Come On: Black America’S Urgent Call For Climate Solutions, Caroline Dunn

Natural Resources Journal

No abstract provided.

Blowing Through The Barriers Of Offshore Wind: Leveraging States' Authority To Ensure Energy Justice In Offshore Wind Development, Indya Woodfolk

Duke Environmental Law & Policy Forum

No abstract provided.

Cama At 50: The Coastal Area Management Act's Establishment, Implementation, And Future, David W. Owens

Duke Environmental Law & Policy Forum

No abstract provided.

On Valuing Community Environmental Management: Revenues, Costs Avoided, Economic Impacts, And Amenities, William N. Ferris

Duke Environmental Law & Policy Forum

No abstract provided.

Watching The Tide Roll Away: Looking Forward After Fifty Years Of The Coastal Area Management Act, Julia Furr Youngman

Duke Environmental Law & Policy Forum

No abstract provided.

Negotiating Migration In The Mediterranean: A Comparative Study Of Morocco And Italy’S Border Policies And Their Humanitarian Impact On Irregular Migrants, Shennel Ep Henries

Master's Theses

Serving as both a barrier and a bridge that connects Africa and Europe, the Mediterranean is today the focal point of global controversies around migration, where humanitarian interests balance against border policing and meet securitization policies. This thesis examines the questions: How do irregular migrants adapt, interpret, and maneuver around securitized Moroccan and Italian migration policies, and what do their strategies tell us about the relationship between humanitarianism and securitization in Mediterranean bordering processes? Drawing on qualitative evidence, including expert interviews with organization employees and volunteers in Morocco and Italy (Fondazione Solidarietà Caritas, Nosotras Onlus, and Caritas Maroc), field observation, …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Catholic University Law Review

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

Tackled By The Federal Legislature?: Flaws In Nfl Arbitration Policies Highlighted By Proposed Ending Forced Arbitration Of Race Discrimination Act Of 2023, Brandan Parks

Arbitration Law Review (2009 - Present)

No abstract provided.

Who Will Save The Water? Appealing To The Judiciary To Revisit Reasonable Use, Alycia Schoof

University of Dayton Law Review

Michigan is known as the Great Lakes State: Daily life, the economy, recreation, agriculture, and more are influenced and even defined by the abundance of waterways all around. Lulled into complacency by the seeming excess of water, residents, business owners, politicians, and tourists all likely believe that the Great Lakes are inexhaustible. Elsewhere, extended droughts brought on by climate change deplete traditional sources of water, even while the demand for it grows, in industry, agriculture, and the municipal water supply for developing communities.

This increased demand will threaten the viability and sustainability of the Great Lakes in the coming decades. …

Personhood After Dobbs, Joshua J. Craddock

Catholic University Law Review

Following the Supreme Court’s decision to overturn Roe v. Wade in 2022, unsettled questions remain about the constitutional status of unborn children. With good reason, Dobbs v. Jackson Women’s Health Organization did not address whether unborn children are persons within the original meaning of the Due Process and Equal Protection Clauses. The historical evidence, however, is now well-established that when the Fourteenth Amendment was ratified in 1868, the word “person” had a settled public meaning that included every human being—children in the womb among them. And if unborn human beings were included within the original public meaning of “person” in …

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

No Shirt, No Adverse Employment Action, No Service: How The Eleventh Circuit’S Decision In Beasley V. O’Reilly Auto Parts Misinterprets The Ada’S Failure-To-Accommodate Provision, Will Nenni

University of Dayton Law Review

No abstract provided.

Zen Body, Zen Mind: Can A Law Student Learn Mediation In Law School?, Vanessa Kubota

Arbitration Law Review (2009 - Present)

No abstract provided.

Miguel Castro Castro Prison V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Stronger Future For Family Law Arbitration: Enhancing The Uniform Family Law Arbitration Act To Shield The Vulnerable, Jayden Solomon

Journal of Law and Policy

The rising popularity of alternative dispute resolution (“ADR”) methods, particularly arbitration, has transformed family law practices, offering more accessible and efficient means of resolving disputes. This Note explores the critical role of the Uniform Family Law Arbitration Act (“UFLAA”) in safeguarding vulnerable populations, specifically children and domestic violence survivors, within the arbitration process. While the UFLAA offers important protections, these measures should serve as a starting point rather than a benchmark for ensuring these safeguards. This Note advocates for the integration of more robust protections within the UFLAA to better protect these individuals throughout arbitration. It examines the history of …

Canales Huapaya Et Al. V. Peru, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Reconceptualization Of Corporate Governance For Fintech Firms, Isa Alade

Loyola of Los Angeles International and Comparative Law Review

The scandals involving some major fintech firms/platforms such as FTX, Wirecard, Celsius, TerraLuna and Lending Club raise questions about the efficacy of the current corporate governance architecture for fintech firms. Comparing some of the factors that contributed to these recent scandals in the fintech industry against the weaknesses in the corporate governance arrangements for traditional financial firms in the period leading to the global financial crisis (GFC), this paper argues that the unique characteristics of fintech firms amplify some of the weaknesses in the corporate governance arrangements in the financial services industry that contributed to the GFC. The ubiquitous nature …

Trabajadores Cesados De Petroperu V. Peru, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Banality Of Crimmigration—Can Immigration Law Recover Itself?, Catherine Dauvergne

All Faculty Publications

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other …

Equal Pay, Unequal Opinions: Navigating The Ongoing Circuit Split On Prior Pay As An Affirmative Defense Under The Equal Pay Act, Emily G. Young

University of Cincinnati Law Review

No abstract provided.

Too Hot, Too Cold: The Search For Just-Right Platform Liability For Recommendation Algorithms, Hannah May

University of Cincinnati Law Review

No abstract provided.

Utilizing Equitable Remedies Via The Defend Trade Secrets Act's Extraterritorial Reach To Enforce Judgments Against Foreign Defendants, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

Paper Houses: Identifying The Housing Remedies Gap And How To Close It, Shannon Price

University of Cincinnati Law Review

No abstract provided.

Confronting The Duty To Capitalize In Veil-Piercing, Douglas C. Michael

University of Cincinnati Law Review

In corporate law, the doctrine of “piercing the corporate veil” allows courts to hold shareholders personally liable for corporate obligations. The doctrine—which now also applies to entities other than corporations—has been widely criticized as imprecise and unworkable. I respond to that criticism in the area of veil-piercing law which remains most intractable—the case of the tort victim who remains unsatisfied after exhausting corporate assets. Although most commentators have eschewed talk of any duty owed by the business owner to vest the business with sufficient assets, I argue that courts and legislatures should recognize—confront—such a duty. I look to negligence law …

A View From Inside: The Federal Government's Pivotal Role In Securing And Advancing Access To Justice, Kalpana Kotagal

University of Cincinnati Law Review

No abstract provided.

Transgender Equality: An Inflection Point For Equal Protection?, Katie Eyer

University of Cincinnati Law Review

No abstract provided.

Law School News: Protecting The Waters 4-10-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: From The State House To The Court House 4-22-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.