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Introduction, Danielle Lopez, Lauren Hewitt

Natural Resources Journal

No abstract provided.

Applying Conservation Biology Principles In Federal Conservation Efforts For Candidate, Threatened, And Endangered Species, Kenna Fung

Natural Resources Journal

As human activities continue to accelerate the extinction of species, federal and state programs emerge as some of the last solutions to wildlife protection in the United States. Since the establishment of the Endangered Species Act (“ESA”) in 1973, the U.S. Fish and Wildlife Service (“the Service”) has designated occupied and unoccupied critical habitats for threatened and endangered species as part of the species’ recovery plan. A recent U.S. Supreme Court case signaled that courts are less willing to grant the Service the same deference to designate areas as critical habitats as before. Because the ESA never defined “habitat,” the …

Water Governance And Water Futures In The United States And Australia, Robert Haskell Abrams

Natural Resources Journal

The world’s hydroclimate has become more extreme in the last several decades—a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation that could be adapted to advantage by the other in coping with the onset of reduced flows in major river basins—most prominently, the Colorado in the U.S. and the Murray-Darling in Australia. Significant similarities of history, settlement of arid regions, and legal systems abound. These include Anglo settlement bringing riparian …

The Fallout Of The Trinity Test: The Need To Expand Reca To Include New Mexico Downwinders, Angélica Ortega

Natural Resources Journal

The Radiation Exposure Compensation Act (“RECA”), which offers one-time payments to designated individuals who have developed specific diseases and cancers due to radiation exposure, was set to expire on June 10, 2024. On March 7, 2024, the U.S. Senate passed Senate Bill 3853 (“S. 3853”), the “Radiation Exposure Compensation Reauthorization Act” which would continue RECA payments for an additional six years and would allow for more individuals to be eligible for these payments. However, the bill has not become law because it is still pending review by the U.S. Congress. One of the groups that would be eligible for these …

Forging A Sustainable Southwest: The Power Of Collaborative Conservation, Nicolas Estrada

Natural Resources Journal

No abstract provided.

Before The Streetlights Come On: Black America’S Urgent Call For Climate Solutions, Caroline Dunn

Natural Resources Journal

No abstract provided.

Blowing Through The Barriers Of Offshore Wind: Leveraging States' Authority To Ensure Energy Justice In Offshore Wind Development, Indya Woodfolk

Duke Environmental Law & Policy Forum

No abstract provided.

Cama At 50: The Coastal Area Management Act's Establishment, Implementation, And Future, David W. Owens

Duke Environmental Law & Policy Forum

No abstract provided.

On Valuing Community Environmental Management: Revenues, Costs Avoided, Economic Impacts, And Amenities, William N. Ferris

Duke Environmental Law & Policy Forum

No abstract provided.

Watching The Tide Roll Away: Looking Forward After Fifty Years Of The Coastal Area Management Act, Julia Furr Youngman

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Law School News: Rwu Class Of 2025 Urged To Embrace Discomfort, Pursue Their Dreams And Careers With Purpose 05-16-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Who Owns The Wind: The Absence Of Community Wind Farms In California, Sky Berry-Weiss

Master's Projects and Capstones

Community ownership structures for wind farms have been around for decades, particularly in European countries, due to high socioeconomic benefits. Given these significant benefits, one might expect community wind to thrive in the United States—especially in a state like California, which prides itself on progressive climate policy and renewable energy leadership. Yet utility-scale community wind remains largely absent from research on California’s energy system, raising questions about its existence in the state. To pinpoint how many utility-scale community owned wind farms are in California, this study surveys every operational wind turbine in the state. After classifying each wind farm by …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Catholic University Law Review

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

Tackled By The Federal Legislature?: Flaws In Nfl Arbitration Policies Highlighted By Proposed Ending Forced Arbitration Of Race Discrimination Act Of 2023, Brandan Parks

Arbitration Law Review (2009 - Present)

No abstract provided.

Landaeta MejíAs Brothers Et Al. V. Venezuela, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Who Will Save The Water? Appealing To The Judiciary To Revisit Reasonable Use, Alycia Schoof

University of Dayton Law Review

Michigan is known as the Great Lakes State: Daily life, the economy, recreation, agriculture, and more are influenced and even defined by the abundance of waterways all around. Lulled into complacency by the seeming excess of water, residents, business owners, politicians, and tourists all likely believe that the Great Lakes are inexhaustible. Elsewhere, extended droughts brought on by climate change deplete traditional sources of water, even while the demand for it grows, in industry, agriculture, and the municipal water supply for developing communities.

This increased demand will threaten the viability and sustainability of the Great Lakes in the coming decades. …

The Banality Of Crimmigration—Can Immigration Law Recover Itself?, Catherine Dauvergne

All Faculty Publications

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other …

The President's Orders Targeting Law Firms As Unconstitutional Bills Of Attainder-- Damning Lessons From The Past, Gary Simson

Articles

“Sentence first, verdict afterwards,” the Queen in Alice in Wonderland insisted at the trial of the Knave of Hearts for stealing the Queen’s tarts. Such an upsidedown process obviously leaves quite a bit to be desired, but compared to the process provided by President Donald Trump’s executive orders announcing and inflicting debilitating penalties on particular law firms, it’s not all that bad. After all, the Knave of Hearts, unlike the targeted firms, at least got some sort of trial before punishment was announced.

Also, it’s one thing to be punished for stealing the Queen’s tarts—something that any law-abiding citizen of …

Personhood After Dobbs, Joshua J. Craddock

Catholic University Law Review

Following the Supreme Court’s decision to overturn Roe v. Wade in 2022, unsettled questions remain about the constitutional status of unborn children. With good reason, Dobbs v. Jackson Women’s Health Organization did not address whether unborn children are persons within the original meaning of the Due Process and Equal Protection Clauses. The historical evidence, however, is now well-established that when the Fourteenth Amendment was ratified in 1868, the word “person” had a settled public meaning that included every human being—children in the womb among them. And if unborn human beings were included within the original public meaning of “person” in …

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

The Real Impact Of General Deterrence: Empirical Insights From The Robbery Data Of Three American Cities, Andrew W. Eichner

Catholic University Law Review

General deterrence theory relies on the critical assumption that prospective offenders will be deterred from committing crimes when they are aware of the apprehension and punishment of others. This idea has been reiterated across thousands of years of Western political thought and has significant implications in modern American criminal sentencing, though it has not been historically subjected to rigorous testing. The recent availability of voluminous crime data permits a deeper examination of the real impact of sentencings on crime trends and allows the opportunity for previously impossible analyses regarding the efficacy of general deterrence.

To examine whether there is evidence …

Harms, Relationships, And The Contours Of Liability For Emotional Distress, Steven Schaus

Articles

In Reasonableness and Risk, Greg Keating argues that the law of torts is “preoccupied” with harm—with safeguarding conditions of effective agency. In this comment, I ask whether Keating’s picture can make sense of the tort claims, like loss of consortium, that provide some measure of protection to relationships—and to marriage-like relationships, in particular. It would be awful if my life partner were seriously injured or killed—a serious setback to my interests—a harm by almost any measure. But in what sense would it impair my agency, as Keating’s account of harm seems to require? I explain the force of the question …

No Shirt, No Adverse Employment Action, No Service: How The Eleventh Circuit’S Decision In Beasley V. O’Reilly Auto Parts Misinterprets The Ada’S Failure-To-Accommodate Provision, Will Nenni

University of Dayton Law Review

No abstract provided.

Front Matter, Vol. 50, No. 3 (Spring 2025), University Of Dayton

University of Dayton Law Review

No abstract provided.

Student-Athlete Employment Status In The Wake Of Johnson And Nil: A Proposed Bill In Maintaining College Athlete Amateur Status, Jack Mclaughlin

University of Dayton Law Review

No abstract provided.

Foreword

Arbitration Law Review (2009 - Present)

No abstract provided.

An Attempt To Limit "Forced Arbitration": Chamber Of Commerce Of The U.S. V. Bonta, Madison Soraino

Arbitration Law Review (2009 - Present)

No abstract provided.

The Environment Through The Lens Of International Courts And Tribunals, Sean Speers

Arbitration Law Review (2009 - Present)

No abstract provided.

Characterizing A Violation Of International Public Policy: How Has France Changed The Review Of Awards, Chris Proano

Arbitration Law Review (2009 - Present)

No abstract provided.