Digital Commons Network^™

Penetrating The Veil: Why Congress Regulating The Sperm Donation Process Is Not Nuts!, Matthew Leung

San Diego Law Review

The Commerce Clause is one of the strongest and most expansive powers granted to Congress under the U.S. Constitution.  While its strength has fluctuated throughout history, its power will undoubtedly be important in tackling modern problems, including regulating the Wild West of sperm donation.  The rapid expansion of the commercial sperm banking industry and the rise in the need for sperm donors have exposed significant regulatory gaps in the United States.  Although these groups support family formation for individuals facing infertility, same-sex couples, and single parents, federal oversight is largely limited when screening donors.  As a result, critical issues, including …

Chancery Court Takes Pro- “Sandbagging” Position, Underscoring Delaware’S Commitment To Honoring The Risk-Allocation Decisions Made By Parties In Negotiating M&A Agreements, Robert S. Reder, Miranda J. Moore

Vanderbilt Law Review En Banc

No abstract provided.

The Last Casebook Hero, Stephen J. Choi, Mitu Gulati

Vanderbilt Law Review En Banc

No abstract provided.

Bibliographie, Poej, Pierre Vialle

Proche-Orient, Études juridiques

No abstract provided.

Le Droit Des Sociétés Anonymes Dans Certains Pays Arabes Du Proche-Orient – Étude Comparée, Michel Soumrani

Proche-Orient, Études juridiques

No abstract provided.

Le Refus De Paiement Par Une Banque D’Un Compte Créditeur Ne Réalise Pas En Soi L’État De Cessation Des Paiements De La Dite Banque Au Regard De La Loi N° 2/67, Michel Soumrani

Proche-Orient, Études juridiques

No abstract provided.

Les Monarchies De La Péninsule Arabique : Conditions De La Survie, Ghassane Salamé

Proche-Orient, Études juridiques

No abstract provided.

Les Mécanismes De Protection De La Liberté De Conscience Dans Un État Multi‑Communautaire : L'Exemple Libanais, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.

La Protection Des Droits Fondamentaux Par Le Conseil D'État Du Liban, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Le Point De Départ Du Délai Du Recours Pour Excès De Pouvoir À La Suite D'Une Déclaration D'Utilité Publique En Droit Libanais, Elias Haswany

Proche-Orient, Études juridiques

No abstract provided.

La Décentralisation Territoriale : Contribution À Un Débat Politique Et Administratif Fondamental, À Partir De L'Exemple Français, A.-H. Mesnard

Proche-Orient, Études juridiques

No abstract provided.

Narrowing The Path To Justice: The Impact Of Pulsifer On The First Step Act And Federal Sentencing Reform, Olivia Santora

St. John's Law Review

(Excerpt)

The Supreme Court’s decision in Pulsifer resolved a critical circuit split regarding the scope of the safety valve provision, but did so in a way that denied hope of reduced sentences for thousands of incarcerated individuals. The case centered on a statutory interpretation question: whether a defendant becomes ineligible for safety valve relief if they meet any one of the three criminal history conditions—A, B, or C—or only if they satisfy all three conditions simultaneously.  The Court sided with the narrower interpretation, holding that meeting any one condition disqualifies a defendant from an opportunity for relief.

This distinction …

An End To Ends?: Rethinking The Adjudication And Regulation Of Flavored Electronic Nicotine Delivery Systems In The United States, Elizabeth Sack

St. John's Law Review

(Excerpt)

This Note will characterize the jurisdictional nuances underlying courts’ adjudication of flavored ENDS premarket tobacco product applications (“PMTAs”). Part I will detail how Congress has legislated and delegated standard tobacco and ENDS regulation to the FDA. Additionally, Part I will discuss the biochemical pathways and harm-reduction mechanisms currently associated with ENDS. Part II will review how circuit courts have handled ENDS manufacturers’ challenges to the FDA’s denials of their PMTAs. Part III will argue that the FDA must make efforts to streamline the guidance it provides ENDS manufacturers. It will recognize that the FDA’s priorities to encourage smoking prevention …

Bridging Troubled Waters: Simplifying New York’S Riparian Property And River Access Laws, John Eikamp

St. John's Law Review

(Excerpt)

Part I of this Note provides a review of New York’s riparian property laws, beginning with the English common law and ending with Douglaston Manor v. Bahrakis. Part II provides an analysis of OGC-9 and its failures as an extension of the Douglaston Manor decision. Part III proposes that, to resolve this dysfunction, Douglaston Manor must be abrogated, at least in part, by statute. The statute, drawing on the laws of other states and the federal government, and informed by expert opinion, must set forth a list of the state’s navigable waterways so that anglers are no longer …

The Dormant Territorial Clause, Anthony M. Ciolli

St. John's Law Review

(Excerpt)

This Article explores the metes and bounds of the Dormant Territorial Clause, that is, the implicit constitutional limitation on state authority to address issues that implicate United States territories but otherwise fall within the traditional purview of state government. Part I explores the threshold question of whether a Dormant Territorial Clause even exists, ultimately concluding that the explicit positive grant of power to Congress to make needful rules and regulations for the territories must restrict the authority of state governments, even when Congress has not expressly acted. Part II then ascertains the principles that should apply to a Dormant …

Continued: Celebrating Alumni In The Judiciary, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Thank you, Judge. It is now my privilege to introduce Professor John Q. Barrett, the Benjamin N. Cardozo Professor of Law. Professor Barrett is a nationally recognized scholar of Constitutional Law, Criminal Procedure, and Legal History. He is also the Elizabeth S. Lenna Fellow at the Robert H. Jackson Center, where his work focuses on Justice Robert Jackson’s legacy and the Nuremberg Trials.

Convocation, The Honorable Genine Johnson Edwards

St. John's Law Review

(Excerpt)

Judge Edwards delivered a brief convocation to begin the event.

Opening Remarks: Celebrating Alumni In The Judiciary, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Good evening and welcome! I am deeply honored to address such a distinguished group of alumni, our alumni who serve as judges— perhaps the most important role a lawyer can have. Law professors may argue with that, but I think tonight we can let the judges have it!

But, seriously—today, perhaps more than ever, we recognize how profoundly judges—especially those who graduated from St. John’s Law—shape our profession with distinction and unwavering integrity. Your excellence on the bench—your courtroom presence, your thoughtful judgments and opinions, and your steadfast dedication to St. John’s Law—all reflect tremendously upon our law school …

Zero-Sum Empathy: The Supreme Court's 2025 Term Decisions On Gender Identity, Susan Etta Keller

ConLawNOW

This past term, the Supreme Court majority continued to follow a pattern of rendering transgender individuals essentially invisible in the cases that concern their rights. In last year’s United States v. Skrmetti, the transgender youth affected by the ban on transgender care were largely absent from the majority opinion holding that such bans discriminated on the basis of neither sex nor transgender status. This term, the majority continued a similar trend, deciding two cases on the emergency docket that ignored the lived experience of transgender individuals while significantly affecting them, and one case on the merits, West Virginia v. …

Propuesta Metodológica Para La Evaluación De La Pobreza Energética En Chiapas, México, Mario Alejandro Sánchez Trujillo, Pascual López De Paz, Marcelino García Benítez, Amina El Mekaoui, Bassam Alí, Jesús Francisco Escalante Euán

Journal of Maya Heritage

Resumen. El acceso inequitativo e insuficiente a servicios energéticos de calidad constituye uno de los principales obstáculos para el desarrollo socioeconómico y el bienestar humano en México, siendo el estado de Chiapas una de las entidades con mayor vulnerabilidad socioambiental. Este trabajo presenta una propuesta metodológica cuantitativa y geoespacial para evaluar la pobreza energética de las siete subprovincias fisiográficas de Chiapas. La metodología combina datos de censos de población y vivienda 2020 (INEGI), la estandarización Min-Max, el análisis de correlación de Pearson y el análisis de componentes principales (PCA) para la construcción de un índice de pobreza energética (IPE) multidimensional. …

The Myth Of Evenhanded Administration: Integrating Individual Heterogeneity Into Benefit–Cost Analysis, Richard L. Revesz, Burçin Ünel, Sarah Wheaton

Duke Law Journal

In 2025, the Trump administration ended long-standing efforts to determine the extent to which pollution has disproportionate impacts on different communities, including overburdened and disadvantaged communities. But, at the same time, it reaffirmed its commitment to performing benefit–cost analysis to analyze the consequences of regulations. These approaches are mutually inconsistent. A proper benefit–cost analysis simply cannot be done without considering the distribution of a policy's impacts.

Generally, benefit–cost analyses are conducted based on impacts on an average member of the population—that is, a person with median characteristics. Often, however, the populations affected by government policies vary from the median in …

Moving Beyond Comparators: Rethinking Title Vii Intersectional Claims, Virali Patel

Duke Law Journal

Title VII promises to protect employees from discrimination based on race, color, religion, sex, or national origin. However, for plaintiffs who assert claims on the basis of more than one identity, that promise often falls apart in court. This Note argues that the comparator requirement is part of the issue. Courts often demand that plaintiffs point to a "similarly situated" coworker who both was treated better and resembles the plaintiff in almost every respect but for the protected trait. Because antidiscrimination doctrine most commonly analyzes race and sex as separate, non-overlapping categories, intersectional plaintiffs face an evidentiary bind: Comparators available …

Overbreadth, Facial Validity, And The Nature Of First Amendment Rights, Randy J. Kozel

Duke Law Journal

The doctrine of First Amendment overbreadth instructs judges to treat certain statutes as unenforceable even if they have lawful applications. The theory is that if a statute restricts too much protected speech, it is invalid on its face. The fact that it has some lawful applications will not save it.

This Article seeks to redefine the relationship between overbreadth, facial invalidity, and judicial review of speech restrictions. It disentangles overbreadth concerns from facial defects, shifting the focus to the underlying sources of constitutional infirmity. The Article's central claim is that it is impossible for a statute to fail as overbroad. …

Grants Pass And Its New Defendants: Looking To Drug Courts To Improve Homeless Courts, Paige Kupas

Duke Law Journal

The U.S. Supreme Court's 2024 decision in City of Grants Pass v. Johnson was consequential both for the judicial system and for homeless defendants. The Court's holding that ordinances punishing sleeping and camping outside were not cruel and unusual punishments under the Eighth Amendment opened the floodgates for municipalities to either pass or enhance enforcement of such ordinances. What followed was an increase in the number of homeless defendants in the court system. Not only does this Grants Pass result put more pressure on already overburdened court dockets, but it also exacerbates an already broken system in which the most …

Fines, Fees, And The Carceral Economic Conditions Of Public Education, Thalia González

Washington and Lee Law Review Online

In this Article, I apply an expanded concept of education carcerality to identify and analyze a largely unexamined modality of punitive economic governance—intra-system educational fines and fees. Distinguished from other forms of childhood financial sanctions, including the criminalization of ordinary child and adolescent behavior in schools through the use of municipal fines and fees, these carceral-penal practices are exclusively defined, imposed, and collected within school systems themselves. Drawing on original data from 101 publicly available policies governing the two largest school districts by student population in each state and the District of Columbia, this Article contributes to the literature with …

Life After Moelis: A Trulia Moment For Governance Claims?, Kyle A. Pinder

Washington and Lee Law Review Online

At the height of the merger-tax litigation bubble, the Delaware Court of Chancery issued its In re Trulia Stockholder Litigation decision, which disincentivized meritless M&A disclosure claims. Similarly, for the past several years, Delaware corporations have faced a wave of facial validity challenges to charter, bylaw, and governance-agreement provisions. Most of these claims end the same way: The corporation amends the challenged provision and pays a mootness fee, often while maintaining that the provision was lawful all along. Two recent Delaware Supreme Court decisions may disrupt that sequence. Kellner v. AIM ImmunoTech Inc. confirmed that a facial validity challenge fails …

Deportation By Deception: Coerced Administrative Voluntary Departures And The Illusion Of Choice, Fonda Pham

Washington and Lee Law Review Online

Administrative voluntary departure allows noncitizens facing removal to leave the United States by waiving their right to a hearing before an immigration judge. Although this process provides noncitizens with a quicker alternative to a lengthy removal hearing, the process is not always as “voluntary” as its name suggests. Over the past four decades, noncitizens have alleged that immigration officers threatened and intimidated them in order to obtain waivers of consent, including threats against family members, prolonged detention, and physical abuse. Although the Fifth Amendment of the Constitution states that all persons physically present in the U.S. must receive due process …

The Law Of General Average, Luca Anderlini, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Part of a ship’s cargo is jettisoned in order to save the vessel and the remaining cargo from imminent peril. How should the loss be shared among the cargo owners? The law of general average, an ancient principle of maritime law, prescribes that the owners share the loss proportionally according to the respective values of their cargo. We analyze whether the law of general average is a truthful and efficient mechanism. That is, we investigate whether it induces truthful reporting of cargo values and yields a Pareto efficient allocation in equilibrium. We show that the law of general average is …

Opinion: Proposed Section 107 Of The Canada Labour Code, Valerio De Stefano

Conference Papers

This opinion assesses the proposed amendment to section 107 against the standards developed by the ILO supervisory bodies and the UN Committee on Economic, Social and Cultural Rights (CESCR) under Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The proposed amendment appears incompatible with the limits developed by the ILO supervisory bodies on governmental termination of lawful strikes and compulsory arbitration and is difficult to reconcile with CESCR practice under Article 8. International standards permit restrictions on strike action in defined exceptional circumstances, but proposed section 107 would authorise the termination of an otherwise lawful …

Les Réformes Récentes En Matière D’Expropriation, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.