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Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

From Margarine To Cannabis:The Ongoing Evolution Of The Criminal Law Power, Asha Kaushal, Robert Danay

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

This paper examines the Supreme Court of Canada’s decision in Murray-Hall v. Quebéc (Attorney General), upholding Québec’s restrictions on personal cultivation and possession of cannabis despite federal legalization. This decision is contextualized within a broader empirical analysis of the Supreme Court’s jurisprudence on the criminal law power under section 91(27) of the Constitution Act, 1867. By systematically reviewing Supreme Court cases from the Margarine Reference to Murray-Hall, the authors identify two trends: (1) increasing judicial deference to provincial legislative jurisdiction in criminal law matters since the enactment of the Charter, and (2) a continued judicial willingness to limit federal jurisdiction …

Originalism, Methodolatry, And The Only Guarantee Of Wisconsin, Chad M. Oldfather

Faculty Publications

Originalism, loosely defined, commands a majority on the Supreme Court and dominates legal discourse in a way that would have been unrecognizable a generation ago. Yet its actual constraining effect on judicial behavior remains doubtful. This Article offers two contributions to the long-running debate. First, it identifies a pathology in both originalist scholarship and practice that it terms "methodolatry"—a preoccupation with methodological refinement that threatens to elevate method over the purposes interpretation is meant to serve. Second, and more importantly, it argues that debates over interpretive method, however vigorous, fail to address the core problem. Text and history offer relatively …

Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath

Human Rights Brief

I. Introduction

On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration. The Agreement sets out to end the decades-long conflict between Azerbaijan and Armenia over the Armenian ethnic enclave of Nagorno-Karabakh within Azerbaijan, and the Azerbaijani exclave of Nakhchivan, which is separated from the rest of Azerbaijan by Armenia. While the White House hails the Agreement as a “historic peace deal,” the reality is more …

“Durable Solutions” Revisited: Italy’S Train-To-Hire Pathway Under The Cutro Decree As Alternative Refugee Protection, Tim Streit

Human Rights Brief

I. Introduction

If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact, it is not only the hypothetical “average person” who pictures this scenario. The international refugee protection system, developed after World War II through the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol Relating to the Status of Refugees …

Migration In Context And Law: Global Displacement And The U.S. Immigration System, Saya Khandar, Dominic Brunaccioni, Samantha Johnson, Nisa Manzar, Lindsey Nye, Alexis Stephens, Sherise Tracey

Human Rights Brief

On February 20, 2026, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium, titled “Migration in Context and Law: Global Displacement and the U.S. Immigration System.” This symposium was curated in response to intensified immigration operations across the United States (U.S.), which have resulted in significant harm to individuals and families nationwide. The discussion centered on the humanity of immigration and explored how global displacement, armed conflict, economic instability, and climate change continue to shape migration. Organizers brought together legal scholars, practitioners, and advocates to examine current immigration policies in the context of …

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

The New Neccesity, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

According to the U.S. Supreme Court, cities are free to criminalize homelessness. The 2024 case City of Grants Pass v. Johnson is the most important homelessness case in decades and was a significant blow to advocates for the unhoused. The conservative majority rejected the idea that city ordinances criminalizing sleeping in public amounted to cruel and unusual punishment insofar as they penalized status. There is no sidestepping the loss. But within the faint glow of the embers of the oral argument and of the decision itself, there is the possibility that a new understanding of necessity, supported by the same …

Lunch Shaming And The Right To Privacy, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to balance tight budgets with the mandate to provide free or reduced-price meals to eligible students. Despite legislative efforts and advocacy campaigns aimed at mitigating the problems associated with lunch shaming, the practice persists, exacerbated by rising food costs and the expiration of pandemic-era food programs.

Many law journal and other articles have correctly …

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …

In Defense Of Substantive Due Process, Maureen A. Edobor

Scholarly Articles

The Originalism Trap is a book for everyone—and it should be required reading for anyone trying to make sense of the seismic shifts in constitutional law on democracy, guns, and reproductive rights, even as the Constitution’s text has remained unchanged. Dennie’s sweeping and incisive defense of substantive due process raises a fundamental question: what better reflects democratic legitimacy—judicial doctrine shaped through decades of engagement between advocates, communities, judges, and lawmakers, or a narrow search through centuries-old texts for fragmented glimpses of “original public meaning” drawn from eras that excluded most people from citizenship, personhood, and power? Dennie forcefully answers: the …

Incarcerated Persons’ Day In The Sun: Why Prisoners Should Have A Right To Fresh Air And Direct Sunlight, David Gross

Indiana Journal of Law and Social Equality

One word sums up the current state of a prisoner’s rights to fresh air and direct sunlight: conditionality. Because the rights are conditional in the United States, the sword of litigation hangs above prisons while residents are subject to violations of their limited constitutional rights. International law and medical research respectively recognize the right to, and need for, outdoor recreation. However, the grueling deliberate indifference standard debilitates attempts to change this reality in the courthouse. Thus, the impetus of change must come from the expansion of statutory rights. The right to fresh air and direct sunlight can be energized …

Abortion On The Move: Navigating The Fractured Reproductive Healthcare Landscape, Kim D. Ricardo

UIC Law Open Access Faculty Scholarship

No abstract provided.

Follow The Money: A Historical And Bibliometric Reflection On The Rise Of Law And Economics, 1970-2025, Scott H. Dewey

Articles

From roughly 1970 to 2010, law and economics rose from the margins to a dominant position in American legal academia, accompanied by a dramatic increase in citations to law and economics scholarship. Citation analysis is often treated as a proxy for intellectual merit, but that assumption becomes questionable when ideas are advanced through systematic, well-funded, and sustained promotion aimed at serving specific political and economic interests. This study examines the right-wing funding networks that supported the rise of law and economics and analyzes the resulting bibliometric patterns in legal scholarship. By tracing these financial and citation dynamics, the study argues …

Reading Wars, Don Herzog

Books

Once again, we’re fighting wars over reading. Who gets to read? What do they get to read? These days, the right is obsessed with removing LGBTQ books from school and public library shelves and ensuring students read only the Correct version of American history. The left is obsessed with eradicating right-wing fantasies, not to mention outright lies, from the internet, and with airbrushing or even purging racist texts. You don’t have to stoop to whataboutery to notice a suspicious resemblance. But once again is wrong. We’ve always fought these wars, even if the enemies come and go. In this book, …

Uncovering The Keystone: Case Study Of The Ubs Art Collection Gift, Loan And Contemporary Voices Exhibition At Moma In 2005 - Twenty Years Later, Maria Glikman Yamarakov

MA Theses

This research aims to reconstruct foundational history of the Case, based on the publicly available sources. Using the established factual background to test the significance of each of the three major assumptions, referred traditionally as motivation behind the studied Case undertaking. Through critical analysis this Thesis targets to uncover the keystone of this Case and use it as the background to introduce the governance Duty of Stewardship concept in the corporate collection context. Assuming the introduced concept sustains initial analysis, assess its potential value for further strategic development of the corporate collections of the contemporary art.

Invisible, Manipulated, And Politicised: Rethinking The Conceptual Foundations Of The Un Convention On The Rights Of The Child, Anshul Dalmia

National Law School of India Review

This paper examines whether the rights articulated in the United Nations Convention on the Rights of the Child (‘UNCRC’) can be meaningfully assimilated within the broader framework of international human rights. It locates this inquiry within enduring jurisprudential debates on the nature, justification, and enforceability of children’s rights. While international human rights law presumes a relatively stable rights-bearing subject, children occupy an ambivalent position—simultaneously recognised as rights-holders and as dependents mediated through an adult authority. Drawing on Tobin’s critique, which cautions against the dangers of conceptual indeterminacy, the paper argues that the UNCRC exemplifies these risks. It contends that the …

Glorifying Khaki: Policing, Power, And Copaganda In Hindi Cinema, Stuti Shah, Jyotika Tomar

National Law School of India Review

This article adopts US civil rights advocate Alec Karakatsanis’s conceptualisation of ‘copaganda’ to analyse the commercially successful ‘Cop Universe’ directed by Rohit Shetty, situating it within a broader socio-legal analysis of contemporary policing in India. It argues that copaganda in Hindi cinema recasts police officers not only as vigilantes, but also as embodiments of Hindutva and nationalist virility and a Brahmanical patriarchal order. In doing so, these films normalise extra-legal policing, obscure the structural realities of custodial violence and impunity, and reframe state violence as both necessary and morally desirable. The article situates these cinematic narratives alongside contemporary developments in …

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

Public Law and Legal Theory Working Papers

No abstract provided.

The Myth Of The Second Amendment, Laura Muna-Landa

CGU Theses & Dissertations

This dissertation traces the evolution of the United States Supreme Court’s interpretation of the Second Amendment, which shifted from a constitutional provision grounded in collective security and concerns about tyranny to a modern doctrine emphasizing an individual right to possess firearms. It contends that post-Heller (District of Columbia v. Heller (2008) decisions do not simply “apply” founding-era intent to modern circumstances but instead reflect a significant doctrinal reconstruction that now shapes both gun policy and public perceptions of constitutional meaning. This research first reconstructs the founding-era context, then tests explanations of judicial behavior, and finally applies that framework to Heller, …

The Evolution Of Trust And Safety, Danielle Keats Citron, Ari Ezra Waldman

Emory Law Journal

This Article tells the inside story of the rise, spread, and evolution of trust and safety. We bring unique perspectives to this story. One of us (Citron) was on the inside, advising many tech companies over the years on how to create healthy digital environments. The other (Waldman) was on the outside, observing, through field research, how tech companies respond to and translate law into their routines, organizational structures, and practices. Together, these perspectives offer scholars and policymakers unmatched opportunities not just to see what is happening but to understand it as well. For decades, U.S. tech companies resisted legal …

Stitched In Precarity: Labor Exploitation, Immigration Policy, And Resistance In The L.A Garment Industry, Reyna Guadalupe Silva Carrillo

Scripps Senior Theses

Los Angeles hosts one of the largest garment manufacturing industries in the U.S., built on the labor of undocumented immigrants who often work under exploitative and unsafe conditions. This paper explores how the intersection of broken labor laws and punitive immigration enforcement creates systemic vulnerability for these workers. Despite recent reforms—such as California’s SB 62, which bans piece-rate wages and holds brands accountable—enforcement remains weak, and wage theft continues to persist. State-level protections for undocumented immigrants clash with federal policies that prioritize detention and deportation, leaving workers in a state of constant precarity. While grassroots movements have secured important legislative …

The International Order, International Law, And The Definition Of Security, Harlan Grant Cohen

Michigan Journal of International Law

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

Confronting Inequality: Three Eras Of Gender And Tax Scholarship, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Tax law is not neutral--it encodes social values and reinforces certain longstanding hierarchies. For over fifty years, legal scholarship at the intersection of gender and tax has exposed how seemingly neutral tax laws perpetuate gender inequality. This Article uses the metaphor of quilting to trace the evolution of this scholarly field across three distinct eras.   Part I names and defines the designing era (1971-1986), which began with Grace Blumberg's writing on the gendered impact of tax laws on marriage, labor, and caregiving; she framed taxation as a tool of social control over women. Blumberg's work laid the foundation for other …

Illiberal Immigration Inconsistencies: Finding Unifying Principles On The Left, Sheldon Evans

Saint Louis University Law Journal

Immigration is one of the most important issues on the minds of Americans. While conservative lawmakers have rallied around the exclusionary principles of Donald Trump’s vision for America, liberal politicians have struggled to provide a unified ideological and pragmatic policy alternative. This Essay challenges that lack of identity from the political Left. By studying several inconsistencies among Democrats, I argue for realignment strategies to unify the Party to return to its traditional principles on immigration policy. These include addressing the underlying social problems causing migration, rethinking border control, providing legal pathways for immigrants, and moving towards global citizenship.

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

Health, Patents, And Path Dependence: India's Pharmaceutical Crossroads, Jacie Bissell

Michigan Technology Law Review

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial …

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin Milczarek-Desai, Derek E. Bambauer

UF Law Faculty Publications

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question and finds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product’s patent status conveys little information about whether it is superior to competing offerings. The results …