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Holding Fossil Fuel Producers Accountable In U.S. And Other Foreign Courts: A Climate Justice Pathway For Sierra Leone, Jamil Sahid Fofanah Jan 2025

Holding Fossil Fuel Producers Accountable In U.S. And Other Foreign Courts: A Climate Justice Pathway For Sierra Leone, Jamil Sahid Fofanah

Colorado Environmental Law Journal

No abstract provided.


The Environmental Cost Of Intelligence: Regulating The Climate Impact Of Artificial Intelligence, Emilee Calvin Jan 2025

The Environmental Cost Of Intelligence: Regulating The Climate Impact Of Artificial Intelligence, Emilee Calvin

Colorado Environmental Law Journal

No abstract provided.


Still Silent: How The U.S. Regulatory Framework Fails To Address The Dangers Of Pesticides, Obie Johnson Jan 2025

Still Silent: How The U.S. Regulatory Framework Fails To Address The Dangers Of Pesticides, Obie Johnson

Colorado Environmental Law Journal

No abstract provided.


‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews Jan 2025

‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews

Articles & Book Chapters

Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal …


Bruen: The Court's Announcement Of The Historical Analogy Test And The Aftermath Thereof, Michael Partrick Jan 2025

Bruen: The Court's Announcement Of The Historical Analogy Test And The Aftermath Thereof, Michael Partrick

Wyoming Law Review

The United States Supreme Court’s history of analyzing firearms restrictions has seemingly always led to ambiguities and confusion in lower courts. This was especially true after 2008, when the Court decided District of Columbia v. Heller, 554 U.S. 570 (2008). In the years following Heller, lower courts across the country applied different standards to determine the constitutionality of firearms restrictions. The Court granted certiorari in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) to establish the proper test for determining whether a firearm regulation is constitutional. This test is based on U.S. …


Legislating Morality: The Historical Consequences Of The Mann Act On The American Public, Chance J. Harper Jan 2025

Legislating Morality: The Historical Consequences Of The Mann Act On The American Public, Chance J. Harper

Wyoming Law Review

The Mann Act, officially titled the “White Slave Traffic Act of June 25 1910,” was a product of a time of immense social, ethnic, and political change. The Mann Act was presented as the solution to “white slavery”— an imagined crisis where white-American girls were forced into prostitution. This crisis was attributed to the influx of traditionally “othered” ethnic groups, which shocked the nation and prompted sweeping action by politicians to protect white-American values and culture in the name of stopping forced prostitution. In addition to perceived threats to American values, fears of immigrant power as a voting block and …


No Remedy For Colonization, Sigrid Vendrell Polanco Jan 2025

No Remedy For Colonization, Sigrid Vendrell Polanco

City University of New York Law Review

The United States purports to maintain a democratic relationship with its inhabited territories, yet the Supreme Court continues to uphold twentieth century laws that affirm rather than abrogate colonial policies. The gap between how the United States idealizes democracy and its real world application, especially in its five colonized territories (Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa), is not just growing – it is becoming a chasm. These colonies are currently referred to as United States territories. In 2023, the U.S. territory of Puerto Rico experienced a controversial sovereignty challenge …


Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies Jan 2025

Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies

American University Law Review

Recent Supreme Court decisions have taken a broad view of the President’s power to remove executive branch officials. According to the Court, the President’s Article II obligation to “take Care that the Laws be faithfully executed” generally requires that the President have authority to remove officials at will. The Court has thus far declined to overrule Humphrey’s Executor v. United States, a 1935 decision upholding “forcause” restrictions on removal for multi-member “quasi-judicial” bodies such as the Federal Trade Commission (FTC). Nonetheless, recent Court decisions have eroded the rationale in the earlier case, which has received additional attention because of efforts …


Federal Compassionate Release Principles: Defining The Contours Of Analyses Under The “Other Reasons” Bucket, Hannah Jacobs Jan 2025

Federal Compassionate Release Principles: Defining The Contours Of Analyses Under The “Other Reasons” Bucket, Hannah Jacobs

American University Law Review

The U.S. Sentencing Commission’s new policy statement regarding 18 U.S.C. § 3582(c)(1)(A) informs federal judges’ sentence reduction analyses. The statement expands the extraordinary and compelling reasons for which district courts may grant compassionate release under the statute’s “Other Reasons” provision. A proper application of this catchall provision requires striking a balance between the broad judicial discretion codified in that provision and the flexibility, certainty, and fairness principles Congress and the Sentencing Commission intended to shape modern compassionate release. This discretion is bound by statutory, policy, and prudential considerations, including fidelity to the totality-of-the-circumstances framework and a case-by-case approach to individual …


Daniel J. Adam Memorial Award, Notre Dame Law School Jan 2025

Daniel J. Adam Memorial Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Created in 2004 by the Class of 2001 to honor the boxing talent and unrelenting spirit of charity and compassion of Daniel Adams. The award is presented annually to the outstanding law school boxer in each year's Bengal Bouts Tournament at Notre Dame.


Diligent Influence, Carrie Stanton Jan 2025

Diligent Influence, Carrie Stanton

Washington and Lee Law Review

Social media influencers wield astonishing marketing power. While influencing may be innocuous in some respects, scholars have argued that influencer marketing—which is uniquely high-touch, individualized, and intimate—raises novel consumer safety concerns. These concerns, in turn, beg crucial questions of risk allocation. In her excellent Note, Under the Influence: Duties, Deception, Disclosures, and Due Diligence of Social Media Influencers, Arianna Kiaei describes the psychological and economic impacts of social media influencing and makes a compelling case for influencer accountability. Kiaei argues that current regulations focus too narrowly on the companies promoting their products through influencers; instead, Kiaei suggests that the robust …


Advancing Virtual Care Practices Across The Cognitive Impairment Continuum, Tara Sklar, Kathryn Huber Jan 2025

Advancing Virtual Care Practices Across The Cognitive Impairment Continuum, Tara Sklar, Kathryn Huber

Health Matrix: The Journal of Law-Medicine

As the population of older adults grows, providing high-quality, costeffective healthcare for those with cognitive impairments is an increasing priority. The COVID-19 pandemic accelerated the shift towards receiving virtual care at home through temporary Medicare flexibilities. However, the uncertainty surrounding the continuing extension of these flexibilities at the federal level and variations in reimbursement policies across the states present challenges for virtual care practices to meet the rising demand for care amid unprecedented workforce shortages. Sustainable, long-term reimbursement at the federal and state levels, a trained and integrated healthcare workforce, and adherence to recognized accreditation standards and guidelines are essential …


A Small Price To Pay For Better Mental Health Crisis Care: Why States Should Be Funding The New 988 Hotline Through Phone Fees, Katherine Menello Jan 2025

A Small Price To Pay For Better Mental Health Crisis Care: Why States Should Be Funding The New 988 Hotline Through Phone Fees, Katherine Menello

Law Student Publications

Mental health care in the United States is uncoordinated, underresourced, and overall insufficient. Mental health crisis care is much the same, but with much higher stakes. The lack of a comprehensive mental health crisis care system across the country has led to law enforcement involvement becoming the default system in most communities. Yet, an overwhelming majority of Americans want a better way; in a survey conducted in summer 2023, “85% of people sa[id] they want a mental health response to someone experiencing a mental health, drug or suicide crisis, not a police response.”...


The Discord Dilemma: Section 230'S Free Pass For Internet Providers Sanctioning Online Extremism, Claira L. Cooper Jan 2025

The Discord Dilemma: Section 230'S Free Pass For Internet Providers Sanctioning Online Extremism, Claira L. Cooper

Law Student Publications

This Article examines the relationship between the blanket immunity for internet providers guaranteed by Section 230 of the Communication Decency Act and the rise of online extremism on gaming adjacent platforms. This Article analyzes multiple recent events incited by extremists on the gaming platform, Discord, and the real-life consequences that arise when extremism is allowed run rampant on platforms. This Article argues that Section 230, in its current form, enables platforms to turn a blind eye to illegal conduct on their website by avoiding moderation, thus making it clear that Section 230 is in dire need of an update to …


The Hidden Verdict: Measuring Implicit Bias In Juror Decision-Making, Gina Dudley Jan 2025

The Hidden Verdict: Measuring Implicit Bias In Juror Decision-Making, Gina Dudley

Psychology | Senior Theses

This experiment examines the influence of implicit bias awareness on juror decision-making in cases involving Hispanic defendants. Explicitly, it tests three hypotheses: (1) bias-educated jurors will demonstrate lower conviction rates for Hispanic defendants, (2) these jurors will report higher confidence in their verdicts, and (3) they will show greater awareness of how their previous experiences influence their decision-making. This experiment uses a mock jury paradigm to investigate whether bias awareness interventions affect verdict decisions and juror confidence levels in cases with Hispanic defendants. Ninety participants were randomly assigned to receive or not receive implicit bias education before reviewing a case …


Art. Iii-Gpt, Nick Mckinley Jan 2025

Art. Iii-Gpt, Nick Mckinley

Catholic University Journal of Law and Technology

This article recommends the development and deployment of an Artificial Intelligence (AI) large language model (LLM) tool by and for the federal judiciary. LLMs are revolutionizing legal practice, and judges should accordingly be familiar and in regular practice with LLM technology. LLMs can greatly assist the courts by increasing operational efficiency and public access to justice. Particularly, LLMs can improve efficiency in legal research, legal writing, and administration. LLMs present limitations or potential problems in the form of prompt dependency and harmful bias, limitations of data in their training sets, privacy and confidentiality, and the production of false or fabricated …


Reentry Realities: Examining The Role Of Aftercare Programs In Supporting Justice-Involved Youth, Lynda Girven Jan 2025

Reentry Realities: Examining The Role Of Aftercare Programs In Supporting Justice-Involved Youth, Lynda Girven

Honors Undergraduate Theses

The current study examined if aftercare and reentry programs helped to reduce recidivism among youth who have been involved in the juvenile system, and specifically, youth released from residential placement facilities. Different components of aftercare programs were also examined, such as the inclusion of mentoring or family support, how many services were offered, and if the program followed the Risk-Need-Responsivity (RNR) model. Through completing a systematic review of studies published since 2008, five studies met the inclusion and exclusion criteria. All five studies found that the youth who received services through aftercare programs were less likely to reoffend than youth …


Dialing In Or Dialing Out? The Relationships Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino Jan 2025

Dialing In Or Dialing Out? The Relationships Between State Telemedicine Law And Access To Buprenorphine, Stacey A. Tovino

Faculty Articles

This Article begins by reporting the results of a comprehensive 50-state survey assessing state laws and other state sources governing the telemedicine induction (“tele-induction”) and subsequent telemedicine prescription (“tele-prescription”) of buprenorphine for the treatment of opioid use disorder (“OUD”) following the expiration of the COVID-19 public health emergency (“PHE”). Original, concrete findings include: (1) the glaring patchwork of state law governing the tele-induction and subsequent tele-prescription of buprenorphine for the treatment of OUD in the United States; (2) the variety of primary authorities and secondary sources that house relevant permissions, prohibitions, and affiliated requirements; (3) the number of primary authorities …


Shareholder Activism & Unconstitutionally Compelled Speech, Steven J. Cleveland Jan 2025

Shareholder Activism & Unconstitutionally Compelled Speech, Steven J. Cleveland

Faculty Articles

No abstract provided.


The Erosion Of Trust: Arizona V. Navajo, Climate Change, And The Potential Abrogation Of Tribal Water Rights, Dr. Taino J. Palermo Jan 2025

The Erosion Of Trust: Arizona V. Navajo, Climate Change, And The Potential Abrogation Of Tribal Water Rights, Dr. Taino J. Palermo

Roger Williams University Law Review

No abstract provided.


A Playbook For Nil Progress: Uplifting Student-Athletes And Agents Through An Updated Athlete Agents Act, John Smeloff Jan 2025

A Playbook For Nil Progress: Uplifting Student-Athletes And Agents Through An Updated Athlete Agents Act, John Smeloff

Roger Williams University Law Review

No abstract provided.


Human-Centered Advocacy: Requiring Trauma-Informed Lawyering Through Mandatory Continuing Legal Education, Meghan Sheldon Jan 2025

Human-Centered Advocacy: Requiring Trauma-Informed Lawyering Through Mandatory Continuing Legal Education, Meghan Sheldon

Roger Williams University Law Review

No abstract provided.


Author Biographies Jan 2025

Author Biographies

Roger Williams University Law Review

No abstract provided.


North Farm Home Owners Ass’N, Inc. V. Bristol County Water Authority, 315 A.3d 933 (R.I. 2024), Marriah Binek Jan 2025

North Farm Home Owners Ass’N, Inc. V. Bristol County Water Authority, 315 A.3d 933 (R.I. 2024), Marriah Binek

Roger Williams University Law Review

No abstract provided.


Paradoxical Pedagogy: Teaching Trauma-Informed Principles Within A System Built On Emotional Detachment, Sarah Mcconnell, Leah Lunetta Jan 2025

Paradoxical Pedagogy: Teaching Trauma-Informed Principles Within A System Built On Emotional Detachment, Sarah Mcconnell, Leah Lunetta

Roger Williams University Law Review

No abstract provided.


Blouin V. Koster, 319 A.3d 654 (R.I. 2024), Drew A. Mondi Jan 2025

Blouin V. Koster, 319 A.3d 654 (R.I. 2024), Drew A. Mondi

Roger Williams University Law Review

No abstract provided.


2024 Rhode Island Public Laws Jan 2025

2024 Rhode Island Public Laws

Roger Williams University Law Review

No abstract provided.


State V. Aponte, 317 A.3d 745 (R.I. 2024), Jacob Young Jan 2025

State V. Aponte, 317 A.3d 745 (R.I. 2024), Jacob Young

Roger Williams University Law Review

No abstract provided.


Armour V. Bader, 316 A.3d 1164 (R.I. 2024), Caroline Stanton Chlaupek Jan 2025

Armour V. Bader, 316 A.3d 1164 (R.I. 2024), Caroline Stanton Chlaupek

Roger Williams University Law Review

No abstract provided.


Civic Virtue: Judge William E. Smith's Gifts To Rwu Law, Michael J. Yelnosky Jan 2025

Civic Virtue: Judge William E. Smith's Gifts To Rwu Law, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.