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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 …

Tax Evasion And Judicial Oversight: Examining The Circuit Split On Conservation Easements, Harry A. Mullen Iv

Georgia State University Law Review

Conservation easements have long been an attractive tool for those seeking to minimize their tax bill. After all, it is a low-cost method of getting a sizeable tax deduction. But what should be an incentive for the environmental or historical preservation of land is instead a frequent avenue for tax abuse and avoidance. Regulations are one way the Internal Revenue Service (IRS) works to make the deduction harder to abuse. The subject of this Note provides one example: the “Proceeds Regulation,” which provides certain protections for the recipient of the conservation easement.

However, after a challenge from a taxpayer in …

Vindicating Retirees, Lauren K. Valastro

Georgia State University Law Review

Through ERISA, Congress prioritized the competent management of retirement plans held in trust for Americans, codifying strict fiduciary obligations and providing broad relief to those injured by fiduciaries failing to execute those duties. Specifically, ERISA provides retirement plan participants and beneficiaries, along with plans themselves and the Secretary of Labor, an inherent, substantive right to seek plan-wide monetary and equitable redress for injuries resulting from fiduciary mismanagement. Today, retirement plans hold more than $10 trillion and constitute a substantial portion of the funds Americans will subsist on in retirement. Despite their vital import, particularly for women and members of minority …

Member Masthead

Georgia State University Law Review

No abstract provided.

Who Defines The Refugee?: Analyzing The Limitations And Relevance Of The 1951 Un Convention On Global Refugee Protection, Sarah Locke '25

Honor Scholar Theses

This thesis consists of three chapters and a mini-fourth. In Chapter One, I examine the historical context of the 1951 Convention and its lasting implications. I discuss the early history of the international refugee law regime and the power dynamics that shaped the UN Convention’s drafting. Using a postcolonial lens, I evaluate how the historical context of the Convention continues to perpetuate inequalities and exclusions today, especially through the myth of difference. In Chapter Two, I address the limitations of the 1951 Convention through a comparative analysis with two regional conventions. By analyzing the definition of refugee in each convention, …

Blue Chairs And Broken Minds: The Troubled Teen Industry’S Legacy Of Abuse, Macie Barker '25

Honor Scholar Theses

The Troubled Teen Industry (TTI) operates under the veil of rehabilitating adolescents with behavioral challenges. However, evidence reveals a system rife with abuse, manipulation, and inadequate oversight. From the infamous blue chairs of Straight, Inc., to the isolation tactics of WWASP program, this industry has maintained a facade of treatment while subjecting youth to severe abuse. This paper explores the history, recruitment tactics, institutional failures, survivor recovery journeys, and legal battles that define the TTI. Advocacy movements, including Breaking Code Silence and WWASP Survivors, have emerged to combat industry malpractice and push for policy changes to protect vulnerable youth. Additionally, …

The 2025 International Advocate For Peace Award Ceremony Honoring Zafra Lerman, Cardozo Journal Of Conflict Resolution, Zafra M. Lerman

2025 Event Invitations

Scientist, educator and humanitarian Zafra M. Lerman will receive Cardozo School of Law’s 24th International Advocate for Peace Award on March 6. The award, which originated in 2000, is presented annually by the Cardozo Journal of Conflict Resolution to a person, organization or group that is exemplary in the field of conflict resolution.

It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico

Bridges: An Undergraduate Journal of Contemporary Connections

Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …

Is Wisconsin V. Yoder Limited To Its Facts?, Chad Flanders

ConLawNOW

Although Wisconsin v. Yoder is over fifty years old and clearly part of the canon of free exercise law, its meaning is surprisingly contested in a case the Supreme Court decided to hear in early 2025, Mahmoud v. Taylor. In Mahmoud, the plaintiffs are parents who balked at their children being exposed to readings and lessons during the school day that ran counter to their religious views on sexual morality. Their main argument is that they should win because Yoder is directly on point. The Fourth Circuit Court of Appeals rejected this argument holding that Yoder is basically a …

Application For Leave To File Amicus Curiae Brief In Support Of Petitioners; Amicus Curiae Brief, Myriam E. Gilles

Amicus Briefs

Amici curiae are law professors who teach and write about the function and role of state and federal courts. Because Amici have substantial expertise in the history, practices, and workings of courts, Amici submit this brief in the hope of being of assistance to this Court in its deliberation.

Cardozo Law News Brief: April 4, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 4, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on CNN’s AC360 to discuss the rule of law and legal representation under the Trump administration.

• Professor Lindsay Nash spoke with CBS News about the arrest and detention of a Columbia student with no criminal charges.

• Professor Luís Carlos Calderón Gómez commented on a SCOTUS religious freedom case in CNN, USA Today, Newsweek, and Bloomberg.

• Professor Alexander Reinert was quoted in Gothamist on protecting sexual assault plaintiffs’ identities in court.

• Faculty updates include:

  • Professor Calderón Gómez presenting at Columbia Law.

  • Professor …

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Stacked Against Defendants: Retroactivity, Vacatur, And The First Step Act In Hewitt V. United States, Matthew N. Barry

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2018, Congress passed the First Step Act with overwhelming bipartisan support. One of its provisions, § 403, clarifies 18 U.S.C. § 924(c) by eliminating the "stacking" of mandatory minimum sentences for certain firearm offenses for first-time offenders. Section 403(b) makes the provision retroactive so long as "a sentence for the offense has not been imposed" as of the Act's date of enactment.

In 2009, bank robbers Corey Duffey, Tony Hewitt, and Jarvis Ross were convicted of several federal crimes, including stacked § 924(c) offenses. After their sentences were vacated in 2020, they argued that they should be resentenced under …

Champions For Justice 2025 03-27-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

2025 Law Review And Moot Court Alumni Reunion Reception 3-20-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

31st Annual Barrister's Ball: Secret Garden 03-01-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Retaliatory Taxation, Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper discusses the Trump administration's potential use of section 891 and pending legislation to apply retaliatory taxes to foreign countries that impose "discriminatory or extraterritorial" taxation on US multinationals.

Jeddie Al-Imari, An Individual; Kathleen Al-Imari, An Individual; And Jennifer Al-Imari, In Her Role As The Legal Guardian Of D.A And R.A., Minor Children; Appellants/ Plaintiffs V. Utah Department Of Transportation; Staker & Parson Companies Dba Jack B. Parson; And Does I-X : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT, Joseph E. Minnock, Anna Nelson, Attorneys for Appellee and Defendant Staker, George W. Burbidge II, W. Kevin Tanner,

Attorneys for Appellants and Plaintiff, Brad H. Bearnson, Wayman M. Stodart

Playing To Win: The Use Of Export Controls To Address Non-Military Strategic Competition, Joshua Angelo

Duke Law & Technology Review

Technology and national security have been intimately related throughout American history. Over the past eighty-five years, the United States has increasingly made use of export controls to prevent adversarial countries from using the fruits of its technological advancement to strengthen their militaries and harm American interests. Today, strategic competition with the People’s Republic of China involves a myriad of technologies which present risks outside of, as well as within, the military context. Chinese exports of technologies, including artificial intelligence, quantum computing, and 5G communications, can promote the country’s authoritarian model abroad, enable economic coercion, and help to enrich the regime. …

To Infinity And Beyond (And Beyond): The Legal And Ethical Imperative For Rocket Reusability, Matthew Lumia

Duke Law & Technology Review

Although the Space Shuttle’s first flight was in the 1980s, reusable rocket technology did not achieve mainstream viability until SpaceX’s reusable Falcon 9 rocket revolutionized access to space. This note argues that transitioning to reusable rocket technology is not only a practical and economic advancement, but also a legal and ethical imperative. By analyzing reusable rockets through the “due regard” framework of the Outer Space Treaty, this note demonstrates how reusable rockets mitigate space debris, expand access to space, and can reduce environmental harm. Additionally, reusable rockets address critical ethical concerns by lowering barriers to space exploration, allowing the benefits …

Al-Imari V. Udot : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C.

Attorneys for Appellants and Plaintiffs Brad H. Bearnson Wayman M. Stodart BEARNSON & CALDWELL Attorneys for Appellee and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

Stopping The Cirrhosis: An International Review Of Hep C Screening In Prisons And Jails From 2004-2023, Anastasia Sahu Bs, Jack Spurlock Ba, Mhs, Eliza Beal Md

Medical Student Research Symposium

Background: As of 2023, HCV prevalence in state prisons in the United States was 9 times higher than the general population¹. Without treatment, 20% of people with HCV will develop cirrhosis, and some estimate that 70% of hepatocellular carcinoma (HCC) cases arise from cirrhosis or advanced fibrosis². Despite the high prevalence in prisons, the US does not have nationally standardized Hep C screening in correctional facilities. The goal of this study is to investigate different models of existing programs in prisons internationally. Understanding these models will inform Hep C screening in US prisons on a state …

White Collar Crimes, Maine Law Review

Maine Law Review

This Article deals with those sections of the Maine Criminal Code which criminalize certain nonviolent conduct. Many of the offenses contained in the Chapters on bribery, fraud and falsification are new to Maine law. Here, as elsewhere, the drafters of the Code have attempted to distinguish between conduct that is sufficiently detrimental to community interests to require the criminal sanction and conduct that is regarded as merely undesirable. These sections in particular represent the societal interests in preserving the integrity of documents, official statements and public offices, and in encouraging honesty in business transactions. This Article focuses on the derivation …

Sentencing, Melvyn Zarr

Maine Law Review

Once the legislature has defined the acts it will punish as criminal, it must then establish a sentencing system. There are two principal features of a sentencing system: it grades crimes according to seriousness, and it apportions sentencing discretion among the legislature, the courts, and administrative agencies. The device for apportionment between the legislature and the courts is the mandatory sentence, by which the legislature may fix a period of imprisonment for a crime and forbid judges to grant probation. Apportionment of sentencing discretion between the courts and administrative agencies, on the other hand, is governed by the choice between …

Sex Offenses, Judy R. Potter

Maine Law Review

A central theme of the Maine Criminal Code is to "distinguish behavior that is merely socially undesirable from that which is sufficiently threatening to require the specialized effort of the criminal law to prevent it." Nowhere in the Code is this distinction more apparent than in the area of sex offenses, which encompasses a wide spectrum of degrees of social harm. At one end of this spectrum are acts which clearly involve dangerous behavior, such as non-consensual sexual acts and acts of sexual imposition on minors and incompetents. At the other end of the spectrum are sexual acts done in …

Property Offenses, Peter G. Ballou

Maine Law Review

The Criminal Code has sought to accomplish three goals in the area of property crimes: consolidation, simplicity, and consistency in the treatment of similar offenses. The consolidation of a variety of previously separate crimes into the single crime of theft may be the most drastic change from prior law in the entire Code. Almost all of the ways in which a person may be deprived of his property or services to the gain of another are now included in this single crime. The consolidation under the heading of burglary of a variety of crimes involving entry of buildings in combination …

Gambling, Michael D. Seitzinger

Maine Law Review

Simplification of the laws which define criminal offenses and decriminalization of behavior no longer warranting the enforcement mechanisms of the criminal law were two principal objectives of the Criminal Code Revision Commission. Chapter 39 of the Criminal Code contains the revision of Maine's anti-gambling statutes and illustrates as well as any Code chapter the application of these objectives to the formulation of substantive criminal offenses. The substantive provisions of the prior law failed, for the most part, to define key terms. Without such definitions, the provisions of Title 17 which established the elements of an offense were often prolix and …

Homicide, Peter J. Rubin

Maine Law Review

The homicide provisions of the Maine Criminal Code break down culpable killings into six degrees. Until the line of cases beginning with State v. Wilbur, the law of Maine had always seemed to separate the various unlawful killings into separate crimes rather than degrees of the same crime. Commencing with State v. Rollins and State v. Lafferty, the Maine Supreme Judicial Court announced that there was and always had been only one crime of "felonious homicide." Murder and manslaughter were merely punishment categories or degrees of "felonious homicide." The new homicide provisions are similar to the pre-Code court interpretation in …

Prefatory Note, Robert Checkoway Editor-In-Chief

Maine Law Review

In its recent simplification and clarification of the criminal law, the Maine Criminal Law Revision Commission was also obliged to reconsider the proper breadth of the criminal sanction itself. The results of these parallel efforts are apparent throughout the Criminal Code. Those activities ordinarily considered criminal have been more precisely and comprehensively regulated, while the limits of the law controlling activities less socially damaging have been readjusted in the process of exact delineation. The Articles in this Special Issue offer an explanation and critical evaluation of the Commission's efforts.