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Tribal Eminent Domain: Sovereignty Gaps And Policy Solutions, John Beaty

New Mexico Law Review

This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States’ executive, legislative, and judicial branches have eaten away at the fabric of tribal sovereign powers. Currently, the scope of tribal sovereign authority is unclear with regards to eminent domain, the practice of a sovereign taking private property for public use. Eminent domain is important to many tribal governmental interests, including infrastructure development and fighting the fractionation of land interests. Although eminent …

Should Tort Law Care About Police Officers?, Ellen M. Bublick, Jane R. Bambauer

UF Law Faculty Publications

Should police officers be able to file tort lawsuits for injuries that they suffer while on duty? In this article, written in response to Professor Sarah L. Swan's The Plaintiff Police, Professors Ellen M. Bublick and Jane R. Bambauer contend that racial equality is not served by complete immunities for civilian misconduct any more than “law and order” is served by complete immunities for police officers who abuse their power. Rather, they argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including people wrongfully injured while employed as police …

Actualizing Indigenous Data Sovereignty Through Tribal Self-Governance, Bailey Ulbricht

New Mexico Law Review

Data, as described by a Yurok Tribe council member, is “the original theft”—the first thing stolen from Native peoples in the United States. Indigenous data sovereignty seeks to redress this and prevent future data infractions by placing Indigenous communities in charge of decision-making about their own data. Yet with no established body of federal case law on tribal data authority, it is not immediately clear how Indigenous data sovereignty would fit within the complex and contradictory web of federal caselaw that confines tribes’ inherent sovereignty. This Article seeks to address this gap. First, as a policy matter, it argues that …

Buy Now, Pay Dearly Later?: Minimizing Consumer Harm Under New Mexico’S Small Loan Regulations, Laura Creech

New Mexico Law Review

American consumers are carrying record-breaking credit card debt. As prices remain high and wages remain stagnant, short-term borrowing is common practice for many and unavoidable for some. Meanwhile, borrowing has never been easier. Several years ago, few consumers could imagine the widespread availability of “zero-interest, no-credit-impact” lending. Now, consumers can quickly obtain these pay-in-four “Buy Now, Pay Later” (BNPL) loans to purchase just about anything. The BNPL companies offering these loans market themselves as the smart shopping credit alternative for responsible budget management, and Millennial and Generation Z shoppers have rapidly embraced this new lending option. Yet, BNPL companies insufficiently …

Incentivizing Diversion, Christina E. Miller

New Mexico Law Review

No abstract provided.

A New Way For Justice For Families Of Schoolchildren With Disabilities? A Case Note On Luna Perez V. Sturgis Public Schools, Kevin R. Hart

New Mexico Law Review

For years, the majority of courts have ruled that parents of children with disabilities were required to exhaust special education due process procedures before filing civil actions under other disability statutes. Change would come through Luna Perez v. Sturgis Public Schools. In Luna Perez, a deaf student, Miguel Luna Perez, was denied a free and appropriate education for eleven years. After settling the case under the Individuals with Disabilities Education Act (IDEA), Mr. Luna Perez (initially through his mother, but later continuing on his own) filed a claim for compensatory damages under the Americans with Disabilities Act (ADA) and Section …

Landlord Licensure: A Pathway To Improved Rental Housing In New Mexico, Stefanie N. Jock

New Mexico Law Review

Over a thousand different professions throughout the United States are subject to occupational regulations for the purpose of protecting public health, safety, and welfare. Yet, few professions are as crucial to public health, safety and welfare as the business that controls access to rental housing. The availability of rental housing is critical to the people of New Mexico due to the state’s high percentage of low-income households and the shortage of affordable housing units available in recent years. Thus, low-income renters in New Mexico are often left dealing with substandard housing conditions or paying a significant portion of their income …

How Regulators Can Use Ai, John J. Nay, Troy A. Paredes

Vanderbilt Law Review En Banc

No abstract provided.

Let's Chat About Chatgpt: A Practical Guide To Risks In Attorney Use Of Generative Ai, Hon. John G. Browning

Akron Law Review

The rapid rise of generative AI tools like ChatGPT in the legal profession has sparked significant ethical and regulatory challenges after a federal judge sanctioned attorneys for citing non-existent cases generated by AI. This incident led to widespread judicial mandates requiring disclosure of AI use and prompted bar associations and ethics committees to address AI’s implications for legal practice. Despite AI’s potential to automate up to 44% of legal tasks, concerns about accuracy and ethical obligations persist. This article argues that the issue lies not with the technology itself but with lawyers neglecting duties of competence and supervision. As generative …

French Connection: Expanding Legal Protections For Fashion Design In The United States, Mairead Rose Tuttle

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Human Trafficking In The Digital Era: Freedom Of Speech Versus Freedom From Exploitation, Hannah Katz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Comparative Analysis Of Esg Reporting In Nigeria And Other African Countries, Victoria Agbakwuru

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Standing To Enforce The Future: Citizen Suits And Climate Change, Jordan Budd, Margaret Sova Mccabe

Law Faculty Scholarship

This Article takes as its starting point the premise that Congress, facing an existential climate catastrophe, might choose to impose direct and significant restrictions on greenhouse gas (GHG) emissions. Were it to do so, federal policy would require powerful enforcement mechanisms to reach the myriad emission sources fueling the nation’s vast contribution to global warming.

Among the most potent and far-reaching enforcement tools available to Congress are citizen suits—actions brought by private litigants to enforce federal regulations and to hold agencies accountable for related inaction. Private enforcement in the context of climate change, however, faces a nearly insurmountable barrier—Article III …

From High Hopes To Hesitation: What Rfk Jr.’S Senate Confirmation Hearings Say About His Current Stance On Marijuana Reform, Andrew Greenberg

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

Recently, Robert F. Kennedy (“RFK”) Jr.’s nomination for secretary of the Department of Health and Human Services (“HHS”) was confirmed by the Senate, and he will soon become the leader of America’s largest health agency.  While some of his controversial claims include his “refusal to embrace science that shows vaccines do not cause autism” and “denials of the efficacy of vaccines” in general, he has also advocated for the federal decriminalization of marijuana.  However, his more recent declarations and the government forces at play mean this decriminalization will not likely come to fruition.

This post was originally published on the …

Researching The U.S. Senate Presidential Nominee Confirmation Process, Bert Chapman

Libraries Faculty and Staff Presentations

The beginning of 2025 has seen renewed public attention and emphasis on the constitutionally mandated U.S. Senate confirmation process. This stems from the beginning of the second Trump Administration as its nominees navigate this process. The presentation provides historical background on this process, demonstrates what nominees, Senate oversight committees, and the full Senate in administering this process and enables readers to find out how to access information resources documenting this process. The confirmation process continues throughout presidential administrations and may involve little public attention and controversy or acute public attention and controversy. The contrasting 2025 confirmation experiences of Secretary of …

Neurocriminology: A Beginner’S Guide, Jerrod Brown

Forensic Scholars Today

No abstract provided.

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Beyond Congestion Pricing, Gregory H. Shill

Journal of Law and Mobility

After years of political and legal efforts to block it, congestion pricing finally went into effect in New York City in January 2025. Early indications are positive, though threats to its continuation from the Trump administration and others remain. But its journey to this point has already made one thing clear: it is time for the Big Apple to seize more of its own destiny in transportation policy.

The battles that delayed and still imperil the Metropolitan Transportation Authority’s congestion pricing scheme underscore the need for policies that New York City can implement unilaterally. Making urban transportation policy in the …

From Bots To Ballots: Democratic Integrity In The Era Of Digital Manipulation, Dalit Ken-Dror Feldman, Yifat Nahmias

Minnesota Journal of Law, Science & Technology

No abstract provided.

Let’S Be Cool About It: Anticipating Proper, Whole-Human Cryopreservation And The Necessary Oversight For Adequate Consumer Protection, Peter Lyon

Minnesota Journal of Law, Science & Technology

No abstract provided.

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

My Father Survived The Holocaust. Censorship Didn’T Stop The Nazis, It Helped Them, Nadine Strossen

Other Publications

No abstract provided.

Mmu: 02/24/25–03/02/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

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Ethical Considerations Of Commercial Utilization Of Consumer Health Data To Build Valuable Intellectual Property, Jen Neal

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Notre Dame Law Review Reflection

Public international law primarily deals with the legal rights and duties of nations. But there is another body of international law—private international law—that seeks to coordinate private legal rights and duties in cases that straddle national borders or involve citizens of different countries.

This law has a long history. But it really took off with the expansion of travel, communication, and trade in the nineteenth century. And American courts played an outsized role in its development. Because the constituent states of the United States were, in large part, understood as retaining the sovereignty of nations, American courts took private …

Registration As Consent: Patching Jarkesy's Hole In Sec Enforcement, Alexander I. Platt

Notre Dame Law Review Reflection

In SEC v. Jarkesy, the Supreme Court held that whenever the SEC seeks to impose monetary penalties on enforcement targets for securities fraud, it must proceed in federal court and not its own administrative forum. Many observers predict this will significantly impact SEC enforcement.

But not necessarily. A simple legal patch might repair the hole Jarkesy opened up: parties who register with the SEC may thereby consent to its administrative jurisdiction. (Because Jarkesy and the funds he managed were not registered, his case did not resolve the issue.)

This Essay shows how registration may constitute consent to SEC administrative …

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)

Plight Of The American Innovator, David R. Soucy

Chicago-Kent Journal of Intellectual Property

The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …

Navigating Sovereignty And Global Economic Norms: Balancing Imf And World Bank Adjustment Policies With Developmental Realities, Michael Dudzinski

San Diego International Law Journal

The Structural Adjustment Programs (SAPs) administered by the International Monetary Fund and the World Bank aim to foster economic stability, growth, and poverty reduction in developing countries. However, the varied outcomes of these programs underscore the challenges of applying standardized economic reforms across diverse geopolitical landscapes. This analysis calls for a paradigm shift towards more tailored, context-sensitive approaches that recognize the unique circumstances of each recipient country. By prioritizing flexibility and local engagement, SAPs can better support sustainable development and economic stability, aligning international financial policies with the complex realities of global economic diversity.