Digital Commons Network^™

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

Enhancing Citizen Capacity Through Optimising Village-Owned Enterprises (Bumdes) Role In Strengthening Community Participation For Sustainable Development, Supandi Supandi, Saliman Saliman

Jurnal Civics: Media Kajian Kewarganegaraan

Sustainable development at the local level necessitates active community participation, bolstered by educational innovation and the optimisation of empowering institutions such as Village-Owned Enterprises (BUMDes). This research investigates the impact of the Social Studies Outdoor Laboratory and BUMDes on development in the Bokoharjo, Prambanan, Sleman Regency. Specifically, the study examines three key areas: (1) the influence of the Social Studies Outdoor Laboratory on development, (2) the role of BUMDes in facilitating development, and (3) the collaborative effect between the Social Studies Outdoor Laboratory and BUMDes on regional growth. A quantitative approach was employed, sampling nine individuals from Bokoharjo Village from …

Massachusetts Community Mediation Center Grant Program Fiscal Year 2024 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

In FY2024, the Commonwealth allocated $3,213,465 to the CMC Grant Program, supplemented by $149,674 carried over from FY2023, for a total of $3,363,139. Of the total funding, $2,542,100 (76%) was awarded to Centers in grants and technical assistance, with Centers leveraging these funds to secure an additional $2,199,813 from private foundations and other state, local, and federal sponsors. These grants supported Centers’ participation in CMC Grant Program related statewide programs, including the Housing Mediation Program (HMP), Reentry Mediation Program (ReMAp), Youth Conflict Resolution and Restorative Practices Program (Youth Program), and DEI organizational capacity-building initiatives. These grants bolstered staffing infrastructure, enabling …

Lawful And Helpful: Culley V. Marshall And The Question Of Sufficient Due Process In Civil Asset Forfeiture Proceedings, Wesley Vorberger

Liberty University Law Review

Civil asset forfeiture is commonplace in America, with ultimately billions of dollars seized by law enforcement annually. In Alabama, two distinct “innocent owners” challenged the constitutionality of the state’s civil asset forfeiture statutory scheme when their respective vehicles were seized. As the cases made their way through the federal courts, they were consolidated on appeal and ultimately brought before the U.S. Supreme Court. The consolidated case, Culley v. Marshall, specifically raised the narrow question of whether due process required a civil asset forfeiture action to hold a preliminary hearing at the threshold of the matter, akin to criminal proceedings. …

City Of Grants Pass V. Johnson: The Limits Of The Eighth Amendment’S Cruel And Unusual Punishments Clause, Erik W. Stanley

Liberty University Law Review

The case of City of Grants Pass v. Johnson arose against the backdrop of a rising homeless population not seen before and the struggles cities faced with addressing this rise in homelessness and the proliferation of homeless encampments in urban areas. The case presented the question whether the City of Grants Pass ordinances that prohibited the homeless from sleeping or camping outside constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Both the District Court and the Ninth Circuit Court of Appeals held that it did. The United States Supreme Court reversed, finding that the …

Who Can Stand? Murthy V. Missouri And Social Media Censorship, Natalie C. Rhoads

Liberty University Law Review

As the influence of social media proliferates, two things increase accordingly: government attempts to control it and the law’s attempt to provide a coherent framework. There are ongoing conversations both within and without the legal community about the extent to which individuals have a right against the social media companies to create or consume content. But the Court in Murthy v. Missouri had a chance to sidestep those questions and address whether individuals have a right against the government to curb its influence on those companies. This issue has the potential to be one of the most significant questions in …

The Modern-Day Green Book: How Discrimination Testers Under Title Iii Of The Ada Stand At The Intersection Of Justice And Jurisdiction To Light The Journey Ahead For Travelers With Disabilities And America Itself, Tory L. Lucas

Liberty University Law Review

For people with various types of disabilities, traveling throughout America is no easy task. Before embarking on a journey, they must ensure that they can find suitable lodging along the way that does not have impassible barriers that exclude them. Deborah Laufer is a discrimination tester with disabilities who ensures that places of public accommodation do not violate Title III of the Americans with Disabilities Act (ADA) or the Reservation Rule promulgated by the Civil Rights Division of the U.S. Department of Justice (DOJ). She has filed hundreds of federal civil rights lawsuits against hotels for not providing information on …

Fixing The Last Frontier: How Law And Policy Governing Commercial Fishing Have Failed Alaska’S Environment And Economy, Andrew Ilemsky

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Read The Sign: The Equal Protection Clause Does Not Require Gender-Affirming Bathroom Access In Schools, Stephen J. Nast

Liberty University Law Review

For thousands of years, bathrooms have been separated by sex—male and female. In fact, for most of human history, there has been a universal understanding that only male and female sexes existed. It was not until the twentieth century that the notion that there could be more than two sexes was popularized and the term “transgender” was introduced to society. By the mid-2010s, the idea that bathrooms should be separated by male and female began to receive opposition. As explored throughout this Comment, children identifying as transgender have filed lawsuits against school boards that did not permit children to use …

Brief Of Criminal Law Professors Andrea Roth And J.D. King As Amici Curiae In Support Of Petitioner, Lesh V. United States, U.S. Supreme Court Docket No. 24-654, David B. Owens

Court Briefs

QUESTION PRESENTED

Article III of the Constitution provides that “[t]he Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” And the Sixth Amendment provides that “[i]n all criminal prosecutions,” the accused shall enjoy the right to trial by jury.

The question presented is: Whether the Constitution’s dual guarantee of trial by jury contains an unstated exception for “petty” offenses.

Federal Communications Commission V. Consumers' Research: Brief Of Julian Davis Mortenson And Nicholas Bagley As Amici Curiae In Support Of Petitioners, Julian Mortenson, Nicholas Bagley

Appellate Briefs

Julian Davis Mortenson and Nicholas Bagley are professors at the University of Michigan Law School. Mortenson is a specialist on the history of executive authority and the separation of powers. Bagley is a leading scholar in administrative law. They are the co-authors of Delegation at the Founding, 121 Colum. L. Rev. 277 (2021), a leading article examining Founding- era constitutional principles regarding legislative delegations of authority, and Delegation at the Founding: A Response to the Critics, 122 Colum. L. Rev. 2323 (2022).

Law Enforcement In Kentucky Schools - Student Interactions And Current Practices, Lee Ann Morrison

Online Theses and Dissertations

This mixed-methods study investigates the role of school resource officers (SROs) in Kentucky and describes their interactions with students. This study aimed to provide a comprehensive understanding of how SROs interact with students and the implications of those interactions. The quantitative phase of the research involved a secondary analysis of student behavior violation data and the reported outcomes for students. Data indicated that student interaction with SROs did not lead to a significant student arrest rate. In the qualitative phase of the study, a focus group was conducted with school resource officers to explore their daily interactions with students. Qualitative …

The False Promise Of Rescheduling, Robert A. Mikos

Tulsa Law Review

No abstract provided.

Child Marriage In Tanzania: Loopholes, Duct Tape, And Lesser Evils, Sheryl L. Buske

Tulsa Law Review

No abstract provided.

The Next Public Health Frontier With Indoor Air Quality, Lynette B. Martins

Tulsa Law Review

No abstract provided.

January 15, 2025 — Welcome Letter To Members Of The 119th Congress, American Dental Association

Advocacy in Action letters

No abstract provided.

"A Rose By Any Other Name Would Smell As Sweet": Economics And Consumer (I.E., Client) Benefit From Keyword Bidding On Competitor Names Among Law Firms, Angel Reyes Iii

Tulsa Law Review

No abstract provided.

Mugshots In Oklahoma: Stigmatizing Native American Individuals And Communities, Karly L. Fisher

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Symposium Foreward, Stephen Galoob

Tulsa Law Review

No abstract provided.

The Next Wave Of Legal Drug Production: What The Psychedelics Legalization Movement Can Learn From A Decade Of Cannabis Regulation, Ryan Stoa

Tulsa Law Review

No abstract provided.

Cannabis Law Practice: Lessons For The Legal Profession In The Twenty-First Century, Eli Wald

Tulsa Law Review

No abstract provided.

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH THE HON. KEITH KELLY, CIVIL NO. 210904102

Lance Bastian, Kristina Ruedas, Aaron Cunningham, Attorneys for Defendants/Appellees

Sarah Elizabeth Spencer, Jeffrey B. Teichert, Attorneys for Plaintiffs/Appellants

The Dim Prospects Of A Child Find: Journal Entries Of An Academic, Engineer, And Mother Navigating Special Education Services, Idalis Villanueva Alarcon

Journal of Pre-College Engineering Education Research (J-PEER)

This provocation is a journaling exercise to uncover the author’s experiences of navigating child find, a process to identify specific learning disability needs for my oldest child. While the Individuals with Disabilities Education Act provides provisions to protect and support children with special needs, private schools do not operate equally. When considering how these inequities in the educational system overlap with precollege engineering education, there is a large gap the literature, positioning a dire need to move disability studies into the precollege engineering education space. The critical authoethnographic journal sheds light on the inequities and educational gaps that are present …

Fruit Street Health, P.B.C., V. Sharecare, Inc., Order On Motion For Reconsideration, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Vol. 68, No. 01 (January 13, 2025)

Indiana Law Annotated

No abstract provided.

Mmu: 01/13/25–01/19/25, Student Bar Association

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First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims, Paul Stanton Kibel, L. Victoria Wang

American Indian Law Journal

Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019 decision in Baley v. United States the federal circuit court of appeals held that minimum instream flows under the ESA were needed to fulfill American Indian tribal fishery rights, and these rights carried a priority date of “time immemorial” that was senior to any …