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Criminal Contempt In Maine: Constitutionally Protected Or Neglected?, Christopher D. Hardy

Maine Law Review

The power to punish contempt of court is an ancient power justified as inherent and necessary for the effective administration of justice. Because criminal contempts are willful challenges to the power of a court to maintain control over its proceedings, contempts are acts which serve to lessen the dignity and authority of the court. Certainly, the maintenance of decorum in the courtrooms is of paramount importance. Absent the ability to sanction willful disobedience, a court is powerless to enforce its decrees or control its proceedings. Yet it is a power readily open to abuse; application of this power must be …

Informed Consent In Maine: Woolley V. Henderson And The Informed Consent Statute, John C. Milazzo

Maine Law Review

In recent years, American courts have used two different standards in informed consent actions to define the scope of a physician's duty to disclose to his patient the risks inherent in a proposed medical procedure—the professional disclosure standard and the material-risk standard. In Woolley v. Henderson, the Maine Law Court expressly adopted the professional disclosure standard. Prior to the Law Court's decision, however, but after the cause of action in Woolley arose, the Maine Legislature enacted the Maine informed consent statute. Justice Glassman's opinion in Woolley expressly declined to construe the statute. The continued relevance of Woolley to similar cases …

California’S Gamble: Trading In Rehabilitation For Incarceration, Drew Svensson

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

No abstract provided.

The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Invasive Species From Sea To Shining Sea: An Exploration Of Different Government Responses To Invasive Species In The United States, Caroline G. Nelson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Revving Up Or Stalling Out? Examining The Effectiveness Of Electric Vehicles In Combating Climate Change, Meghan E. Miller Termat

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

From Rights To Risks: Mental Health Implications For Pregnant Patients Following The Reversal Of Roe V. Wade, Andrew Murdock, Angelica Arshoun, Eduardo Espiridion

Tower Health Research Day

No abstract provided.

Goods And Service Tax On Online Skill Gaming: A Constitutional Perspective, Eeshan Sonak, Saranya Ravindran

Indian Journal of Law and Technology

In light of the rapid growth and the consequent regulatory focus on the taxing of online gaming in India, this paper discusses the CGST (Amendment) Act, 2023 and the amendment in CGST Rules that mark a shift from a Gross Gaming Revenue model to a turnover model of taxation and impose a uniform tax on games of skill and chance. It analyses the compatibility of this shift with our GST regime, undertakes a policy analysis of its economic desirability by drawing from the experiences of other jurisdictions, and challenges its constitutionality by showing that imposing an onerous burden that could …

The Perils And Promises Of Artificial Intelligence In Criminal Sentencing, Tasnimul Hassan Md

Indian Journal of Law and Technology

The proliferation of technology has resulted in an increased reliance of individuals on technological devices. The world is progressively being automated using Artificial Intelligence (AI) systems that are implemented to achieve specific objectives. Automation is now an important part of people’s lives, and it could heavily change the criminal justice system. This article looks at the use of AI in criminal sentencing in India, arguing that AI-based sentencing can reduce sentencing disparity, either if it is subject to a human element or it is fed with ample data that no case-fact is left out. The paper argues that since AI …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

Extraterritorial Civil Liability After Mallory: A Potential New Weapon For Anti-Abortion States In The Interstate Abortion War, Velma Lockman

Nebraska Journal on Advancing Justice

Dobbs v. Jackson Women’s Health Organization marked the culmination of a decades-long movement to overturn the constitutional right to abortion established in Roe v. Wade. The decision commenced an interstate abortion war, in which anti-abortion states are now seeking to enforce their anti-abortion statutes in pro-abortion states. One such statute is Senate Bill 8 (“S.B.8”), a Texas anti-abortion statute that utilizes civil liability to prosecute anyone for “aiding or abetting” abortion.

The year after Dobbs, the Supreme Court issued their opinion in Mallory v. Norfolk Southern Railway Company, which upheld a Pennsylvania consent-by-registration statute and allows Pennsylvania courts to exercise …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Nebraska Journal on Advancing Justice

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Stipulations Of Law And Agency Independence, Jack Ferguson

Pepperdine Law Review

The Supreme Court granted certiorari in SEC v. Jarkesy to consider whether good-cause removal protections for SEC administrative law judges violate the Constitution, but ultimately left the question unanswered. The lower court holding that the removal protections are unconstitutional remains on the books for now, neither affirmed nor reversed. And a circuit split lives on. The removal power question is likely headed back to the Supreme Court before long. This Essay examines a key premise of the Jarkesy litigation and its leading precedent, the 2010 case Free Enterprise Fund v. Public Co. Accounting Oversight Board. In both cases, the parties …

Navigating Harassment And Discrimination At University Of California Through Uaw 4811'S Abusive Conduct Contract Provisions, Sarah Arveson, Emily Weintraut

Journal of Collective Bargaining in the Academy

The Respectful Work Environment (RWE) provisions in the recent University of California labor agreements with graduate students and postdocs have proven useful in addressing harassment and discrimination in new and perhaps more effective ways than either previous contract provisions or university policies and procedures. The authors describe how the new RWE provisions work and provide several illustrative case studies.

"No Pay, No Ras": Resident Assistant Unionization Amidst University Backlash, Justin Weller

Journal of Collective Bargaining in the Academy

While resident assistant (RA) unions have existed in the United States for over 20 years, RA unionization has accelerated on college campuses in recent years. This article explores the institutional responses to RA unionization through a distributive justice framework. I argue unionization aligns with the distributive justice framework and union-busting strategies do not align. I provide practical recommendations for institutions to align their practices with the National Labor Relations Act and relevant jurisprudence. Implications include a need to study RAs’ experiences in unionization and a continued focus on the ongoing legal challenges that may impact future unionization.

The Limits Of Law: Lessons For Collective Bargaining, Eric J. Scarffe, Daniel Saunders

Journal of Collective Bargaining in the Academy

This paper elucidates some features of law that generally go overlooked in collective bargaining. Using examples from collective bargaining agreements at universities in Florida, we unearth how assumptions about the nature of law (championed by the conservative legal movement) may undermine the ability for unions to influence the material working conditions at their universities. We believe negotiators need to reject these assumptions, and embrace an approach to ‘bargaining as pedagogy,’ which emphasizes the need for faculty and administrators alike to arrive at shared understandings of what the law means (be it the collective bargaining agreement, university policy, or state statute).

The Nih Is A Sound Investment For The Us Taxpayer, Nicholas W. Gilpin

School of Medicine Faculty Publications

Research funded by the National Institutes of Health is essential for improving the health of Americans and developing new drugs and treatments for a wide range of diseases.

A Loss For Public Participation, Jeffrey Lubbers

Popular Media

Overshadowed in the blitzkrieg of orders and actions of the Trump Administration that are seemingly intended to assert complete presidential control over the executive branch was a recent rule issued by the U.S. Department of Health and Human Services (HHS) on March 3, 2025, signed by new Secretary Robert F. Kennedy, Jr.

The Future Of Non-Competes In Ny: Non-Competes Reconsidered In Senate Bill S4641a, Daisy Elliot

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Non-competes are contracts that prevent an employee from working for or starting a competing business.  Typically, non-competes are enforceable for a specific period of time, ranging from six months to two years.  These agreements can affect all employees, ranging from low-wage workers to CEOs.  Non-competes are a controversial topic, with ongoing debate about their necessity.  Advocates often argue they are necessary to protect trade secrets, while opponents argue they lower wages and limit job opportunities.  In New York, non-competes remain enforceable; however, as lawmakers push for reform, their future remains uncertain.

This post was originally published on the Cardozo Journal …

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Every Grain Of Sand: 2024 Changes To The Scope Of Higher Education Unionization, William A. Herbert, Joseph Van Der Naald, Jacob Apkarian

Publications and Research

In this research note, we supplement the findings presented in the National Center’s 2024 Directory of Bargaining Agents and Contracts in Institutions of Higher Education. We aggregate and analyze data on changes in academic collective bargaining relationships for faculty, postdoctoral scholars, and graduate and undergraduate student employees in the year 2024. Our findings demonstrate that the growth in academic collective bargaining over the past decade that we documented in the 2024 Directory has continued. However, we find some significant contractions in faculty unionization through institutional closures and the revocation of bargaining units in the state of Florida. The research …

Brief Of 11 Narcolepsy Patients, Public Interest Orgnizations, Medical Professionals, And Professors Of Law As Amici Curiae In Support Of Defendants-Appellees, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are patients, organizations, medical professionals, and legal scholars who share a common interest in advancing the law toward better patient health and welfare. New, clinically superior drug products for treating rare diseases and conditions tremendously benefit patients and society, because those products offer choice, competition, and improved patient care. In filing this brief, amici hope to make this Court aware of the broad real-world implications of this case, both for narcolepsy patients and for the public interest generally. Generation Patient is a nonprofit organization that represents young adults with chronic and rare conditions across the United States. Created …

Brief Of 12 Narcolepsy Patients, Public Interest Organizations, Medical Professionals, And Professors Of Law And Medicine As Amici Curiae In Support Of Defendants-Appellees (Amended To Add Further Signatories), Charles Duan

Amicus Briefs & Court Filings

A prior copy of this brief was filed, inadvertently omitting one signatory. This brief has accordingly been amended to correct the error, reflected in the Certificate as to parties and the Appendix.

We Were All Originalists . . . For A Minute: Has The Supreme Court Abandoned The Search For Original Public Meaning? Should It?, Steven Semeraro

San Diego Law Review

Predicting the Supreme Court’s next turn is tricky business. The two obstruction-of-justice cases considered here may turn out to be what used to be called “sports,” i.e., cases where the Court used a mode of analysis that it abandons in future cases without explanation. Perhaps, though, these cases hold the promise of a new, more open frontier of judicial interpretation in the service of our self-governing spirit. One in which courts and the parties to litigation cooperatively seek to advance legislative purposes to better our society.

Part II traces the development of originalism, a textualist approach to legal interpretation arising …

Balancing Risks: The Mortgage Market's Response To Cannabis Industry Employment, Patrick Cothern

San Diego Law Review

A potential legal watershed formed in May 2024, as the Drug Enforcement Administration (DEA) proposed rescheduling cannabis. However, these efforts will likely prove insufficient to address the current and ongoing exclusion of those in the cannabis industry from accessing mortgage lending or participating in government-backed home loan programs (GHLPs), without which those in the industry are effectively denied the opportunity of homeownership. To promote the full inclusion of the cannabis industry in mortgage lending while preserving financial stability, a balancing adjustment must be made to the current mortgage regulation calculus.

While cannabis and access to mortgage lending have each been …

Public Surveillance And Human Rights: The Chilling Effect Of Surveillance Technologies And Legal Debates In Europe, Anna Calabrese

Graduate Research Conference (GSIS)

The rapid advancement and intense deployment of surveillance technologies pose a profound threat to fundamental human rights and render the balance between national security and rights and freedoms guarantees even more challenging. This paper interrogates the menace that digital tracking such as IMSI-catchers and other sophisticated tools represent to contemporary democracies with a specific focus on their potential to introduce a “chilling effect” to deter individuals in political and social communities from exercising their freedoms of speech, expression, association, thereby endangering the core values of all democracy. This analysis offers an overview of the state-of-the-art in Europe and highlights recent …