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The Sealed Palace: How Direct Access To The Supreme Constitutional Court Can Bridge The Gaps In Constitutional Review In Egypt, Ahmed Sameh Fahmi Jun 2025

The Sealed Palace: How Direct Access To The Supreme Constitutional Court Can Bridge The Gaps In Constitutional Review In Egypt, Ahmed Sameh Fahmi

Theses and Dissertations

This thesis examines the limitations of Egypt’s current constitutional review system and argues for the introduction of a direct access mechanism to the Supreme Constitutional Court (SCC). Under Egypt’s centralized model of judicial review, individuals are restricted to indirect access through ordinary courts, which has resulted in significant procedural and substantive inefficiencies. The referral-based mechanism of judicial review of legislation has caused delays in adjudicating constitutional claims, the insulation of certain laws from review, legislative omissions, and excessive gatekeeping by lower courts. Through a comparative analysis of direct access models in Colombia, Germany, Turkey, and South Africa, the thesis identifies …


The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid Jun 2025

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …


Compelled Speech, Speaker Preception, And Plausibility, David S. Han Jun 2025

Compelled Speech, Speaker Preception, And Plausibility, David S. Han

Florida Law Review

In Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, a baker raised a compelled speech claim when his bakery was sanctioned by the Colorado Civil Rights Commission for refusing to make a customized cake for a same-sex wedding. This argument raised a number of difficult questions regarding the existence, attribution, and interpretation of speech that the Supreme Court ultimately left unanswered. Is making a customized cake protected “speech” for First Amendment purposes? When a baker makes a customized cake for a wedding, what exactly does that cake communicate (if anything)? And to whom should any message expressed by the …


Caste Discrimination In Ny - Starting A Conversation, Pranathi Charasala, Gali Racabi Jun 2025

Caste Discrimination In Ny - Starting A Conversation, Pranathi Charasala, Gali Racabi

Cornell Law Faculty Working Papers

Despite rapid socioeconomic ascent of Indian Americans in the U.S., caste hierarchies continue to structure inequality within the Indian diaspora. This working paper examines caste discrimination in contemporary New York, situating it within broader civil rights frameworks and legal precedents. Drawing from headline cases, emerging local laws, and collective bargaining agreements, the paper shows how caste operates as a social category—legally unrecognized yet experientially real. It explores both the possibilities and pitfalls of folding caste into existing categories like race, color, national origin, and religion, while grappling with arguments that frame caste protections as anti-Hindu bias. The paper concludes with …


The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law Jun 2025

The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Four Cardozo alumni were recognized by The Hollywood Reporter in its 2025 lists of top entertainment attorneys. Sasha Levites ’11 and Rachel Strom ’06 were named among New York’s Biggest Entertainment Attorneys, while Marc H. Simon ’01 and Gregory Slewett ’02 were included in Hollywood’s Top 100 Attorneys. Their achievements highlight Cardozo’s national strength in Intellectual Property and Entertainment Law, with alumni shaping major film, television, media, and digital industries.


The Corporate Governance Of The Biggest Corporations You’Ve Never Heard Of, Aaron M. Schutt Jun 2025

The Corporate Governance Of The Biggest Corporations You’Ve Never Heard Of, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act (ANCSA) in 1971, it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. ANCSA subjected these corporations to Alaska’s corporate governance framework, including the laws and regulations governing corporate elections. This Article examines the statutory and regulatory requirements applicable to ANCSA corporations, including the various requirements around ANCSA corporation annual shareholder meetings. It also analyzes relevant state and federal case law interpreting and applying these requirements. Finally, the Article explores the rights and responsibilities of corporate directors and officers, as well as the …


Rediscovering Alaska’S Right To Housing, Helen Malley Jun 2025

Rediscovering Alaska’S Right To Housing, Helen Malley

Alaska Law Review

In the wake of Grants Pass v. Johnson, state constitutions provide an alternative avenue to protect the rights of people experiencing homelessness. While some states contemplate amending their constitutions to encompass a right to housing, this Article argues that such a right already exists in the Alaska Constitution. Article VII, Sections 4 and 5 explicitly direct the legislature to provide for the public health and welfare, and Article I, Section 22 recognizes all Alaskans’ fundamental right to privacy. When read together, these provisions provide for a dual right to housing, encompassing both an affirmative right to adequate and affordable housing, …


Appeal No. 1041: Mitchell D. Edie And Darla Edie, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2025

Appeal No. 1041: Mitchell D. Edie And Darla Edie, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.


Note From The Editor Jun 2025

Note From The Editor

Alaska Law Review

No abstract provided.


Making Alaskans Whole: How Regulators Can Restore Trans-Alaska Pipeline System Lands And Recover Billions For The Public, Catherine H. Rocchi, Philip A. Wight, Michael Loughran Jun 2025

Making Alaskans Whole: How Regulators Can Restore Trans-Alaska Pipeline System Lands And Recover Billions For The Public, Catherine H. Rocchi, Philip A. Wight, Michael Loughran

Alaska Law Review

This Article examines the dismantlement, removal, and restoration requirements associated with the Trans-Alaska Pipeline System (TAPS). These decommissioning obligations, rooted in the right-of-way lease agreements between state and federal agencies and the pipeline owners, require the lessees to remove pipeline infrastructure and restore Alaskan lands at the end of the pipeline’s useful life. Yet the regulatory structures governing TAPS decommissioning are deficient in several respects. Regulators have failed to safeguard decommissioning collections using a designated fund or a comprehensive liability regime. An opaque and overly permissive approach to transfers of ownership between the TAPS carriers has substituted private agreements for …


Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler Jun 2025

Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler

Alaska Law Review

This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In 2018, the Denali Commission completed the Final Environmental Impact Statement for Alaska’s first community-driven village relocation of the millennium, facilitating construction of essential infrastructure at Mertarvik, the relocation site for the village of Newtok. However, the Denali Commission chose to exclude a full-scale decommissioning plan for Newtok’s existing infrastructure. Today, more than seventy-three Alaska …


Sb 86/Hb 99: Navigating Alaska’S Digital Renaissance – A Strategic Approach To Virtual Currency Regulation, Nihit Desai, Alice Cao Jun 2025

Sb 86/Hb 99: Navigating Alaska’S Digital Renaissance – A Strategic Approach To Virtual Currency Regulation, Nihit Desai, Alice Cao

Alaska Law Review

Alaska is navigating a transformative phase in its regulatory approach to virtual currency transmission, driven by the rapid growth of the fintech industry and the unique economic and geographic challenges faced by its residents. As the number of virtual currency transactions in Alaska has surged dramatically over recent years, the State’s existing money transmission framework—rooted in laws designed before the rise of cryptocurrencies and internet-based financial services—has proven insufficient to address this evolving landscape.

In light of the wide adoption of virtual currency by consumers, Alaska has implemented targeted amendments to its Administrative Code and proposed the Alaska Uniform Money …


The Future Of Alaska’S Wetlands In A Post-Sackett World, Johanna Crisman Jun 2025

The Future Of Alaska’S Wetlands In A Post-Sackett World, Johanna Crisman

Alaska Law Review

In 2023, the United States Supreme Court decided Sackett v. Environmental Protection Agency, which effectively restricted the United States Army Corps of Engineers’ (“USACE”) and the Environmental Protection Agency’s (EPA) ability to regulate development of wetlands. The State of Alaska submitted an amicus brief to the Court on behalf of the petitioners, the Sackett family. In the wake of the decision, Governor Dunleavy praised the decision by the Court, emphasizing that the decision provided the state more autonomy over its own wetlands. Still, there is concern by environmentalists that the State does not have the resources to protect the wetlands …


Appeal No.1032: K. Petroeum, Inc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2025

Appeal No.1032: K. Petroeum, Inc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.


Symposium Introduction: Interrogating The Hidden Curriculum: Implications For Formation Of Professional Identity, David I. C. Thomson Jun 2025

Symposium Introduction: Interrogating The Hidden Curriculum: Implications For Formation Of Professional Identity, David I. C. Thomson

Sturm College of Law: Faculty Scholarship

This article provides an introduction to the Symposium, which was held at the University of Denver's Sturm College of Law on September 22 - 23, 2023. The Symposium brought together law professors who have taken up the call in the Carnegie Report and the ABA Accreditation requirement that we make broad and integrated effort to provide opportunities for law students to form their professional identities as future attorneys while they are in law school. The law professors invited to participate in the Symposium have worked and written in the area of professional identity for lawyers for many years, and are …


Police Officer Recruitment And Retention: How Can The Problem Be Solved, Paul R. Eagleston Jun 2025

Police Officer Recruitment And Retention: How Can The Problem Be Solved, Paul R. Eagleston

Doctoral Dissertations and Projects

This grounded theory study aimed to understand the issues with police officer recruitment and retention for police administrators nationwide. The theory guiding this study was the grounded theory approach by Glaser and Strauss (1967) as it relates to the reasons for the loss of interest in law enforcement, including an increase in officers resigning before retiring. Data collection will explore if the police administrator being interviewed has experienced increased difficulties in recruiting potential candidates to fill vacancies and an increase in police officers in their department resigning before retirement. Data was collected through semi-structured interviews with law enforcement administrators. Recruitment …


The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel Jun 2025

The Benefits Of The Fourth Amendment’S Property-Rights Baseline, Nicholas A. Kahn-Fogel

Villanova Law Review (1956 - )

No abstract provided.


Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner Jun 2025

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.


Lost Without A Cause: The Sixth Circuit’S But-For Standard For False Claims Act Violations Harms Healthcare Fraud Enforcement, Margo Chapin Jun 2025

Lost Without A Cause: The Sixth Circuit’S But-For Standard For False Claims Act Violations Harms Healthcare Fraud Enforcement, Margo Chapin

Villanova Law Review (1956 - )

No abstract provided.


Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc, Paul Cooke Jun 2025

Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc, Paul Cooke

Villanova Law Review (1956 - )

No abstract provided.


Robin Hood Or Robbin’ The Goods? The Second Circuit Restores Sec Disgorgement To Equity In Sec V. Govil, Nikolette C. Dusevic Jun 2025

Robin Hood Or Robbin’ The Goods? The Second Circuit Restores Sec Disgorgement To Equity In Sec V. Govil, Nikolette C. Dusevic

Villanova Law Review (1956 - )

No abstract provided.


Ndls Communicator: Week Of 06.16.25, Notre Dame Law School Jun 2025

Ndls Communicator: Week Of 06.16.25, Notre Dame Law School

NDLS Communicator

The Latest News

  • Two Notre Dame Law School graduates to clerk at U.S. Supreme Court for the 2025-26 term
  • Class of 2025 Highest Academic Awards
  • Amanda Garcia receives Lardy Scholarship Award for 2025-26
  • Notre Dame legal historians, one established and one emerging, receive prizes in ceremony at Supreme Court
  • ND Law students compete in Willem C. Vis International Commercial Arbitration Moot in Vienna
  • Program on Ethics, Compliance & Inclusion announces winners of 2025 Smith-Doheny Legal Ethics Writing Competition
  • Notre Dame Law School Global Human Rights Clinic announces winners of 2025 Global Human Rights Practice Writing Competition

Faculty Briefs

  • Sadie Blanchard …


Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong Jun 2025

Asian Values In International Dispute Settlement: Issues Of Parallel Jurisdiction, Haijing Huang, Tze Chin Ong

Indonesian Journal of International Law

Asian Values promoted significant economic growth to Asian societies in 1990s but were challenged by the 1997-1998 financial crisis. Engaging in regional trade agreements (RTAs) can enhance market access and keep regulatory cooperation, the number of RTAs has grown explosively in Asian countries. Most of these RTAs may include more far-reaching form of dispute settlement provisions distinct from or parallel to the World Trade Organization (WTO). Historical analysis is employed to examine the applicable principles of Asian Values and their influences on economic growth and dispute settlement. Additionally, the article also conducts case study analysis of several trade disputes with …


محددات الحقوق البيئية بالمغرب وواقع ممارستها, Mansour Ennaama Jun 2025

محددات الحقوق البيئية بالمغرب وواقع ممارستها, Mansour Ennaama

Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي

استعرض المقال الإطار النظري والقانوني للتشريع البيئي في المغرب، بالإضافة إلى تحليل التحديات التي تعترض تطبيقه وآفاق تحسينه. وتبرز الدراسة وجود فجوة بين النصوص القانونية البيئية وواقع الممارسة في المغرب مما يقلل من فعالية هذه التشريعات في حماية البيئة. كما تعيق التحديات المؤسسية والإدارية والمالية التطبيق الفعال لهذه التشريعات، إذ تواجه المؤسسات المعنية بحماية البيئة تحديات كبيرة تتعلق بنقص التنسيق والتداخل في الصلاحيات، مما يؤدي إلى ضعف في التنفيذ والمراقبة، حيث تعاني الجهات المسؤولة عن حماية البيئة من نقص في التمويل، مما يؤثر سلباً على قدرتها على تنفيذ البرامج البيئية وصيانة البنية التحتية البيئية. كما أن هناك حاجة ملحة لتعزيز …


Virtual Dignitary Torts, Zahra Takhshid Jun 2025

Virtual Dignitary Torts, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

The emergence of the metaverse and spatial computing, which has enabled immersive digital interactions, raise complex legal questions. This work examines the feasibility of addressing dignitary torts-such as battery and intentional infliction of emotional distress-committed via avatars. The particular challenge for tort law is the nonphysical nature of selfrepresentations in these virtual spaces. Drawing from the historical evolutions of several dignitary torts, such as the law of battery and emotional harm, this article argues that the key in allowing for the recognition of such harms is appreciating the expansion of the protection of physical body within these torts, to the …


Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison Jun 2025

Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison

Public Land & Resources Law Review

In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.


Prosecutorial Perceptions Of Discovery Reform On A Local Level, Gabrielle A. Roubanian, Janne E. Gaub, Marthinus C. Koen, James J. Willis Jun 2025

Prosecutorial Perceptions Of Discovery Reform On A Local Level, Gabrielle A. Roubanian, Janne E. Gaub, Marthinus C. Koen, James J. Willis

Qualitative Criminology (QC)

"In recent years, several states in the United States have considered and implemented discovery reforms to regulate how evidence is included and shared as criminal cases play out in the court system. Currently, little research explores how prosecutors have made sense of these reforms and how discovery changes have impacted their day-to-day routines. Consequently, this case study considers how prosecutors at a large prosecutorial agency in the United States made sense of discovery reforms implemented in its state two years before data collection. Findings are based on 35 semi-structured qualitative interviews and highlight how prosecutors experienced the implementation of the …


“They Don’T Want Us Anywhere”: The Impact Of Anti-Homelessness Laws On Unsheltered Residents Of Fort Worth, Texas, Brie Diamond Jun 2025

“They Don’T Want Us Anywhere”: The Impact Of Anti-Homelessness Laws On Unsheltered Residents Of Fort Worth, Texas, Brie Diamond

Qualitative Criminology (QC)

"Access to public space is not afforded equally amongst the population. Often, the people who must spend most of their time in these spaces, people experiencing homelessness, are barred by local or state law from being there. Fort Worth, Texas, implemented a camping ban in 2019 that prohibits camping on public or private property. This article explores the impact of this ban on unsheltered people experiencing homelessness using semi-structured interviews with 18 people residing in encampments across the city. The findings document the tangible and existential losses endured by this group and the impact on the perception of their place …


Campaigning For Change: How State-Level Groups Advocate For Legislative Sexual Offense Reform, Jennifer L. Wooldridge, Danielle J. S. Bailey, Stephanie Taulli Jun 2025

Campaigning For Change: How State-Level Groups Advocate For Legislative Sexual Offense Reform, Jennifer L. Wooldridge, Danielle J. S. Bailey, Stephanie Taulli

Qualitative Criminology (QC)

"In the criminal justice field, advocacy groups work to better the circumstances for specific groups of people facing perceived injustice. While some advocacy groups have been studied extensively, one type of group – sexual offense reform advocates – has been understudied. This is particularly problematic due to stigmatization and legislative differences in how individuals convicted of sex crimes are supervised compared those convicted of non-sexual offenses. These post-conviction differences make it necessary to better understand these advocacy groups and their processes when fighting for public policy change. The current study examines qualitative interviews conducted with affiliates of a national organization …


Complexities Of Appellate Law: Experiences And Perspectives Of Utah Indigent Appellate Attorneys, Whitney Howey, Stephanie Kathan, Jeremiah W. Jaggers, Chris Cambron Jun 2025

Complexities Of Appellate Law: Experiences And Perspectives Of Utah Indigent Appellate Attorneys, Whitney Howey, Stephanie Kathan, Jeremiah W. Jaggers, Chris Cambron

Qualitative Criminology (QC)

"Indigent appellate attorneys experience high stress due to their unique roles and responsibilities. Very little scientific research examines the lives and experiences of attorneys in the workplace. Characterizing and describing the variety of complexities and challenges Utah appellate attorneys face within their work provides information towards filling the profession’s gaps, stressors, and occupational needs. A sample of five Utah appellate attorneys were interviewed to better understand their perspectives and experiences in the workplace. We used thematic analysis to identify themes related to Utah appellate attorney experiences and perspectives. We identified four major themes from the data, including Personal approach, Working …