Digital Commons Network^™

The Impact Of Veterinary Stewardship Program Implementations On Backyard Chicken Farming In Rural Georgia, Lauren Ashley Herrin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Lauren Ashley Herrin examines the impacts of new FDA veterinary stewardship regulations on backyard chicken farming in rural Georgia. She explains that requiring prescriptions for previously over-the-counter antibiotics disproportionately harms low-income and rural communities by limiting access to affordable veterinary care, worsening risks of disease spread and public health threats. Herrin argues for policy approaches that balance antimicrobial resistance concerns with the realities of rural accessibility. She proposes solutions such as telehealth veterinary consultations, scholarship programs to encourage rural veterinary practice, and expanding prescriptive authority for veterinary technicians to ensure sustainable animal health care in underserved areas

When Breathing Becomes Wheezing: Why Kentucky Should Require Schools To Conduct Radon Testing, Abbey Norvell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Abbey Norvell analyzes the dangers of radon exposure in Kentucky schools, highlighting the state’s nation-leading lung cancer rates and the heightened risks for children. She explains that Kentucky has no law requiring schools to test for or mitigate radon levels, leaving students vulnerable. Norvell argues for mandatory radon testing and remediation in Kentucky schools. She proposes legislation modeled on other states requiring testing in both public and private schools within five years, and remediation within two years if levels exceed EPA standards.

Pesticide Lies! A Call For Epa Action As Recent Judicial Decisions Reveal The Harmful Truth Resulting From Exposure, Stevi Whitman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Stevi Whitman analyzes the dangers of weak pesticide regulation in the United States. Whitman explains that the EPA’s reliance on the vague “unreasonable adverse effects” standard under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allows harmful products like Roundup to remain on the market despite strong evidence of health risks. Whitman argues for strengthening U.S. pesticide laws to match the European Union’s stricter safety threshold. She proposes amending FIFRA to require proactive bans on hazardous pesticides and greater accountability from manufacturers to better protect public health and the environment.

Work And Human Vocation In Catholic Social Teaching, Stefan M. Mcdaniel

Saint Louis University Law Journal

This essay explores Catholic social teaching on work, focusing on how labor should enable humans to fulfill their vocation through experiences of dominion and communion. Drawing from papal encyclicals and theological anthropology, it examines how work becomes a means for humans to exercise their God-like faculties by intelligently shaping creation (dominion) and building rich relationships (communion). The essay argues that Catholic teaching offers distinctive contributions to contemporary workplace justice movements through its emphasis on two priorities: promoting worker-ownership and supporting family life. Worker-ownership, especially through cooperatives, enables labor to become an exercise of dominion, while family-centered policies make work a …

What Rerum Novarum Did And Did Not Do For The American Labor Movement, 1891-1935, Janine Giordano Drake

Saint Louis University Law Journal

The papal encyclical Rerum Novarum (1891), a statement which defended workers’ human rights, has been celebrated by both leftwing and rightwing Christians as a central document in the history of the Church. To trade union leaders of the late nineteenth and twentieth centuries, it was a powerful tool for reminding workers that the Holy Father supported fair wages and healthy working conditions for all God’s people. Just the same, for business leaders of the several Red Scares (especially 1917-1920 and 1945-1955), it became a powerful tool in discrediting socialist demands as both “materialistic” and “atheistic.” This piece illustrates that while …

Cultivating Thoughtful Dialogue, Shared Humanity, And Emotional Intelligence In Client Counseling Courses, Jacki J. Langum

Saint Louis University Law Journal

Historically, client counseling courses in law schools across the country omitted concepts fundamental to a successful attorney-client relationship–thoughtful dialogue, shared humanity, and emotional intelligence. Psychology and the practice of law, including the omitted concepts, are now being integrated into more courses each semester. The essay demonstrates how I integrate them into my own course and work alongside students to help them practice those concepts and the most important skill of active listening. The students’ practice requires thoughtful work around self-awareness, bias, power, and money–topics often neglected because of the discomfort involved in their contemplation and reflection. The earlier students are …

Teaching Client Counseling In The Shadow Of Homelessness, Gregory M. Zlotnick

Saint Louis University Law Journal

Working with clients at risk of, or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity—with its capacities and limitations—and critical counseling skills.

This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of, or experiencing, homelessness. After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling sessions, …

The Wages Of Constitutional Interpretation, Francesca Procaccini

Saint Louis University Law Journal

The future of constitutional interpretation is a dynamic amalgam of knowns and unknowns. This article explores three. First, an unknown known: the Court’s embrace of formal equality methodologies, more than originalist methodologies, is driving current conservative changes in constitutional law and ushering in a stale and acontextual bent to constitutional rights. Second, another unknown known: both the Court’s equality and originalist methodologies serve to jettison the longstanding and widespread use of intermediate scrutiny and thereby push the level of protection for rights to the extremes. Finally, a known unknown: the Court’s embrace of hyper-formal equality and originalist rules transfers hegemonic …

Originalism And The Chronological Separation Of Powers, Daniel Kiel

Saint Louis University Law Journal

Inspired by the 2024 Childress Lecture, this essay considers originalism in two distinct guises: first, as a method of constitutional interpretation and then, as a politically-coded signal used to ensure predictability of judicial behavior. Regarding interpretation, the essay critiques originalism and its claim as a determinative source of constitutional understanding as a violation of the oft-overlooked chronological separation of powers embedded in the Constitution. Though originalism is often styled as a way of checking the power of judges, it threatens to impose a tyranny of the past that runs counter to a constitutional structure built upon the diffusion of power. …

“They Told Us We Were Safe”: An Analysis Of The Constitutionality Of Missouri’S Ban On Gender-Affirming Healthcare For Medicaid Recipients, Tory Davidson

Saint Louis University Law Journal

The current state of gender-affirming care in the United States hangs in a precarious balance. Though the medical community seems to agree that such care is critical in at least some cases, citizens’ perceptions of that necessity are far from unified. As of this publication, at least one case involving a state-sponsored ban on gender-affirming care for minors, United States v. Skrmetti, is pending before the United States Supreme Court. The arguments in that case have centered on whether denying hormonal treatments inconsistent with a child’s assigned sex, when the same treatments may be prescribed when consistent with a …

Beyond Hysteria: Prosecuting Women For Abortion Is More Likely Now Than Before Roe, Alison Mccarthy

Saint Louis University Law Journal

When Dobbs v. Jackson Women’s Health first overturned long-standing precedent protecting a woman's fundamental right to abortion, pro-choice leaders issued warnings about the possibility of prosecuting women for abortions. These concerns were dismissed as hysterical or as political theatrics because, in the past, women were rarely prosecuted for their own abortions. This note analyzes the history of illegal abortion before the Supreme Court’s ruling in Roe v. Wade to demonstrate that women were targeted, used as leverage against abortion providers, and sometimes arrested for their roles in the procedure. Further, this note argues that nationwide panic over gender roles, increasing …

Prosecuting Transnational Disinformation, Abdul Mahir Hazim

Saint Louis University Law Journal

Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative artificial intelligence further …

The Techcons, Chris Jay Hoofnagle

Loyola Consumer Law Review

Selling sometimes involves trickery. How should we decide what trickery is "swindling" versus ordinary "selling"? One method is elucidated in Yale Law Professor Arthur Leff's curious, lost-to-history book. In "Swindling and Selling: The Story of Legal and Illegal Congames", Leff showed how market structure is a powerful factor for distinguishing illegal confidence games ("congames") what he called "swindling" from legal "selling." Leff demonstrated how con artists weave narratives to convince marks they have a monopoly over some desirable asset. Con artists then manipulate marks to mistakenly believe they possess a monopsony over its capture.

This essay revisits Leff's mostly forgotten …

Big Tech And Consumer Payments: The Good, The Bad, And The Unintended Consequences, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.

The Generation Of Maladies: The U.S. Tech Giants, David Vladeck

Loyola Consumer Law Review

No abstract provided.

Strengthening The Right To Accessible Web Sites For Consumers With Disabilities Through The Development Of A Clear Test For The Nexus Rule Under Title Iii Of The Americans With Disabilities Act, Jonathan Lazar

Loyola Consumer Law Review

Currently, most of the U.S. Federal disability rights laws expressly require accessible websites for people with disabilities, either in the statute or the regulation. There is one major exception: for websites of public accommodations under Title III of the Americans with Disabilities Act, the scope of accessibility coverage is determined by a combination of case law and agency interpretations, rather than expressly in the statute or regulations. To make it more complex, there is a three-way circuit split as to whether websites of public accommodations covered under Title III are required to have accessible websites. The predominant view in the …

Flexibility And Resilience Are Essential Legal Skills, Margie Alsbrook

Articles

The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just positive personality traits but essential legal skills that should be intentionally cultivated in law school curricula. By integrating adaptability into legal education—through emphasizing the evolving nature of law, incorporating interdisciplinary approaches, reshaping assessments, and fostering collaborative learning—law schools can better equip students to navigate an unpredictable future. Encouraging law students to embrace flexibility and resilience as a professional skill will not only enhance their long-term success but also …

Doge's Matrix Structure And Presidential Power, Jason Marisam

Faculty Scholarship

At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White House entity tasked with reshaping the federal bureaucracy. Far more than a traditional advisory commission, DOGE employed a matrix structure that embedded staff across executive agencies, establishing dual reporting lines to both agency heads and the White House. This essay argues that DOGE’s organizational design represents a structural innovation in presidential control and an evolution of the longstanding “czar” model. Drawing on organizational and principal-agent theories, the essay explores how the matrix structure enhanced the President’s capacity to monitor agency behavior, …

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Emory Law Journal

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform and reshape art and science, the way the internet transformed global communication. Either way, these …

The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber

Case Western Reserve Law Review

No abstract provided.

Agencies, Appropriations, And Abortions: The Use Of Federal Funds In The Post-Dobbs World, Nathaniel Gray Sommers

Case Western Reserve Law Review

No abstract provided.

Under The Influence: Duties, Deception, Disclosures, And Due Diligence Of Social Media Influencers, Arianna Kiaei

Washington and Lee Law Review

The encroachment of social media into the daily lives of society reflects a major shift in consumer behavior. As social media moves from providing platforms of narrow connectivity among friends and family to social connection beyond one’s personal network, novel channels are being formed for consumers to absorb and share information. It opens opportunity for corporations to market their products beyond traditional methods and establishes the “influencer” sharing personal thoughts and recommendations on such products.

Social media’s immense purchasing power has a direct effect on the decision-making processes of individuals and the profit margins of corporations, and thus, the capacity …

State Recalcitrance Strategies For Resisting The Federal Government, Travis L. Letellier

South Dakota Law Review

States resist federal encroachments on their sovereignty. This recalcitrance has been buoyed by the renewed federalism jurisprudence of the Rehnquist and Roberts Courts. Research into state sovereignty typically arranges recalcitrance actions by the policy issue under discussion. This article takes a novel approach and instead evaluates state recalcitrance according to common strategies employed by political actors across the political spectrum. State recalcitrance strategies are categorized into four menu options: (1) Ignore It Exists, (2) Sanctuary Jurisdictions, (3) Pick a Fight, and (4) Political Posturing. The article recognizes these strategies are not mutually exclusive and concludes that the proposed menu of …

Does The 25th Amendment Merit Reform?: The Challenge Of Determining Presidential Disability, Karena R. Andreassen

Honors Theses

This research project examines the persistent lack of use of the 25th Amendment to the United States Constitution in its original form, despite many calls for the reform of the language or expansion of its application as situations unfold. Adopted in 1967, the amendment was created to address the challenges of presidential succession and incapacity. However, historical events over the last few decades, such as the assassination attempt on Ronald Reagan, Reagan’s colon cancer, and the general increase in the age at which presidents assume office, have contributed to scrutiny over the amendments’ provisions. This study will explore why specifically …

Space Agriculture, Biotechnology, And Terraforming: Rethinking The Paradigm Of Harmful Contamination, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

As humanity transitions from sporadic exploratory space missions to permanent settlements on celestial bodies (like the Moon or Mars), agriculture biotechnology, and, potentially, terraforming projects will be essential for establishing self-sustaining settlements.

These activities raise critical issues concerning the interpretation of the principle of harmful contamination under Article IX of the Outer Space Treaty (OST) and its implementation through the Committee on Space Research’s Policy on Planetary Protection (COSPAR Policy) referred together in this article as the “Planetary Protection Framework,” which is primarily oriented toward exploration with scientific integrity rather than permanent habitation.

The challenge lies in the fact that …

Institutionalized Ostracism, Danieli Evans

Michigan Journal of Race and Law

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Police Gatekeeping, Emily M. Poor

Michigan Journal of Race and Law

The role of policing in American society is more pervasive (and less visible) than many acknowledge. Police do not just patrol, arrest, and keep peace – they also gatekeep. Many and varied ostensibly non-criminal processes rely on police fact-finding to adjudicate claims, establish eligibility for resources, and take adverse action against individuals. This Article examines the phenomenon of police gatekeeping, both as a practical barrier to resources and remedies and as a hegemonic mechanism to construct the social conception of truth.

Recognizing the ways in which civil society relies upon police as gatekeepers of both practical resources and the social …

A Constitutional View Of Administrative Agencies, Anthony J. Diego

Honors Undergraduate Theses

This research focuses on a nuanced area of American law and history: the constitutionality of administrative agencies. Determining their constitutionality requires a sound and fundamental understanding of administrative agencies’ history and purpose, as well as applicable constitutional principles. Reliance on core legal and historical documents founding the United States, as well as existing literature analyzing them, is essential to this determination. Administrative agencies have existed within the United States government since the Founding, though not without scrutiny and exception to government operations. Recently, Supreme Court precedent dramatically changed agency operative functions, making it now an opportune time to analyze the …

Crisis, Controversy, And Credibility: Rhetorical Appeals In Governor Desantis’ State Of The State Addresses, Victoria E. Laird

Honors Undergraduate Theses

This paper examines how Governor DeSantis has used rhetoric to advance his political identity and policy during the Florida legislative sessions from 2019 to 2025. Using rhetorical analysis, the study identifies linguistic techniques and persuasive devices that help shape DeSantis’s policy agenda and drive legislation. This study is important as it explores the ability of political figures to ground themselves in language and push political ideologies. The findings reveal a consistent emphasis on ethos while simultaneously appealing to unity, strengthen, and moral clarity. Over time, DeSantis’s rhetoric evolves from defensive to assertive leadership framed by appeals to national policy and …

A Framework For Trauma-Informed Mediation: A Heart And Mind Approach To Conflict Resolution, Michael Saini, Raheena Lalani Dahya, Shely Polak

Cardozo Journal of Conflict Resolution

Unresolved trauma histories can have both short and long-term consequences on children and parents' overall functioning. Using a trauma-informed approach to mediation, we first briefly highlight the impactofadversechildhood experiencesandunresolvedtraumasonadults. We then consider the various vulnerabilities and activations presented within mediation and the fundamental principles of trauma-informed mediation to assist parties in remaining within the "window of tolerance" during the mediation. Trauma-informed mediation is an approach that encourages mediators to be aware of potential trauma activations and to engage in compassionate practices to allow parties to engage within their own individualized "window of tolerance" to resolve disputes. We explore the unique …