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Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Microlocal Litigation For A Mass Tort World, Sarah L. Swan

DePaul Law Review

No abstract provided.

Physicists As Environmental Experts, Rachel Rothschild

DePaul Law Review

No abstract provided.

Between Science And Administration: Regulatory Epistemology, Corporate Influence, And Endocrine-Disrupting Chemicals, Colleen Lanier-Christensen

DePaul Law Review

No abstract provided.

Industrywide Corruption In Three American Industries, Stephan Landsman

DePaul Law Review

No abstract provided.

Farm Until It’S Gone: Industrial Animal Agriculture And The Limits Of Law, Douglas A. Kysar

DePaul Law Review

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Jenner & Block V. U.S. Dep't Of Justice, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000916-Jdb), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff’S Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert

Amicus Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Limiting Step Therapy On Mental Health Medications: Why A More Expansive Approach Is Needed, Joseph Keller

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

We’Re All In This Together: A Proposal For Stronger Response To Invasive Plant Species, Marisa Nardelli

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Project 2025 And Due Process After Dobbs, Tracy Turner

ConLawNOW

Project 2025 supporters have been appointed to prominent federal offices in the second Trump Administration. This includes, most notably, the Office of Management and Budget, for a key strategy of implementing the Project’s goals is manipulation of federal funding. This Essay explores what this might mean for women’s rights and suggests a legal theory with which to challenge Project initiatives. Project 2025 repackages a platform that is fully anti-feminist. It is not a new platform. It is the same set of tools that has been used against feminism since the movement’s inception. It expansively seeks policy changes for abortion, contraception, …

Unravelling The Metaverse Matrix: Navigating Privacy Protection Within Modelling And Simulation Platforms, Eugenia Georgiades, James Birt

Washington Journal of Law, Technology & Arts

This article examines how personal data are regulated in emerging modelling and simulation environments, including computer games, mobile apps, and digital twin platforms. This article centers on a specific type of simulated and modelling environment, namely the metaverse. This article considers the privacy issues that arise when people subscribe to and participate in modelling and simulation platforms where vast amounts of data are collected, disclosed and stored. Such data may be vulnerable to misuse by the platform and third parties. This article considers Meta’s “horizons metaverse” platform as a case study for an immersive modelling and simulation platform. It examines …

Brief Of Amici Curiae Scholars For The Advancement Of Children's Constitutional Rights And Students Engaged In Advancing Texas In Support Of Respondents, Mahmoud V. Taylor, U.S. Supreme Court (No. 24-297), Tanya Washington, Jeremiah Chin, Sarah Medina Camiscoli, Travis F. Chance, Amalia Y. Sax-Bolder, Catherine E. Smith

Court Briefs

Amici are members of Students Engaged in Advancing Texas and United States legal scholars of children and the law, education law, family law, and anti-discrimination law.

Students Engaged in Advancing Texas is a nonprofit organization founded by young people to develop civic leadership and belonging and represents students of various faiths and identities who have an interest in the outcome of this case.

Amici draw this Court’s attention to the constitutional harms that public school students and LGBTQ+ students and students with LGBTQ+ parents would bear should the Court grant Petitioners’ injunctive relief.

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights And Students Engaged In Advancing Texas In Support Of Respondents: Mahmoud V. Taylor, Catherine E. Smith, Tanya Washington, Jeremiah Chin, Sarah Medina Camiscoli, Travis F. Chance

Scholarly Articles

Amici are members of Students Engaged in Advancing Texas and United States legal scholars of children and the law, education law, family law, and anti-discrimination law.

Students Engaged in Advancing Texas is a nonprofit organization founded by young people to develop civic leadership and belonging and represents students of various faiths and identities who have an interest in the outcome of this case.

Amici draw this Court’s attention to the constitutional harms that public school students and LGBTQ+ students and students with LGBTQ+ parents would bear should the Court grant Petitioners’ injunctive relief.

Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman

University of Miami International and Comparative Law Review

Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …

Okefen-Not-Okay: Georgia’S Wetlands Are In Danger, Constance Burton

Georgia State University Law Review

Wetlands are considered the kidneys of the earth’s ecosystem. Their complex hydrologic systems work to clean pollutants from surface and ground water—water that often ends up as drinking water. Since the 1940s, Congress has recognized the importance of clean water in our everyday lives, and it has passed several water protection laws including the Clean Water Act. The Clean Water Act requires a permit for any activity that discharges dredge or fill material into “waters of the United States.” However, environmentalists and private landowners were at odds on how broad the Environmental Protection Agency and Army Corps of Engineers could …

Shellfish Regulation: Conservation And Discrimination, Maine Law Review

Maine Law Review

The economy of many coastal states depends heavily upon the shellfish industry. Shellfish such as lobsters and clams are an especially important marine resource for these states. In recent years, however, the supply of shellfish has experienced substantial declines. State laws that permit the harvesting of lobsters prior to sexual maturity, for example, have made the lobster industry dependent on the yearly additions to the lobster supply. The increasing demands for shellfish as well as the pollution of areas such as coastal clamflats have also contributed to the serious depletion of the shellfish resources in many areas. Despite the possible …

Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review

Maine Law Review

In an ideal world of abundant natural resources, homogeneously distributed among nations, the issue of marine boundary delimitation would have little significance within the international community. However, the realities of randomly concentrated and limited resources, complicated by the political geography of the oceans, have made maritime boundary delimitation a crucial international issue. In a world of more than 130 coastal nations, the determination of standards for allocation of living and non-living ocean resources within the fertile offshore areas has become an issue of widespread economic importance. Nonetheless, the international community has developed few concrete and specific rules for marine boundary …

The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review

Maine Law Review

Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …

Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz

Maine Law Review

Alan Bakke, an unsuccessful medical school applicant, filed suit challenging the constitutionality of the minority admissions program administered by the Medical School of the University of California at Davis. The practice of reserving sixteen special places for minority students out of a total of 100 positions in the entering class, Bakke contended, constituted a denial of the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution. Bakke's suit afforded the justices of both the California Supreme Court and the United States Supreme Court a unique opportunity to examine the substantive nature of the "equality" …

The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry, Caleb Graham

Georgia Journal of Law & Technology

This paper observes and analyzes the current discussion around the exuberant use of non-compete clauses in the business world by placing a focus on the hospitality industry and why, in an time where we are witnessing the demonization of non-competes it might be prudent to revisit and enhance trade secret laws to make them better equipped to handle the caseload that would inevitably come should non-competes be banned by the FTC. While the near-ban or complete ban of non-competes would certainly affect other industry fields and bodies of law, the hospitality industry is one that has been particularly scrutinized as …

Flaws In The Preemption Defense To Liability Claims Against Generic Drug Manufacturers, Lars Noah

University of Miami Law Review

More than a dozen years have passed since the U.S. Supreme Court decided that federal preemption protects manufacturers of generic (but not brand-name) drugs from most types of products liability claims. This seemingly arbitrary distinction sprang from a peculiarity in the regulations of the U.S. Food and Drug Administration (FDA). That agency soon thereafter proposed to modify its rules in order to eliminate this asymmetry in how the implied preemption defense worked to bar inadequate warning claims, but its effort ultimately failed, while lower courts have confronted some creative efforts to circumvent the special protection enjoyed by generic drug manufacturers. …

In Search Of The Best Policies For Translational Geroscience, Tom W. Bell, Kalon Boston

UC Law Science and Technology Journal

Though it once seemed like an inevitable fact of life, geroscience can now credibly promise to slow and even reverse aging. New geroscience treatments offer the prospect of large increases in human welfare and will attract huge demand. How can governments best support research, development, and commercialization of the field? The answer will depend on many factors, including public policies, supply-side resources, and market size. This paper focuses on the first factor, seeking the best public policies for translating geroscience from bench to bedside. It begins with a review of current geroscience policy, identifying the rules and institutions that help …

Security Or Suppression? Rethinking U.S. Policies Regarding Foreign Tech Firms And National Security, Gordon Mccreadie, Cade Morris

Brigham Young University Prelaw Review

Increasingly adversarial relationships between the United States and countries such as China, Russia, and Iran have resulted in legislative efforts to ensure the National Security of the United States by banning foreign technology firms deemed to pose a threat. Certain high profile bans, such as the ban of Huawei and potential ban of Tik Tok, have raised concerns that these bans are motivated by factors other than a legitimate national security threat. Failure to protect the rights of affected foreign firms could result in an anticompetitive, isolated U.S. market. This paper will analyze the legality of different efforts to ban …

Incrimination Of Carlton Lewis, Kaia L. Fox

SACAD: Scholarly Activities

On February 7, 1990, Cheryl Coleman was found dead in her apartment, sexually assaulted and beaten to death with a 2x4 piece of wood. Carlton Lewis became one the of few suspects in the case. Despite providing a statement that he was at his home at the time of the murder and the word of his wife, a suspect named William McKee was interviewed and said he saw Lewis go to a house on the corner of the street with Coleman. After McKee was interviewed, Lewis, who was illiterate at the time, was forced into a false confession by being …

The Pathway To And Consequences Of Foster Parent Intervention In Dependency Cases, Gillian Katz Lamon

UC Law Journal

Over the last 50 years, federal child welfare legislation has wrestled with how to reconcile the competing goals of the child welfare system: child protection, family preservation, and permanency. The United States foster care system has evolved alongside transformations in private adoptions. As the prospects for private adoption have dwindled, the pendulum has shifted toward prioritizing child protection. Youth in foster care have suddenly become the private adoption alternative. Most recently, some state courts have granted foster parents standing to intervene in termination of parental rights proceedings. In those cases, foster parents are permitted to battle with natural parents for …

Weaponizing Ai, Stephen T. Black

UC Law Science and Technology Journal

No abstract provided.

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

Long Live The Good King: Arthur’S Niebuhrian Kingship And Pursuit Of Justice In The Once And Future King, Camille Bewley

Harding Undergraduate Research Conference

The classic The Once and Future King, written by T.H. White, is a selection of four fantasy novels with one, linear plot: the story of Arthur, the mythological King of England. Reinhold Niebuhr’s book Moral Man and Immoral Society details the Christian realism of a world in need of justice without the ability to achieve perfect application. Through good education, Arthur is well endowed with Niebuhr’s requirements for a functional society: knowledge, honor, wisdom, and compassion. Such king-like qualities make him one of the most influential mythological characters in history, and a grand exemplar for maintaining ethical goals and personal …