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Articles 991 - 1020 of 362335
Full-Text Articles in Entire DC Network
The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold
The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold
Undergraduate Theses, Capstones, and Recitals
Despite the large number of attorneys in the United States, the disproportionate concentration of attorneys in urban areas leaves rural residents to navigate the complex legal system on their own. This uneven distribution creates ‘legal deserts’, or areas where residents lack access to attorneys. The Southwestern United States has especially dire legal deserts, and Nevada is no exception. While defendants in criminal matters are guaranteed legal representation, parties in civil legal issues are not granted the same right to representation. Civil legal issues largely impact vulnerable populations and can have profound impacts on individuals’ family, economic circumstances, and physical wellbeing. …
Constitutional Inferences On Emerging Technologies: Analyzing Government Overreach, The Fourth Amendment, And Democratic Process In The Age Of Artificial Intelligence, Alan To
McNair Research Journal SJSU
The rapid adoption of artificial intelligence (AI) and machine learning (ML)
technologies by federal agencies presents novel constitutional questions that
existing legal doctrine has not yet adequately addressed. This paper
examines the emerging constitutional dimensions of the 2026 conflict
between Anthropic and the Department of Defense (DOD), in which the
Pentagon demanded unrestricted use of Anthropic's AI model Claude for
domestic mass surveillance and autonomous weapons systems, ultimately
designating Anthropic a supply chain risk when the company refused.
Drawing on three salient constitutional frameworks, specifically the Fourth
Amendment doctrine established in Kyllo v. United States (2001) and
Carpenter v. United …
The Waqf (Amendment) Act 2025: Policy, Politics, And Performance, Noor Ameena
The Waqf (Amendment) Act 2025: Policy, Politics, And Performance, Noor Ameena
Journal of Law and Public Policy
This legislative note examines The Waqf (Amendment) Act at the intersection of religious minority rights and state control. It begins by outlining the concept of waqfs, their significance in the Muslim world, types of waqfs, and modalities of their creation. Providing a brief history of the regulation of waqfs, it highlights the close connection of these Muslim religious endowments with the history of Hindu religious endowments. It evaluates the 2025 legal developments across three key areas: (i) family waqfs, testamentary succession, and gender, (ii) ‘government property’, waqfs, and state appropriation, and (iii) waqf regulation as a potential infringement on religious …
Escaping Quarantine: Marine Hospitals, The Constitution Act, 1867 And Canada’S First Federal Health Care Program, Dan Dwyre
Dalhousie Journal of Legal Studies
Previous scholarship has argued that the enumeration of marine hospitals as a federal head of power in the Constitution Act, 1867 reflected a national concern over immigration and quarantine. This article disputes that. Using primary sources, this paper demonstrates that Canadian marine hospitals were established in port communities to provide for the general health of itinerant merchant sailors, who would otherwise be a burden on local hospitals and charitable organizations. The article concludes that marine hospitals can be viewed in retrospect as one of Canada’s first federal health care programs.
One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard
Dalhousie Journal of Legal Studies
Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …
Informatics In The Real Estate Field, Mohamed Khairi
Informatics In The Real Estate Field, Mohamed Khairi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Heavenly laws, human rights documents, and modern constitutions emphasize the...
Byron Aaron Garcia V. State Of Nevada, 142 Nev. Adv. Op. 42 (Jun. 11, 2026), Lauren Jung
Byron Aaron Garcia V. State Of Nevada, 142 Nev. Adv. Op. 42 (Jun. 11, 2026), Lauren Jung
Nevada Supreme Court Summaries
A probationer is not denied due process when the district court relies on the totality of everything, including the preliminary hearing transcript, prior police investigation report, and probation violation report and police report to revoke probation and impose a suspended sentence.
Explaining Compassionate Release: A Machine Learning Study Of Sentencing Modifications & Judicial Decision Making, Max Alderman, Arash Barfar, Dana Edberg
Explaining Compassionate Release: A Machine Learning Study Of Sentencing Modifications & Judicial Decision Making, Max Alderman, Arash Barfar, Dana Edberg
Loyola of Los Angeles Law Review
In 2018, Congress passed the First Step Act, amending 18 U.S.C. § 3582(c)(1)(A) to permit federally incarcerated individuals to directly petition district courts for early release. In the wake of the COVID-19 pandemic, thousands of individuals did so, citing staggering prison death rates and asserting that further incarceration unjustly imperiled their health. Largely unprepared for the deluge, district courts granted 25.7 percent of those petitions. Without precedent to guide them, their decisions were and remain highly discretionary, based on dozens of interrelated variables and legal factors. Those decisions are also largely insulated from appellate review.
The FSA’s amendments and the …
Guaranteeing A Jury Of One's Peers Beyond A Reasonable Doubt, Grace Voissem
Guaranteeing A Jury Of One's Peers Beyond A Reasonable Doubt, Grace Voissem
Loyola of Los Angeles Law Review
The right to a trial by jury is a foundational cornerstone of American democracy. This right has long been obfuscated by institutional inequality, preventing defendants from receiving a genuinely representative jury of their peers. California legislators proposed Assembly Bills 1452, 1981, and 881 to temporarily increase juror stipends for low-income jurors in select superior courts, hoping to address socioeconomic barriers to jury service. While AB 1452 and AB 1981 were enacted, the Governor vetoed AB 881.
This Note argues that this legislation strengthens the Sixth Amendment by empowering defendants to receive an impartial, representative jury from their community. However, these …
Show Your Rules: Ab 587 And The Future Of Content Moderation Disclosure Laws, Roz Kohan
Show Your Rules: Ab 587 And The Future Of Content Moderation Disclosure Laws, Roz Kohan
Loyola of Los Angeles Law Review
Social media platforms play an integral role in social and political life. They control a large proportion of public speech through their own rules, curation, and freedom to amplify or suppress content as they see fit. California’s AB 587 requires social media platforms to disclose these content moderation policies.
The Ninth Circuit in X Corp. v. Bonta recently invalidated AB 587’s Content Category Report provisions because it compelled commercial speech. This Note explains why this ruling is inaccurate. The Ninth Circuit misapplied Moody v. NetChoice, the key Supreme Court precedent that recognized platforms’ First Amendment protections around their editorial …
The Fourth Amendment In Parallax: Why California's New Speed Cameras Should Prompt Increased Scrutiny For Surveillance Networks, Arman Sookiassian
The Fourth Amendment In Parallax: Why California's New Speed Cameras Should Prompt Increased Scrutiny For Surveillance Networks, Arman Sookiassian
Loyola of Los Angeles Law Review
With the passage of Assembly Bill 645 in 2023, California has authorized speed camera pilot programs in six cities throughout the state. The goal for this legislation is to reduce speeding and speed- related casualties through a network of automated traffic surveillance. By issuing civil fines for speeding violations detected by the camera, the hope is that motorists will reduce their speed on the road.
Though touted as a way to deter speeding motorists, a network of automated cameras invites privacy concerns. The Bill attempts to address these concerns, in large part, by assuring that the photographs and other metadata …
Making, Remaking: India’S Museums And The Imagination Of Citizenship, Deepti Mulgund
Making, Remaking: India’S Museums And The Imagination Of Citizenship, Deepti Mulgund
Socio-Legal Review
The National Museum of the Indian republic, in Delhi, is slated to overtake the Louvre, Paris as the largest museum in the world, as per its expansion plans. Elsewhere in the country, too, a growing interest in seen in displaying, showcasing and deploying culture in the form of mega museums, many backed by private funding. The interest and investment in museum-making, only seems to be growing. Since at least the late-18th century, the art museum in modern polities has been tasked with the project of schooling peoples into citizens. Evaluating the premise that museums produce citizens, this article reflects …
International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo
International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo
International Law Studies
This Situation examines the use of humanitarian corridors during an international armed conflict. While humanitarian corridors are not defined in international law, they have been used both on land and at sea to evacuate non-combatants, allow for the provision of humanitarian relief supplies, and provide for the safe passage of neutral shipping in areas of ongoing conflict.
The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry
The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry
Theses and Dissertations
This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …
The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy
The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy
Theses and Dissertations
This thesis investigates how the non‑penalization principle for irregular border crossing is formally upheld yet effectively undermined in contemporary migration governance. It argues that non‑penalization now operates as a narrow, conditional and status‑dependent “machine” whose protections are fragmented across refugee, smuggling and trafficking regimes and heavily mediated by open‑textured conditions and domestic discretion. Part I reconstructs this doctrinal architecture, showing how key norms convert a humanitarian intuition into limited exceptions within a legal order that otherwise normalizes the criminalization of irregular movement. Part II situates this fragile framework within security‑driven and externalized forms of European border control, where punishment is …
The Invocation Of Article 19 Of The Moroccan Constitution At The Boundary Of The Second Legislature, Abderrahmane Amalou
The Invocation Of Article 19 Of The Moroccan Constitution At The Boundary Of The Second Legislature, Abderrahmane Amalou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes the King of Morocco’s invocation of Article 19 of the Constitution at a critical moment between legislative periods. It examines the constitutional basis, political context, and institutional implications of this use of royal authority, and discusses its significance for Moroccan constitutional practice and the functioning of political institutions.
The Constitutional Sources Of Children’S Rights As General Principles Of Law, Hassan Ouazzani Chahdi
The Constitutional Sources Of Children’S Rights As General Principles Of Law, Hassan Ouazzani Chahdi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines children’s rights as general principles of law and explores their constitutional foundations. It discusses the relationship between constitutional norms, international legal standards, and domestic protection of the child, and analyzes how these sources can support a coherent legal framework for children’s rights.
The Dimension Of Time In Parliamentary Life, Abdelkbir Fikri
The Dimension Of Time In Parliamentary Life, Abdelkbir Fikri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes the role of time as a structuring constraint in parliamentary life. Focusing on Morocco, and particularly on the budgetary process and the finance law, it examines how constitutional deadlines and procedural timetables shape legislative activity and the balance between Parliament and the executive.
The Moroccan Experience In Constitutional Review Of Laws, Abderrahmane El Kadiri
The Moroccan Experience In Constitutional Review Of Laws, Abderrahmane El Kadiri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the Moroccan experience in constitutional review of legislation through comparison with the French model. It reviews the historical development of constitutional review in France, especially under the Fifth Republic, and analyzes the Moroccan institutional framework, legal basis, and competent bodies. It also discusses the impact of constitutional review on lawmaking and on the relationship between the legislative and executive branches.
Engaging Immigrant Families Of Children With Disabilities: Recommendations For Practitioners, Robai N. Werunga, John William Mckenna, Rocio Rosales
Engaging Immigrant Families Of Children With Disabilities: Recommendations For Practitioners, Robai N. Werunga, John William Mckenna, Rocio Rosales
Developmental Disabilities Network Journal
Family involvement is essential for positive school outcomes. Yet research suggests that family engagement for students with disabilities may be marked by conflict. Furthermore, creating an environment that promotes active engagement for immigrant families may be challenging. In this paper, we synthesize existing research, legal guidance, and community-engaged insights to present four practice-oriented recommendations for educators and practitioners working with immigrant families of children with disabilities. Grounded in Hans and Love’s stages of immigrant family engagement, these recommendations aim to support meaningful and culturally responsive participation in special education processes.
Lesion In The Dahir Of Obligations And Contracts, Azzedine Kettani
Lesion In The Dahir Of Obligations And Contracts, Azzedine Kettani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Azzedine Kettani examines the doctrine of lesion (laesio)—gross economic imbalance in a contract—within the Moroccan DOC. He notes that the DOC provides no definition of lesion, nor do other codes. Rather than merely measuring the "wrinkles" of this aging code, Kettani seeks to explore a part of the DOC that has remained intact not because of its robust constitution, but because it has rarely been invoked. Some might argue the DOC was born handicapped, and jurisprudence has failed to improve its deficiencies regarding lesion. Kettani acknowledges he may not be entirely praiseful toward the code or Moroccan jurisprudence, which has …
The President As Agent: Reframing The Major Questions Doctrine, Matthew Collins
The President As Agent: Reframing The Major Questions Doctrine, Matthew Collins
ConLawNOW
On the heels of the Learning Resources v. Trump decision, this Essay argues that agency theory provides an important framework for understanding the major questions doctrine. This perspective has received little attention in legal scholarship. The Essay casts the major questions doctrine in a new light by framing it as a constraint on the president acting as Congress’s agent. By highlighting this bridge between private-law agency principles and public law, the piece offers two novel insights. First, it reconceptualizes the relationship between the major questions and nondelegation doctrines: the former addresses the unfaithful execution of Congress’s directives by the executive …
Evaluating Legal Frameworks For The Protection Of Consumers Of Digital Financial Services: Global Trends And Their Significance For Vietnam, Ha Son Nguyen, Lanh Dinh Cao, Nguyen Dinh Phan
Evaluating Legal Frameworks For The Protection Of Consumers Of Digital Financial Services: Global Trends And Their Significance For Vietnam, Ha Son Nguyen, Lanh Dinh Cao, Nguyen Dinh Phan
International Journal on Consumer Law and Practice
The development of digital financial services (DFS) in the context of global digital transformation poses fundamental challenges for the legal framework for consumer protection, particularly in developing countries such as Vietnam. This article argues that the sectoral approach currently adopted in Vietnam, with rules dispersed across various specialized statutes, has created a structurally significant legal gap, a lack of consistency in protection standards, and limitations on effective coordination among regulatory authorities. It thereby undermines the law’s capacity to protect consumers in the highly cross-sectoral environment of digital finance.
Through an analytical and comparative approach that draws on the experiences of …
Soaring To New Heights Through The Lens Of The Scarlet Macaw–A Post-Loper Bright Interpretation Of The Endangered Species Act’S “Significant Portion Of Its Range” For A Climate-Driven “Foreseeable Future”, Kathryn Wood
San Diego Journal of Climate & Energy Law
This Comment will argue for particular interpretations of “significant portion of its range” and “foreseeable future” under the ESA to prioritize species preservation in the face of climate change.
The analysis begins by describing key aspects of the ESA, including its historical background, its conceptual definitions, its prescribed method for determining endangered species and threatened species, its listing process, and critical habitat requirements. This Comment then discusses climate change as a source of threat and endangerment “within the foreseeable future,” and whether acts worsening climate change can constitute an unlawful taking. Next, this Comment considers how the Supreme Court’s decision …
Brief Of Amicus Curiae Of The National Law School Veterans Clinic Consortium, In Support Of Petitioner, Johnson V. United States Congress, No. 25-735 (U.S. Supreme Court), Yelena Duterte
Court Documents and Proposed Legislation
No abstract provided.
International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama
International Commitments Of Japan’S Prefectures With Foreign States: Empirical Patterns, Authority, And Legal Nature, Yuhei Matsuyama
Brooklyn Journal of International Law
Under international law, sovereign states are the primary subjects of rights and obligations and possess the authority to conclude treaties. Domestic constitutions typically allocate foreign affairs powers to national governments. Nonetheless, subnational governments—including prefectures—regularly engage in international activities. In some federal systems, constituent units are expressly authorized by their constitutions to conclude international agreements. By contrast, the Constitution of Japan vests foreign affairs authority exclusively in the national executive and is silent on the authority of prefectural governments. This Article uncovers and analyzes approximately 180 previously unexamined international commitments concluded by Japanese prefectural governments with foreign states, identified through information …
Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari
Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari
Brooklyn Journal of International Law
High frequency trading has transformed global financial markets, introducing both efficiency gains and significant regulatory concerns. This Note analyzes the divergent approaches of the United States and China in regulating high frequency trading, focusing on how each system addresses issues of market manipulation, information asymmetry, and systemic risk. It contends that the United States’ reliance on outdated and indirect regulatory mechanisms, such as Regulation NMS, has failed to keep pace with technological advancements. In contrast, China’s more recent and targeted regulatory framework provides clearer guidance and stronger oversight of high frequency trading practices. This Note concludes that a hybrid approach, …
Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko
Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko
Brooklyn Journal of International Law
The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen
Brooklyn Journal of International Law
This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …
Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.
Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.
San Diego International Law Journal
Despite entering the United States legally as children through intercountry adoption, thousands of American adoptees face deportation as adults because their parents failed to finalize their citizenship. Many of these adoptees have no meaningful linguistic, cultural, or familiar ties to their birth countries, and most have lived in the United States practically their entire lives. This Article explores the legal implications regarding the deportation of intercountry adoptees. More specifically, this Article argues that the deportation of intercountry adoptees reflects a grave systemic failure that violates international human rights law, rather than a mere shortcoming of domestic immigration policy.
Consulting various …