Digital Commons Network^™

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …

Are There Gender Disparities In Chinese Legal Education? – An Empirical Enquiry, Peter C.H. Chan, Haojin Duan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2025, in a Clean Water Act (“CWA”) citizen-suit challenge to a landowner’s filling of a tract of land on St. Simon’s Island, Georgia, under a nationwide dredge-and-fill permit issued by the United States Army Corps of Engineers (the “Corps”), the United States Court of Appeals for the Eleventh Circuit held that the landowner did not waive its right to challenge whether the tract was a wetland by virtue of submitting a form to the Corps in connection with its obtaining coverage under the permit that stated that the landowner accepted that the tract at issue was a jurisdictional water …

Real, Not Rhetorical: Children’S Rights As The Strongest Constitutional Defense Of Obergefell Against Religious-Liberty Challenges, Tanya Washington

Mercer Law Review

Justice Kennedy’s decision to center adults’ rights in the Obergefell majority opinion—despite his awareness of children’s legal vulnerabilities—created space for Justice Thomas, in his Davis statement, to ignore children altogether and to reframe the constitutional question as a clash between adults’ rights: the right to marry and to be free from discrimination versus the right to exercise one’s religious beliefs and to refuse to engage in conduct that abrogate those beliefs. This distorted constitutional framing eclipses entirely the rights of children in same-sex families and the concrete harms they will face if their parents are barred from marrying—harms that provide …

An Investigation Of The Government’S Legal Strategy After Loper Bright, Will Yeatman, Charles Yates

Liberty University Law Review

For forty years, the Chevron “two-step” dominated judicial review of statutory interpretation issues in the administrative law context. Then, in Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference. This Article investigates what comes next. Specifically, we explore how government lawyers have strategized in the wake of Loper Bright. Based on an original dataset of government briefs, we find that the government is advancing at least six substitutes for Chevron deference. Typically, the government combined two or more of these substitutes into an aggregated claim for Chevron-like deference. Our preliminary data suggests that courts have …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism., Cynthia A. Williams

Articles by Maurer Faculty

The purpose of this Article is to bring some of the emerging empirical literature evaluating the effects of required greenhouse gas (GHG) disclosure to bear on discussions of disclosure as a mechanism to address climate change. Since disclosure has become such a significant part of global efforts to address climate change, whether it has the effects in fact that are attributed to it in theory is properly subject to interrogation.   In this Article, several interrelated questions will be discussed. First, what does the empirical evidence show about the effects of required (GHG) disclosures on emissions? What mechanisms are engaged in …

Supremacy Politics: The Coding Of Power In Artificial Intelligence (Ai), Dana G. Jones

North Carolina Civil Rights Law Review

No abstract provided.

White Predominance Is The Point, Kimberly West-Faulcon

North Carolina Civil Rights Law Review

No abstract provided.

Punishment, Cruelty & Justice: Critically Interrogating Grants Pass V. Johnson, Sara K. Rankin

North Carolina Civil Rights Law Review

No abstract provided.

A Fourth Uniform Parentage Act, Jeffrey A. Parness

University of Baltimore Law Review

No abstract provided.

Teaching Legal Thinking In The Age Of Ai: Reimagining Legal Education Through Cognitive Science And Deliberate Practice, Joan R. M. Bullock

University of Baltimore Law Review

No abstract provided.

The Legal Framework For Direct Ocean Carbon Capture And Storage (Volume 2: The United States), Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

This paper, the second in a series of two, focuses on the U.S. legal framework for the marine carbon dioxide removal (mCDR) approach of direct ocean carbon capture and storage (DOCCS). The first explores DOCCS governance under international law and is available here: https://scholarship.law.columbia.edu/sabin_climate_change/271/.

DOCCS aims to remove some of the carbon currently stored in the ocean and thereby enable it to uptake additional carbon dioxide from the atmosphere. DOCCS is still undergoing research, but early studies suggest it could have significant carbon dioxide removal potential. However, DOCCS could also present environmental and other risks, including from the construction …

From Tech To Table: Moving Sustainable Proteins Beyond Marketplace Bottlenecks, Andy Fitch, Cynthia Hanawalt

Sabin Center for Climate Change Law

Climate advocates may hope to see dramatic commercial breakthroughs over the next several decades that reshape emissions-intensive components of our everyday lives, such as our dietary choices, household energy use, and transportation habits. Yet transforming these consumer sectors will require not only scientific ingenuity and entrepreneurial ambition, but also nimble competition policy to address complex market dynamics.

Sustainable food production likely necessitates substantial departure from traditional livestock-management practices. Agricultural production currently generates about one-third of global greenhouse gas emissions (“GHGs”). Animal livestock account for the largest share, while occupying roughly 40% of the Earth’s habitable land, much of which could …

"Market Shift Liability" For Generic Drugs: Market Share Theory's Eccentric New Cousin, Lars Noah

UF Law Faculty Publications

Market share liability, which permits allocating proportional responsibility to each tortious member of an industry when victims cannot identify the exact source of their injurious exposure, enjoyed its judicial heyday in the 1980s. It originated in the peculiar setting of litigation over a distinctive cancer that developed decades after in utero exposure to the drug diethylstilbestrol (“DES”), which a few hundred companies had produced and sold for the prevention of miscarriages before federal regulators withdrew it from the marketplace. Although judges have occasionally attempted novel extensions of this theory to other products, and academic commentators remain fascinated by its use, …

Overview: Neuroscience And The Law, John M. Conley, Rami Major

North Carolina Law Review

No abstract provided.

Off-Label Neuroimaging, Jane Campbell Moriarty

North Carolina Law Review

No abstract provided.

Legal And Regulatory Considerations For Post-Trial Access To Maintenance Of Beneficial Investigational Neural Devices, Alexandra L. Foulkes, Erika Versalovic, Amanda R. Merner, Gabriel Lázaro-Muñoz

North Carolina Law Review

No abstract provided.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

North Carolina Law Review

No abstract provided.

Void, Voidable, And The Limits Of Finality: Reconciling Equity And Public Policy In Illinois Child Support Orders, Julie M. Pirtle

Northern Illinois University Law Review

What happens when a 2012 agreed order, which dismisses a 2009 paternity finding, waives child support, and sets no parenting time, is challenged as void twelve years later and now Mother says Father has a $63,219.60 arrearage? My client, the Father and payor of support, was facing just that scenario. It is common knowledge that an out of court agreement to modify/terminate child support is not enforceable unless it is reduced to writing and approved by the courts. However, a party to a litigation should be allowed to rely on the orders the court enters. Father has every right to …

"Death Without A Funeral", Holly Prince

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

Beyond Skrmetti: A Constitutional Case For Gender-Affirming Care, Mateo-Luis A. Planas, Evan Gerstmann

Honors Thesis

In 2025, roughly 2.1 million adults in America identify as transgender, making up around 1% of the country’s total population. Despite this, the transgender identity has become a focus of political debates and made its way onto the U.S. Supreme Court’s docket in U.S. v. Skrmetti. The issue is not whether transgender people exist, but rather, how they ought to exist legally: if and when one can access medical care to pursue a gender transition. While many American doctors agree that these treatments are life-saving, since 2021, a slew of legislation has limited access for adults 18-21 (AMA, 2021). This …

Trawling For Clues: Examining Nefmc Herring Amendment 8, Christopher Santoro

Honors Scholar Theses

In 2007, almost twenty years ago, the Magnuson-Stevens Act changed the landscape of fisheries management in the US. Through the establishment of Fisheries Management Councils (FMCs), it paved the way for top-down management approaches that helped the government combat nationwide declines or collapses in fish stocks. Among the myriad responsibilities of the FMCs was the expectation that amendments to existing fisheries management plans would be a necessity to adapt to modern circumstances. This thesis focuses on New England Fisheries Management Council's (NEFMC's) Herring Amendment 8 (A8). This amendment, passed in 2021, attempts to lay the groundwork for sustainable management of …

Immigrants And The Battle For Our Nation In The Courts, Raquel E. Aldana

University of the Pacific Law Review

No abstract provided.

Unconstitutional Cruelty, Michael R. Ulrich

William & Mary Law Review

Despite the long history of transgender people and transgender care, state legislatures suddenly rushed to pass a wave of bans on gender-affirming medical care for trans youth over a three-year period beginning in 2021—an alarming surge within a flurry of legal attacks on the transgender community. In analyzing the constitutionality of these bans, courts and scholars have focused their attention on how to characterize the nature of the rights implicated, and therefore the level of scrutiny warranted. This focus reacts to, and often follows, the current Supreme Court majority’s approach to questions about the rights of historically oppressed and marginalized …

An Analysis Of Global And Regional Human Rights Standards On Gender-Based Violence, Tamar Ezer, R. Denisse Córdova Montes

Seattle Journal for Social Justice

No abstract provided.

A Mass Disabling Event: Why California Courts Must Protect Workers’ Families From Take-Home Covid, Ellery Armstrong

Seattle Journal for Social Justice

No abstract provided.

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

Too Cruel For School: How Parental Rights Doctrine Can Help Protect Against Book Bans, Tessa K. Wild

William & Mary Law Review

This Note argues that parents’ rights protections are crucial to protecting against broad censorship in public schools, and that if states want to effectively regulate book removals, they should preemptively adopt laws similar to Minnesota’s section 134.51.

[...]

Part I of this Note will provide background information about book removals as a freedom of speech issue, as well as a history of how parents’ rights rhetoric is tied to book-removal issues. Part II will address both the history and legal standards of parents’ rights protections. Finally, Part III, using Minnesota and Utah as case studies, will apply parents’ rights law …