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A Sovereign Peace: Reconceptualizing The Law Of Sovereignty In The Taiwan Strait, Alyssa Resar

International Law Studies

China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile, Taiwan’s current government maintains that the Republic of China (Taiwan’s official title) is itself a sovereign, independent entity. As the two governments cling fiercely to their positions, bilateral diplomacy has ceased, and the risk of catastrophic war has risen.

This article argues that international law nonetheless offers the conceptual tools needed to build peace in the Taiwan Strait by …

Bank Stability Under Global Risk Uncertainty: The Interplay Of Internal Characteristics And External Regulatory Environment, Erfan Rachmadi, Bowo Setiyono, Bimo Saktiawan, Muizzuddin Muizzuddin

Bulletin of Monetary Economics and Banking

This study examines the impact of global political and climate uncertainty on bank stability, utilizing panel data from 604 banks across 40 countries during the period 2011–2022. Through fixed effects and difference GMM methodologies, the analysis reveals that both geopolitical and climate risks adversely affect bank stability. Notably, tightening governance creates a ‘regulatory compliance paradox’ which leads to lower climate readiness and bank stability. We also identified that capital buffers matter in enhancing bank readiness to face geopolitical and climate uncertainty. However, efficiency plays a dual role. In times of geopolitical risk, it is necessary, but we also can’t achieve …

2026 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin

BYU Law Review

Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …

Treatment Sentences, Evelyn Lia Malavé

BYU Law Review

One of the most common mandates of a non-incarceratory sentence is to submit to treatment. Across the criminal legal system, from problem-solving courts to probation, millions of defendants sentenced to non-incarceratory sentences—including people not diagnosed with a substance abuse disorder—are required to attend drug treatment programs. After decades of policies that criminalized drug use, non-incarceratory sentences that match people with treatment may appear to be a step forward—or at least not the most pressing problem.

But criminal law scholarship has not fully reckoned with the harms of treatment sentences, including the harms of mandated treatment itself. Analysis of treatment sentences …

Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey

BYU Law Review

Instead of easing the housing crises that exist across the country as intended, mandatory inclusionary housing programs burden development, impeding smaller projects and stunting development that in the aggregate could alleviate housing shortages. In this Note, I argue that states should preempt local governments from imposing burdensome mandatory inclusionary housing programs because they interfere with property rights and are counterproductive in their results. The Nollan-Dolan rough proportionality test requires that land-use conditions must be related to and proportional to the problem created by the land development project. The Supreme Court’s recent holding in Sheetz v. County of El Dorado clarified …

Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry

BYU Law Review

Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …

Private Disestablishment, Gaurav Mukherjee

BYU Law Review

Should public funds support religious schools? The Supreme Court’s 4–4 decision in St. Isidore of Seville Catholic Virtual School v. Drummond may have blocked America’s first religious charter school but set no precedent, leaving core constitutional questions unanswered. This Article argues that St. Isidore illustrates “private disestablishment,” where religious institutions claim private status while exercising public power—allowing them to access public benefits without accepting public constraints. Blurring the boundary between private and public allows these entities to secure public benefits like funding and regulatory advantages while avoiding obligations that typically constrain public institutions, such as non-discrimination or religious neutrality.

The …

Legal Scholarship In An Age Of Social Media, Miriam Cherry

Journal of Civil Rights and Economic Development

(Excerpt)

This symposium essay will offer insights into how legal scholarship—and the law—are changing in a time of social media. Platforms or their names may change, but the immediacy and connection that they offer, for better or worse, here to stay. The argument amounts to two sides of the same coin. Social media can raise the salience of an issue, story, or event, and in doing so, may provide information that helps to inform our work as legal scholars. The converse is also true: legal scholarship also needs to study social media. This essay takes each point in turn.

Fragile Hope And The Cultural Life Of Law, Shefali Jain

Socio-Legal Review

This review of Sandhya Fuchs’ Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press 2024) highlights that the book makes a genuinely original ethnographic and conceptual contribution to caste studies and hate crime scholarship. At the same time, the essay argues that there are three limitations to its framework that require greater engagement: the book’s failure to engage with the legal consciousness tradition in socio-legal scholarship, an underdeveloped account of “legal meliorism,” and an unresolved tension between the book’s stated commitment to victim-centred analysis and its ethnographic evidence that frequently discusses movement-level aspirations.

Decent Work In The Platform Economy Convention, 2026: A Preliminary Analysis, Valerio De Stefano

ILO Decent Work in the Platform Economy Convention

This paper provides a preliminary analysis of the Decent Work in the Platform Economy Convention, 2026 (No. 193), the first international labour standard devoted specifically to platform work. It examines the Convention’s scope, substantive protections, and principal interpretive questions, arguing that its significance lies in the cumulative architecture through which platform work is brought within the reach of international labour standards.

Particular attention is given to the Convention’s broad personal scope. Self-employed platform workers are generally included throughout the instrument, while specific provisions permit protections to be adapted to different employment statuses without excluding workers outside an employment relationship. …

Until The Cages Are Empty: Transgender Criminal Defense As A Necessary Tactic Of Prison-Industrial Complex Abolition, Lark Mulligan

UC Law Journal of Race and Economic Justice

This article is a practical guide in the fight to abolish the prison-industrial complex as well as institutionalized transphobia and cissexism. Focusing specifically on the practice area of criminal defense, this article proposes a model that must be replicated across jurisdictions wherever transgender people are criminalized. By instituting an interdisciplinary team approach that is non-hierarchical, strengths-based, trauma-informed, community focused, holistic, harm-reductionist, and abolitionist, practitioners will find their role in this movement as one of consensus building, knowledge sharing, community empowerment, institutional navigation, and access distribution. As discrimination and violence against trans people continues to rise, practitioners must learn to not …

Racial Privacy I: The Quest For Whiteness By European Immigrants In America, Najarian R. Peters

UC Law Journal of Race and Economic Justice

Privacy law scholars have disregarded and under-theorized racial privacy practices, meaning racial/ethnic passing, in the United States of America. This article is a defining first step in conceptualizing racial passing as an indispensable privacy protection practice, that affirmed the following individual and group privacy rights of European immigrants, who became White in America: (1) the right to be let alone, (2) the right to erasure of stigmatized racial identity, and inherent in that right, (3) the right to forget an assigned racial identity, burdened by socio-economic deprivation and predation. Whiteness was required to access citizenship for the vast majority of …

The Joy And Privilege Of Social Justice Lawyering: Fulfillment Through Integrating Work And Life, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

No abstract provided.

Deep Seabed Mining And The Law Of The Sea: Strategic Competition, Institutional Failure, And The Third Age, Michael W. Lodge

International Law Studies

Edited and annotated speech by Michael Lodge, former Secretary-General of the International Seabed Authority (2017–2024), delivered at the U.S. Naval War College, Newport, Rhode Island, on March 11, 2026.

Rbr Management, Llc V. Eighth Judicial District Court [State Of Nevada], 142 Nev., Adv. Op. 44 (June 18, 2026), Erika Loveland

Nevada Supreme Court Summaries

Emergency medical service providers and ambulances are not "provider[s] of health care" under NRS 41A.017, so claims against them are not professional negligence claims and require no expert affidavit.

"People" Not "Persons": Noncitizens And The Fourth Amendment, Juan Caballero

Loyola of Los Angeles Law Review

American history is littered with threats and attempts at mass deportation. The Trump administration’s announced policy of mass deportations is the most recent manifestation of such a policy and one that perhaps poses an unprecedented threat to the rights and liberties of noncitizen communities. The administration’s aggressive rhetoric, militarized border policy, and embrace of new technology together portend a new era of surveillance and control over noncitizen communities. This threatens to supercharge previous and ongoing surveillance efforts within the immigration enforcement paradigm, such as the Department of Homeland Security's Alternatives to Detention (“ATD”) program. These programs place participants under a …

Probable Cause Deportation, Dorien Ediger-Seto

Loyola of Los Angeles Law Review

Immigrants increasingly face deportation and visa denials due to dismissed charges and unverified reports. Unlike the more commonly discussed conviction-based grounds of inadmissibility and removability, the reason-to-believe class of inadmissibility grounds require no conviction, or even admission of guilt, to trigger immigration consequences. They simply require that the Attorney General or

Department of Homeland Security have a “reason-to-believe” that certain types of criminal activity have occurred: a low evidentiary standard, often equated to probable cause. In these cases, just the allegation of certain crimes—supported by anything from an unverified Border Patrol report that drugs were found in a noncitizen’s car …

Paying Dividends: An Empirical Examination Of How Student Compensation Enhances Externships, Neha Lall

Loyola of Los Angeles Law Review

Externships provide impactful experiential education opportunities that enable law students to acquire the skills, networks, and self-awareness they need to launch their legal careers. Since 2016, the American Bar Association (“ABA”) has allowed students to receive compensation in addition to credit in field placement courses. Despite the increasing popularity of paid externships, questions linger about whether law schools can maintain high quality learning experiences when students are on the placement’s payroll. In the first empirical examination of its kind, this Article analyzes a carefully curated four-year dataset detailing externship program enrollment, evaluation, and student demographic data from one school, The …

What If Refugees Mattered? The Challenge To International Law, Catherine Dauvergne

All Faculty Publications

The starting point of this work is that the figure of the refugee is under-theorized in international law, to the point of being almost entirely absent from dominant accounts of international law. This absence is all the more striking because international law is, if anything, over-theorized. Or, in Martti Koskenniemi’s (vastly more polite) words, “more than other fields, international law’s centre of gravity has been with theoretical abstraction and doctrinal construction.” So why is the figure of the refugee absent? And why does it matter? These are the key questions I am exploring in this work.

“He’S Got The Whole World In His Hands”: Seed Sovereignty And Agricultural Decision Making In Southeastern Kenya, Caroline Stahley

USF Tampa Graduate Theses and Dissertations

Increasing corporate control of the global seed supply and restrictions to local exchange threaten the autonomy of smallholder farmers and Indigenous communities. This project contributes to agricultural sovereignty movements by examining the decisions farmers make to address climate uncertainty, market volatility, and development agendas. Specifically, how is seed saving practiced and understood in relation to sovereignty? It reimagines what global food systems might look like if investment were directed to producers rather than intermediaries, arguing that cultivators lack support, not knowledge or capacity. Across these domains, seeds act as a motif to describe the concerns, innovations, and visions of farmers.

An Analysis Of Human Trafficking In Alabama, Kimberly Abrams

Doctoral Dissertations and Projects

The purpose of this analysis is to gain a thorough understanding of human trafficking in the Alabama. The illegal issue of this analysis is for those who lack a sense of human trafficking, which surrounds the communities where they reside. The theory guiding this study is due to the complexity of the issue globally around the world as it explains the causes of human trafficking amongst victims, which include those who experience poverty, lack of access to job opportunities, natural disasters, and lack of legal protection for immigrants. Additionally, the purpose of this dissertation is to provide insights into the …

The Impact Of Modern Police Equipment And Training On Reported Anxiety And Depression Of Police Officers, Matthew Roy Burford

Doctoral Dissertations and Projects

This quantitative study investigated the relationships among law enforcement officers’ access to modern equipment, their confidence in their training, and their reported levels of anxiety and depression. The study also tested whether confidence in training moderated the association between equipment and mental health outcomes. Mental health symptoms were measured using the Beck Depression Inventory (Beck et al., 1961) and the Beck Anxiety Inventory (Beck et al., 1988). Two researchers-developed instruments to assess officers’ perceived adequacy of their equipment and confidence in their training. Participants were recruited from law enforcement agencies across the Dallas–Fort Worth metroplex, and data were collected through …

Rebuilding The Foundation: A Discussion On Affirmative Action And Its Role In Improving Our Education System, Jacinda Thermidor

Journal of Civil Rights and Economic Development

(Excerpt)

For a long time, affirmative action policies have been fixated on race and gender. Justifiably so, since both define historically marginalized groups that still need explicit federal protections to ensure that people in these groups move through economic and educational spaces effectively and safely. Legislators have attempted to meet this need for protection by explicitly naming race and gender as protected classes in anti-discrimination laws. However, legislators have overlooked a factor that not only is the underlying issue behind inequities in education but can help achieve the goals that Supreme Court Justices and legislators had in mind—this factor is …

Should I Supersede Or Should I Go: Individual Protection And Private Company Interests In Implementing A Federal Biometric Privacy Law, Jessica Oshanani

Journal of Civil Rights and Economic Development

(Excerpt)

Section I of this Note will define and discuss biometrics. Section II will discuss key biometrics legislation and Section III will explain the impact of BIPA on other state biometric privacy laws.

Next, Section IV will explain the impact of biometric privacy violations and separate controlling state laws on individuals, while Section V will explain the impact of biometric data laws on private companies.

Section VI will identify potential federal laws on the horizon, then Section VII will explain the concept and application of preemption.

Finally, Section VIII will discuss the benefits of administrative agency overview, and Section IX …

The Cruelty Is The Point: How The Extreme Psychological Effects And Punitive Ineffectiveness Of Solitary Confinement Culminate In An Unconstitutionally Disproportionate Punishment, Zachary Bosak

Journal of Civil Rights and Economic Development

(Excerpt)

This Note will propose that solitary confinement can be wholly abolished under the Eighth Amendment to the Constitution. This Amendment provides in full that “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” When taken in a broad, isolated sense, the meaning of and purpose behind this Amendment are straightforward and uncontroversial; the founders meant to protect Americans from “methods of punishment” considered unreasonably severe and inhumane. However, when one attempts to place this Amendment within the context of a legal issue, its clarity erodes, and questions arise as to its applicability. …

In The Race Between The Federal Government And The States To Regulate Ai, Big Tech Is The Winner, Matthew Berger

Maryland Law Review

No abstract provided.

Foreword, Grace Perez

UC Law Journal of Race and Economic Justice

No abstract provided.