Digital Commons Network^™

A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler

Maine Law Review

The National Environmental Policy Act was born with a fanfare of rhetoric. Suddenly sensitive to the urgency of the environmental crisis, Congress passed the bill quickly, and President Nixon seized the opportunity to sign it on the first day of the new decade. During its early years, NEPA was hailed by environmental activists as nothing short of a panacea; the environmentalists were nearly unanimous in singing its praises. At the same time, industrialists warned that NEPA's provisions could stop growth and progress in their tracks. But in recent months the battle lines have begun to shift. When the subject of …

Toward The Wired Society: Prospects, Problems, And Proposals For A National Policy On Cable Technology, Gary H. Gerlach

Maine Law Review

The city is already encroaching on the countryside in a modest cultural sense. Today many remote New England villages receive more channels of New York City television, and receive them more clearly, than do most residents of the five boroughs of the great city. This anomaly is because of a relatively new and still evolving technology, popularly called cable television. This article primarily addresses the broad problems now confronting the American people on how to devise wise national policies that will put this technology of the new communications to its best uses for the most people. In short, how is …

Dismissals For Pregnancy In Government Employment, Maine Law Review

Maine Law Review

For those who litigate sex discrimination cases, the most difficult problems theoretically are those which involve characteristics that are not common to both sexes. Discrimination on the basis of pregnancy is the most obvious example and is probably the most difficult to attack. Male employers, judges and even obstetricians are outsiders to the experience of pregnancy, and to many of them the process verges on the mysterious. Masculine attitudes toward pregnancy range from protectiveness to contempt, but they are seldom neutral. Because counsel for women plaintiffs contesting pregnancy employment regulations work in a sensitive area, they should be especially careful …

Graduated Responsibility As An Alternative To Current Tests Of Determining Criminal Capacity, Maine Law Review

Maine Law Review

When a person breaks the law, inquiry may be made into why he acted in an illegal manner and, if he satisfies the relevant test of criminal exculpation, he will be held blameless under the law. Although a range of explanations of behavior is possible, when examining criminal responsibility, the law is concerned only with those excuses which bear on moral culpability. This comment suggests an alternative to the absolutist notion that the defendant is either completely responsible or completely irresponsible for his unlawful act. It is contended that cognitive and volitive capacities exist by degrees and that a fairer, …

A National Environmental Policy: Now You See It, Now You Don't, Edward S. Muskie, Eliot R. Cutler

Maine Law Review

The National Environmental Policy Act was born with a fanfare of rhetoric. Suddenly sensitive to the urgency of the environmental crisis, Congress passed the bill quickly, and President Nixon seized the opportunity to sign it on the first day of the new decade. During its early years, NEPA was hailed by environmental activists as nothing short of a panacea; the environmentalists were nearly unanimous in singing its praises. At the same time, industrialists warned that NEPA's provisions could stop growth and progress in their tracks. But in recent months the battle lines have begun to shift. When the subject of …

Toward The Wired Society: Prospects, Problems, And Proposals For A National Policy On Cable Technology, Gary H. Gerlach

Maine Law Review

The city is already encroaching on the countryside in a modest cultural sense. Today many remote New England villages receive more channels of New York City television, and receive them more clearly, than do most residents of the five boroughs of the great city. This anomaly is because of a relatively new and still evolving technology, popularly called cable television. This article primarily addresses the broad problems now confronting the American people on how to devise wise national policies that will put this technology of the new communications to its best uses for the most people. In short, how is …

Bangor And Aroostook Railroad V. Bangor Punta Operations, Inc.: The Public As A Real Party In Interest In Corporate Mismanagement Suits, Maine Law Review

Maine Law Review

For many of the nation's railroads, the early 1960's was a period of financial instability. To fund necessary capital improvements and to provide supportive financing in times of crisis, some railroads were affiliated with unrelated industries possessing superior growth rates. The railroads usually formed holding companies to own and manage the outside properties. The Bangor and Aroostook Railroad (BAR) followed this pattern when it formed Bangor and Aroostook Company (BAC) in 1960. Most of the stockholders of BAR exchanged their stock for BAC stock. Four years later, BAC was merged with another conglomerate to form Bangor Punta Corporation (Bangor Punta). …

Compensating Victims Of Crime: Individual Responsibility And Governmental Compensation Plans, Maine Law Review

Maine Law Review

During the last decade, legal scholars, criminologists, and sociologists have extensively discussed proposals for the compensation of injured victims of crime. The scholarly debate will, in all likelihood, soon come to fruition in the form of comprehensive federal legislation designed to provide an orderly and uniform governmental remedy for persons suffering losses as a result of criminally inflicted personal injury. The years following the widespread adoption of compensation programs will be crucial in the development of an effective and therapeutic system of criminal justice. As criminal sanctions are directed more toward reformation than punishment, and as compensation to victims is …

Chatgpt Didn’T Write This . . . Or Did It? The Emergence Of Generative Ai In The Legal Field And Lessons From Mata V. Avianca, James H. Curlin Iv

Arkansas Law Review

It’s no secret: Artificial Intelligence (“AI”), for better or worse, is revolutionizing the world. The legal field and legal education at large are not immune to this explosion of possible uses for AI technology. However, as with any technological advancement, AI and Generative Language Models bring with them many challenges, including the implications of their use. One such challenge was vividly presented in the case of Mata v. Avianca, often referred to as “The ChatGPT Case.” Mata is a cautionary tale of the potential missteps that can trip up the unwitting user who naively relies on the lofty promises of …

Building Layered Defenses To Reduce Illegal Gun Violence, Samuel Kan

Arkansas Law Review

The government and stakeholders in society must act within their span of control to eradicate excessive and illegal gun violence. It is not surprising that a majority of Americans “say gun violence is a very big problem in the country[,] . . . they expect the level of gun violence to increase[, and] . . . it is too easy to legally obtain a gun” in the United States. This Article tackles this politically charged issue and recommends specific strategies for the government and stakeholders in society to reduce unlawful firearm violence and its harmful effects. At the heart of …

Lawyers, Trauma, And Professional Well-Being: How The Legal Community Takes Back Its Mental Health, Brenda D. Gibson

Arkansas Law Review

Accompanying a notable shift in the legal academy to being more attentive to our students’ mental health, there must be an equal (or even greater) shift to focusing on trauma, mental health, and well-being in the broader profession. Significantly, trauma and its effects are compounded when combined with the challenges faced by underrepresented populations within the profession. To date, these challenges have been greeted by an ad hoc, piecemeal reaction to stress and trauma,10 which only inhibits wellness in the profession. Part I explores the current literature in both the humanities and the legal profession, beginning with a brief discussion …

Breaking Down The Walls: Changes To Single-Family Residential Zoning To Improve Housing Affordability And Inclusivity, Jackson Barton, J.D.

Lincoln Memorial University Law Review Archive

Single-family residential zoning has long been a method to keep unwanted individuals and families out of wealthier, more affluent neighborhoods. What area an individual or family lives in can dictate many aspects of their lives, including their job opportunities, access to health care, and their kids’ education options. By implementing changes to single-family zoning and allowing higher population density in suburbs and small towns, cities and states can create neighborhoods that are welcoming to a wide range of the socioeconomic spectrum.This comment discusses the changes that many states, municipalities, and cities have made to their long-standing zoning schemes in the …

The New And Improved Vawa: A Look Into State Law And Local Nuisance Ordinances After The 2022 Reauthorization, Alexis Stevens, J.D.

Lincoln Memorial University Law Review Archive

The Violence Against Women Act has protected victims of domestic violence, dating violence, stalking and sexual harassment for over 30 years now. The Act has been reauthorized four times, providing stronger protection for victims each time. The most recent reauthorization in 2022 includes protection for domestic violence victims against chronic nuisance ordinances. These ordinances allow municipalities to punish landlords and tenants if a tenant calls the police too many times to the property, including times in which a domestic violence victim, seeking help, calls the police on their perpetrator. Many states have enacted statutes that align with the 2022 Reauthorization …

A Court Under Scrutiny: How Ethical Failures Endanger The Legitimacy Of The Supreme Court, Presley A. Overbey, J.D.

Lincoln Memorial University Law Review Archive

This Note explores the deepening legitimacy crisis facing the United States Supreme Court, arguing that ethical failures among its justices have eroded public confidence in the institution and threaten the foundational principles of American democracy. Beginning with an analysis of Institutional legitimacy and its relationship to public acceptance, this Note articulates why legitimacy, not merely power or authority, is essential to the judiciary’s function. Tracing the historical development of the Court and its evolving public perception, this Note Examines recent ethical controversies involving Supreme Court justices that have contributed to its growing unpopularity. It critiques the Court’s existing ethical framework, …

Who Does It Best? A Fifty-State Comparison Of The Laws Surrounding Methamphetamine, Trinity Bledsoe Bryant, J.D.

Lincoln Memorial University Law Review Archive

Methamphetamine abuse remains a significant public health and criminal justice issue across the United States. Despite its widespread impact, states have taken varied legislative approaches to combat possession, distribution, and use. This Note provides a comprehensive fifty-state comparison of methamphetamine-related laws, examining key legal provisions, penalties, and alternative rehabilitative procedures. By analyzing trends in legislation, the Note highlights which states enforce the most stringent or lenient policies and evaluates their effectiveness in reducing the use of methamphetamine within the state. The findings aim to inform policymakers and legal professionals on best practices for combating methamphetamine abuse while balancing public health …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Rectifying Historical Wrongs: The Case For The Indigenous’ Inherent Right To Self–Govern Child Welfare In Canada, Ariana Kravetz

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Monitoring Academic Freedom: Reflections For Advocates, Andrea Boggio

Politics, Law, and Society Faculty Journal Articles

This paper reflects on the challenges and opportunities of academic freedom monitoring from an advocacy perspective. Based on the review of two existing academic freedom indexes and the author’s experience building scientific freedom indicators, the paper discusses three challenges: conceptual, methodological, and political. The conceptual challenges are of four kinds: undertheorization, complexity, necessity of specification, and variation. The paper concludes by identifying three strategies (theory-building, interoperability, and cosmopolitanism) to strengthen monitoring and make it a more effective advocacy tool.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Reflections On Teaching The Rule Of Law: An Essay, Christopher R. Kelley

Arkansas Law Notes

This Essay reflects on a Rule of Law course taught at the University of Arkansas School of Law since 2009, exploring its evolution and purpose over fifteen years. Moving beyond a historical survey of the rule of law and debates about its meaning, the course integrates diverse disciplines such as psychology, economics, and current events to cultivate lawyer professionalism through a rule of law lens. Central to the course is a focus on corruption—its causes, consequences, and cures—with professionalism presented as a key antidote, and an emphasis on helping students define what the rule of law means to them and …

Washington State Bar Licensure Task Force Subcommittee On Ethics/Character Fitness Report And Recommendations, Brent Williams-Ruth

Seattle University Law Review Online

The Washington State Bar Licensure Task Force’s Subcommittee on Ethics/Character and Fitness (the Subcommittee) was created at the behest of Brent Williams-Ruth, the representative selected by the President of the Washington State Bar Association (WSBA or the Bar) to represent the Board of Governors on the Bar Licensure Task Force. His interest in modifying the Character and Fitness process took root after meeting Tarra Simmons during her experience with the Character and Fitness Board. After the WSBA Character and Fitness Board recommended that Simmons’s application to sit for the bar exam be denied, the Washington Supreme Court reversed that recommendation …

Children’S Privacy In Xr Applications – A Rights-Based Approach, Witzleb, Normann

Santa Clara High Technology Law Journal

In the extended reality (XR) of Metaverse applications, several innovative technologies converge and interconnect to blur the lines between the digital and physical worlds. The seamless operation of XR applications requires the collection and processing of huge quantities of data, including personal data, to give users a truly immersive virtual experience. One of the major intended user groups of the Metaverse are children, who increasingly use XR spaces to learn, play, create content, and engage in a wide range of other activities. This article considers the challenges to safeguarding children’s privacy in this evolving digital landscape and makes recommendations for …

Criminal Protection Of Genomic Data: A Comparative Analytical Study, Maitha Hareb Al Amimi

Thesis/ Dissertation Defenses

This study aims to provide an analytical comparison of legal protection mechanisms for genomic data in the United Arab Emirates and the United States by examining the legislative frameworks governing this sensitive information. Genomic data is among the most private forms of personal information due to its significant use in medicine, insurance, and employment—necessitating robust legal protections against misuse and genetic discrimination. In the UAE, the research focuses on the 2021 Personal Data Protection Law, which outlines rules for handling genomic data and imposes penalties for violations. It also examines the UAE Human Genome Law, which regulates the collection and …

Endocrinology Expert Witness: Bridging Healthcare And Law To Uphold Standards, Mihail Zilbermint, Stacey B. Lee

Journal of Community Hospital Internal Medicine Perspectives

The role of a medical expert witness is vital in bridging the gap between the healthcare and legal systems, ensuring that justice is served while maintaining high standards of medical care. This perspective highlights the importance of medical professionals engaging in expert witness work, examining both the challenges and rewards of this role. Initially, community physicians may hesitate to participate due to misconceptions about legal risks or potential professional backlash. However, expert witness work provides a unique opportunity to supplement income, contribute to the integrity of the medical profession, and deepen medical knowledge.

The development of legal knowledge, such as …

Winter Is Coming: What States Should Do Now, Part I, David Gamage, Darien Shanske

Faculty Publications

This Article addresses the unprecedented fiscal challenges facing state governments as federal policy shifts threaten to create a perfect storm of revenue losses and increased service demands. As states confront potential federal cuts to essential services like Medicaid, reduced tax enforcement capacity, and possible tariff-driven economic disruption, we argue that piecemeal responses will prove insufficient.

We propose a seven-step framework for state fiscal resilience: (1) pausing automatic conformity to federal tax changes to preserve revenue bases; (2) enhancing state tax enforcement capacity by hiring federal personnel as the IRS sheds expertise; (3) maintaining and expanding taxpayer service innovations like direct …

Class Is In Session: Anders V. Cal. State Univ., Fresno And The Debate Over Class Certification In Title Ix Athletics Cases, Fuller Kolsrud, Morgan

Santa Clara Law Review

The world of college athletics is changing rapidly and dramatically. Conferences are disintegrating and realigning. The COVID-19 pandemic exacerbated the cutting of varsity sport programs at universities around the country. Student-athletes are signing multi- year name, image, and likeness (NIL) deals with major brands such as Gatorade, State Farm, and Nike that are worth millions of dollars. Yet with all of these changes, a college or university receiving federal funds remains obligated to abide by the anti-discrimination requirements of Title IX of the Education Amendments of 1972, widely known as Title IX.

Though Title IX has been federal law for …

Recent U.S. Government Policy Literature On Critical And Strategic Minerals, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Critical and strategic minerals have become increasingly important in U.S. government civilian and military policymaking in recent years. This is demonstrated by the heavy use of such minerals in many critical civilian and military infrastructures. This work will discuss how this subject has been addressed in laws, presidential documents, and works by government agencies along with congressional oversight committees and support agencies. It will stress how the United States is heavily dependent on strategic minerals from adversarial foreign countries such as China and will examine U.S. efforts to increase its ability to produce such materials in the United States by …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …