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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 …

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for aggravated assault, a third - degree felony, in the Second Judicial District, Weber County, the Honorable Joseph M. Bean presiding

WILLIAM M. HAINS, DEREK BROWN, MATTHEW EARL, Counsel for Appellee

High Hopes: Legal And Ethical Issues With Post-Trial Access To Psychedelic Drugs, Callie Terris, Emma Tumilty

Journal of Health Care Law and Policy

No abstract provided.

Growing Awareness To Reduce Labor Abuse: An Experimental Test Of A Migrant Domestic Workers' Rights-Awareness Campaign, Margaret Boittin, Cecilia Hyunjung Mo, Biz Herman, Sarah Rich-Zendel, Soosun You

All Papers

Migrant domestic workers (MDWs) are highly vulnerable to labor abuse. Using a survey and randomized controlled trial conducted in Hong Kong, this study investigates MDWs’ labor experiences and the potential of rights-awareness campaigns in mitigating labor abuse. The campaigns increased public awareness of MDWs’ rights and reduced the social acceptability of MDWs’ mistreatment. To the extent that improving knowledge about MDWs’ rights and decreasing acceptance of mistreatment affects the behaviors of employers and others who may have leverage to help MDWs, rights-awareness campaigns can help reduce labor abuse. However, the campaigns had limited impact on MDWs themselves, who demonstrated high …

The Effect Of Corona Pandemic On Crime Within The Family From The Researchers’ Point Of View In The Ministry Of Social Development In The Southern West Bank, Kifah Manasra, Muhammad Okkeh

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

The study aimed to identify the extent to which the family crimes in the Palestinian society are spread due to the Corona pandemic. It also aimed to reveal the psychological, economic and social effects of the Corona pandemic on the crimes within the family in the Palestinian society in the Southern West Bank. The researcher s used a questionnaire to collect the data and the descriptive approach to analyze it. The purposive sample consisted of (74) researchers from the total population which was (120) researchers from the Ministry of Social Development in the governorates of Hebron and Bethlehem in the …

Hell Comes With High Water: Hurricanes, Climate Change, And Louisiana's Dire Warning About The Erosion Of Our Speedy Trial Right, Robert F. Cerise

Duke Law Journal

The Sixth Amendment Speedy Trial Clause purportedly protects against undue delays in criminal cases. In order to obtain relief for a speedy trial violation, a defendant must show that a delay has lasted so long as to trigger the four-factor test in Barker v. Wingo (1972). Over time, however, states have codified procedural barriers to this speedy trial analysis. Simultaneously, courts have eroded Barker itself, namely by excusing “neutral” delays and by shifting the burden of proving prejudice resulting from such delays onto defendants. Louisiana is a particularly egregious example of these concerning trends, partly because hurricanes regularly disrupt the …

Transnational Corporate Law Litigation, William J. Moon

Duke Law Journal

For nearly half a century, a federal statute colloquially referred to as the Alien Tort Statute has served as a pivotal battleground over whether corporations violating law abroad can be subject to civil suits in the United States. The statute has been used to bring hundreds of lawsuits against corporations involved in some of the most heinous human rights abuses and environmental catastrophes taking place in foreign nations. Recent Supreme Court cases, however, have sounded the death knell for the viability of future cases by restricting the extraterritorial reach of federal statutes.

This Article presents a case for deterring corporate …

The Paradoxical Solution To Enforce Resale Royalties And Keep The Nft Market Decentralized, Katelyn Holcomb

Washington Journal of Law, Technology & Arts

This article examines the role of resale royalties in maintaining decentralization in the NFT ecosystem and supporting financial sustainability for artists. Although resale royalties, also known as creator royalties, are widely valued by NFT artists, they have been frequently undermined by the centralized policies of large NFT marketplaces. These include zero-royalty policies that are driven by the competitive pressure to gain market share, where platforms allow buyers and sellers to bypass creator royalties. This behavior has led to a destructive race to the bottom and the overall erosion of resale royalties. To address this problem in the NFT market, this …

Community Integration Of People With Disabilities A Quarter Century After Olmstead V. L.C., Michael Ashley Stein, Benjamin Barsky, Lisa I. Iezzoni

Faculty Scholarship

No abstract provided.

The Compact Clause And Cyberwar, Josie Laing

Washington Journal of Law, Technology & Arts

This article seeks to bring attention to the potential modern utility of Article 1, Section 10, Clause 3: the Compact Clause. This section of the Constitution has historically been archived. However, given cyberspace’s ever-growing prominence, the Compact Clause should be reconsidered as cyber warfare presents a novel opportunity for states to exercise their sovereign rights.

Section 10 restricts states’ powers to engage with foreign entities. Without the consent of Congress, states cannot enter into agreements with foreign powers or engage in war. These restrictions on states were necessary when the Constitution was drafted. To navigate foreign affairs nimbly, the United …

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable James D. Gardner, District Court No. 190902530

Russell A. Cline, Attorney for Appellee

Bruce M. Pritchett, Jonathan R. Rudd, Attorneys for Appellants

From Cypherpunks To Decentralized Finance: How Crypto-Anarchy Is Redefining Legal And Economic Systems, Alesia Zhuk

Markets, Globalization & Development Review

This article explores the evolution of crypto-anarchy, tracing its origins from the cypherpunk movement to the rise of decentralized finance (DeFi) and its transformative effects on legal and economic systems. Central to crypto-anarchy is the belief in individual empowerment through privacy, financial autonomy, and decentralization, which allows users to bypass traditional intermediaries like banks. While these technologies offer increased freedom and financial inclusion, they also introduce significant risks such as money laundering, tax evasion, and the facilitation of illegal activities, posing challenges to current regulatory frameworks. The article examines the socio-economic implications of decentralization, including both the democratization of finance …

Law School News: Community Building Third-Year Gina George Takes Helm Of Student Bar Association 01-06-2025, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Changemakers: Gina George: 3l: Community Building Third-Year Gina George Takes Helm Of Student Bar Association, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ndls Communicator: Week Of 01.06.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Knox Thames discusses his book, “Ending Persecution: Charting the Path to Global Religious Freedom”
• Notre Dame Law School hosts Symposium on the future of the Federal Trade Commission
• Faculty News and Briefs
• Roger Alford testified before the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights in a hearing about mergers' impact on consumers, antitrust policies in health care, big tech monopolies, and Amazon's labor practices.
• Emily Bremer was mentioned in an article in The Regulatory Review on the Chevron Supreme Court case, which highlights a Penn Program on Regulation panel she participated in last year, …

Episode 9: Update From The Sidelines, Sara Gras

Season 01

This episode provides an update on developments related to the inclusion of trans athletes in interscholastic sports, including the Second Circuit’s en banc decision in the Soule v. Connecticut case, the general Title IX Final Rule litigation, transvestigation during the Summer Olympics, and a recent Senate hearing on an entirely different subject that foreshadows what the next four years holds for trans athletes. My guest for this episode is one my research assistants, Emily Raedisch, a 2nd year law student at Seton Hall Law. She researched and wrote this episode. Court opinions and documents: Soule v. Connecticut Ass’n of Sch., …

Urban Security And The Crisis Of Values In A Risk Society: Elements For Reflection And Research, Bahamou Abdelilah, Abdelghani Chafik

Journal of Maya Heritage

Abstract: Urban security has become one of the most pressing challenges of the 21st century, shaped by the complexities of modern urban life. As cities grow and evolve, they face unprecedented security challenges that transcend traditional notions of crime prevention. These challenges encompass social, cultural, economic, and psychological dimensions, deeply intertwined with societal transformations.

In the context of what sociologist Ulrich Beck refers to as the "risk society," rapid globalization, technological advancement, and cultural diffusion have disrupted traditional social values. This disruption has created environments of uncertainty and fear, where mutual trust and social cohesion are eroded. As Émile Durkheim …

The Need For Antiracist Education Amid Trends Toward Totalitarianism And A Constitutional Crisis, Julnasha Morehead

DePaul Journal for Social Justice

No abstract provided.

The Case For Prison Education Reform, Natasha Yousefi

DePaul Journal for Social Justice

No abstract provided.

Are Social Rights Really Unachievable? Rethinking Social Rights Advancement Through Court-Triggered Institutional Innovations, Maria Emilia Mamberti

DePaul Journal for Social Justice

No abstract provided.

Accelerating Biosimilar Market Access: The Case For Allowing Earlier Standing, S. Sean Tu, Rachel Goode, Matthew Turner, Victor Van De Wiele

Law Faculty Scholarship

Biosimilars, which are affordable alternatives to biologic medicines, face delays in market entry due to the current patent litigation framework under the Biologic Price Competition and Innovation Act. Currently, biosimilar manufacturers can only initiate patent litigation to attempt to clear weak and invalid patents after submitting their Biologic License Application to the Food and Drug Administration (FDA), which happens after completing extensive, and costly clinical trials. By contrast, generic drug manufacturers can start litigation earlier due to shorter development times and less stringent clinical requirements, allowing them to launch immediately after the primary patent expires. We propose allowing biosimilars to …

The Role Of The Voluntary Carbon Market In Scaling Impact Globally - An Analysis Of Recent Trends, Varnika Chawla Ms., Divya Sethuraman Ms., Tarun Ashok Mr., Jason Kitts Mr.

National Law School Business Law Review

Interest in the Voluntary Carbon Market (‘VCM’) has grown considerably from participants ranging from private organizations to international corporations and regulatory bodies. Unprecedented anthropogenic climate change has led governments around the world towards action to limit global warming by setting net zero targets and taking steps towards carbon reduction, including through the purchase of carbon credits.In this paper, we provide a high-level overview of the different nature of carbon markets–compliance versus voluntary. After this differentiation, we focus our discussions on the VCM solely. In Part I, we set the scene and provide a background of developments across the Global North …

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Judicial Review Of Settlements Under The Class Action Fairness Act And Deference Due To The Department Of Justice And State Attorneys General, Michael E. Solimine, Hailey Martin

Faculty Articles and Other Publications

The Class Action Fairness Act of 2005 (CAFA) made it easier to remove consumer class actions from state to federal court, and among other things regulates the procedure of federal court approval of settlements of those cases. CAFA requires that before any court approval or disapproval, the parties must notify the Attorney General of the United States, and the attorneys general of states where members of the class live, of the pending settlement in order to receive any objections or other input. While such notice is frequently sent, since most class action cases settle out of court, it appears that …

Interference With The Democratic Process As Public Nuisance, Richard C. Boldt, Donald G. Gifford

Faculty Scholarship

This Article argues that the tort of public nuisance provides a vehicle for holding accountable those engaged in antidemocratic conduct. Recent history suggests that neither the criminal justice system nor Constitutional checks and balances are always up to the task. Following the 2020 election, some supporters of President Trump stormed the Capitol to prevent the counting of the electoral votes, tampered with election machines, and intimidated election workers and voters. Depending on the results of the 2024 election, criminal charges against Trump and some of his followers may be dismissed. The Senate failed to convict the President on articles of …

Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie

Colorado Environmental Law Journal

No abstract provided.

Blue Brief 2024-2025, University Of San Diego School Of Law

Blue Brief

A USD School of Law faculty review of selected rulings from the most recent Term of the United States Supreme Court.

Injunctive Restraint, Cassandra Burke Robertson

Faculty Publications

Preliminary injunctions against government action have evolved from extraordinary remedies into routine instruments of political contestation, with both Republican and Democratic administrations finding their initiatives halted by nationwide judicial orders. These injunctions serve vital functions in our constitutional system—preventing irreparable harm to fundamental rights and providing necessary checks on executive power in an era of congressional gridlock. Yet their increasing use has generated legitimate institutional concerns, particularly when a single district judge, often selected through strategic forum shopping, can unilaterally suspend national policies of significant importance. This Article examines this tension between the necessary role of nationwide injunctions in protecting …

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.