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Auto Dissertation I, Vol. 1: Breaths Along The Potomac: An Epistolary Art Gallery, Dominic Shodekeh Talifero

Northwestern Law Journal des Refusés

No abstract provided.

A (Gen X Pop Music) Criminal Procedure Playlist, Tung Yin

Northwestern Law Journal des Refusés

No abstract provided.

Unveiling Injustice: The Case For Ending Guantanamo Bay And Extrajudicial Detention, Aasiyah Wasif

Northwestern Law Journal des Refusés

No abstract provided.

Integrating Positive Psychology And Spirituality To Foster Meaning And Well-Being In Older Adults, Crystal Morris

Adultspan Journal

This perspective article explores the integration of positive psychology interventions (PPIs) and spirituality in therapy to foster meaning and well-being in older adults. It highlights exercises such as the positive introduction, positive legacy, character strengths, mindfulness, mindful-based yoga, and a manifestation prayer journaling. The interventions presented are tools to support older adults that may experience depression, difficult life transitions, and the search for renewed meaning. Therapists who integrate PPIs and spirituality into therapy can promote a holistic, non-pathological approach to treatment.

Foreword, Hon. Nancy G. Abudu

University of Miami Law Review

No abstract provided.

What’S In A Name? How The Eleventh Circuit Ignored The Fourth Amendment To Hold That A Warrant For One Person Authorizes The Detention Of Others, Jared Mcclain, Dylan Moore

University of Miami Law Review

Odds are, your name isn’t all that unique. Most people share the same first and last name with hundreds, if not thousands, of other Americans. The frequency with which people share a name raises an important question of civil rights: What happens when officers arrest and detain an innocent person based on an arrest warrant that was issued for someone else with the same name?

In the Eleventh Circuit, the answer is almost always “nothing.” So long as a mistaken detention lasts three days or fewer, officers are free from accountability for apprehending the innocent—even if those officers have good …

Prefatory Matter And Table Of Contents

University of Miami Law Review

No abstract provided.

The Need For A New Sexual Assault Charge In The Texas Penal Code For Victims Of Intimate Partner Sexual Assault, Brianna Hollien Ruiz

St. Mary's Law Journal

No abstract provided.

Towards A Human Rights-Based Approach To Energy Transition In Africa, Oyeniyi Abe

Pacific Faculty Work

African countries have increasingly emphasized adopting lower carbon, more efficient and environmentally responsible energy systems. Despite these efforts, little progress has been made in addressing the adverse human rights impacts of energy transition programs and projects, and the responsibilities of extractive sector corporations and operators. Existing legal and institutional frameworks supporting human rights face hindrances in adapting to local contexts to pursue clean energy transition and energy justice. Through the lens of community engagement, gender equality and other rights-based approaches, this article argues that socially excluding vulnerable groups in accessing energy markets is primarily a function of consolidating energy delivery …

Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle

Northwestern Journal of Technology and Intellectual Property

Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …

Who Holds The Hammer? A Private Ordering Framework As The Key To Carpenter’S Privacy Puzzle, Matthew Green

Northwestern Journal of Technology and Intellectual Property

This Note builds on the Supreme Court’s reasoning in Carpenter v. United States, suggesting that its technology-specific approach may be insufficiently elastic to address the complexities of modern data privacy. Through an analysis of several exemplars, this Note advocates for a private ordering framework—where data collectors respond to consumer expectations of privacy through self-regulating practices—as a more adaptive and effective means of safeguarding digital privacy. This approach preserves the third-party doctrine while reducing the burden on courts to draw technological boundaries in a rapidly evolving digital environment.

Asegurar La Frontera: Expansion Of Governor Greg Abbott’S Powers Over Border Security, Marshall B. Lloyd

St. Mary's Law Journal

No abstract provided.

Jarkesy’S Stakes For The Sec, James Fallows Tierney

Duke Law Journal

This Article examines the implications of the Supreme Court’s decision in SEC v. Jarkesy for the Securities and Exchange Commission (“SEC” or “Commission”). In Jarkesy, the Court held that Congress cannot assign the adjudication of securities antifraud violations seeking civil penalties to an administrative agency without a jury trial, for such punitive actions involve “private rights.” Although this ruling might suggest a reduction in SEC enforcement actions due to the higher costs of federal jury trials, the SEC had already adjusted its practices following Lucia v. SEC in 2018. The Commission shifted away from using administrative law judges for civil …

Presidential Administration And The Accountability Illusion, Brian D. Feinstein

Duke Law Journal

For over a decade, the Supreme Court has upended executive-branch structures that insulated administrative agencies from the White House. Judges and scholars justify this project in part by claiming that presidential control over administration boosts agencies’ accountability to the American people. Yet, despite the importance of “the people” as this endeavor’s asserted beneficiaries, public attitudes concerning this foundational claim are unknown. This Article puts this claimed connection to the test. Grounded in a set of novel experiments involving over five thousand participants, it presents the first evidence of Americans’ views regarding whether greater presidential authority over agencies enhances accountability to …

Scientific And Technical Expertise After Loper Bright, Sapna Kumar

Duke Law Journal

Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …

Our Marbury: Loper Bright And The Administrative State, Cass R. Sunstein

Duke Law Journal

Loper Bright, overruling Chevron, is unmistakably part of administrative law’s current “Grand Narrative,” which sees contemporary administrative agencies with suspicion, as a product of successive breaches of Article I, II, and III of the Constitution. The decision should be seen as our Marbury v. Madison—an effort to insist that it is emphatically the province and duty of the judicial department to say what the law is. But will the decision produce large changes? The answer depends, of course, on the meaning of both Chevron and Loper Bright. Under Chevron, courts hardly gave a blank check to agencies; on the contrary, …

Equal Protection As A Measure Of Competing Interests In Welfare Litigation, John G. Richardson

Maine Law Review

Presently legal attacks on welfare programs focus upon the basic theory of the program, its definitions of need and obligation, and dissatisfaction with aspects of daily administration. Because these attacks seek to invalidate state action and federal forums are usually sought, conventional constitutional arguments of due process and equal protection are adapted to the peculiar issues posed by welfare cases. These attacks in substance allege that the state has so failed to support a needy person that its actions are fundamentally unfair and unacceptable. Equal protection has been raised often in welfare cases and some courts have granted relief based …

Suggested Revisions In Maine's Planning And Land Use Control Enabling Legislation—Part Ii, Orlando E. Delogu

Maine Law Review

The process which transfers land from its natural or an unintensively used agricultural state to house lots, shopping centers, or industrial sites is often referred to as land subdivision. No more long-lasting or fundamental series of changes with respect to the land can be imagined; yet the process in Maine is not only unregulated by the state and by most local levels of government, but is not at present capable of being regulated in any meaningful sense of the word. No state statutes exist which impose even the most reasonable standards, limitations, or procedural safeguards on either the process of …

Legislative Discouragement Of Maine's Marine Industrial Growth, John H. Pursel

Maine Law Review

At common law the public rights to navigation and fishing could not be alienated by the King. Dry land and the land beneath the sea could be alienated but only so long as the public rights to navigation and fishing were preserved. This common law doctrine was rejected in 1842 by the United States Supreme Court as binding precedent for limiting the alienation of the public domain by the legislatures of the various states. In Martin v. Wadell the Court reasoned that this common law principle was not applicable because the people of the United States through their act of …

Maine's Educational Television Network: Legal Difficulties, Charles L. Cragin Iii

Maine Law Review

Maine's educational television network (ETV) cannot pride itself in achieving broad goals and, in fact, cannot attempt to achieve them because of legislation of questionable legal validity which has become an anachronistic barrier to innovations consistent with a keener awareness of the utility of educational television. This note focuses on the state-controlled system servicing northern Maine and points out the conflicts between the system's enabling legislation and the manner in which the system currently operates, and between the enabling legislation and federal laws and regulations. Additionally, it recommends, in a statutory format, the manner in which the system should be …

The Farm Worker: His Need For Legislation, Susan Calkins

Maine Law Review

Of America's ignored and invisible people, the farm worker is one of the most ignored and least visible. He is hidden by the crops as he works his way down the endless rows. Far from the cities where the laws are made and the issues of the day are debated, his voice is not heard. He is vitally necessary to this well-fed nation, and yet his needs are seldom considered. The legislators have not ignored the industrial worker. They have provided him with laws insuring a minimum wage, workmen's compensation and other such benefits. The farm worker, however, is expressly …

Proof Of Defect In A Strict Products Liability Case, Robert F. Hanson

Maine Law Review

The realization that negligence doctrines do not provide an adequate remedy for consumers injured by defective products has led many courts to adopt theories of strict liability. Justification for the strict liability doctrine rests on the judicial belief that the law should provide maximum protection for the health and safety of all consumers, and that the manufacturer is "conditionally at fault" if he does not compensate consumers injured by his defective products. Manufacturers are not held liable for all product-related harm to consumers. To recover the plaintiff must plead and prove that the product which caused the harm was defective …

Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie

Maine Law Review

Extraterrestrial exploration and a historic lunar success have helped give modern man a unique perspective on the earth and his natural environment. We have looked on our planet from the reaches of outer space and have seen how small, how alone, and how vulnerable we are. We have travelled to the moon and photographed Mars, but we have finally realized that no matter how far or how fast we grow, no matter how far afield our explorations take us, and no matter how great our vision, we must always return to earth. This is a discomfiting realization for a civilization …

Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash

Widener Commonwealth Law Review

No abstract provided.

Preventing Legislative Abuse Of Lucrative Environmental Resources: A Survey Of Pennsylvania Environmental Defense Foundation V. Commonwealth, Kendra Schleig

Widener Commonwealth Law Review

No abstract provided.

Striking A Balance: A Criminal Defendant's Right To Confront Witnesses Versus The Risk Of Re-Traumatizing Child Victims, Julie M. Stenhouse

Widener Commonwealth Law Review

No abstract provided.

Bernier V. State - The Right To Counsel In Entrustment Revocation Proceedings, Peter J. Detroy

Maine Law Review

Theodore Bernier was adjudicated a juvenile offender in September, 1966, and was subsequently committed to the Boys Training Center (BTC) for the term of his minority. In February, 1968, he was released on entrustment to his parents. Almost a year and a half later, Bernier was questioned by local police regarding his possible involvement in the theft of greenstamps from a local store. Although he was released without the police taking further action, they notified an aftercare and placement worker assigned to the BTC of the questioning. As a result, the BTC revoked the entrustment, and the police took him …

Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes

Maine Law Review

The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …

Conservation, Policy And The Role Of Counsel, David J. Halperin

Maine Law Review

The conservation interests in the State of Maine have been roused to a furor by the decision of Maine's highest court in State v. Johnson. The case, in substance, holds that Maine's Wetlands Act is unconstitutional when applied to prohibit the filling of a specific segment of salt water marsh. While both the decision and the underlying statute are of considerable substantive interest, the case deserves particular study for the light it sheds on the role of counsel in helping the legal process accommodate new policy concerns. A note of caution must, of course, be sounded before seeking to generalize …

The Constitutional Law Of Remedies In Welfare Litigation, Donald F. Fontaine

Maine Law Review

It is becoming increasingly obvious that the problems of poor people in the United States are dependent, more than those of other classes, upon the proper administration of government agencies. The contact of poor people with government agencies involves most of their chief concerns in life: Welfare, social security, adequate health care, adequate income from work, a safe and healthy place to live, whether privately or publicly owned, and schools that provide real education without racial or economic discrimination. Where payments are improperly withheld from a presumably destitute recipient, the need for a speedy and adequate remedy should be obvious. …