Digital Commons Network^™

Maine’S Arctic Future: Balancing Economic Opportunity, Geopolitical Risk, And Legal Responsibility, Emily Elmore

Ocean and Coastal Law Journal

This Paper explores the dynamic intersection of climate change, geopolitical strategy, and economic development in the rapidly changing Arctic landscape, focusing on existing legal paradigms and Maine’s unique position as a pivotal player in this context. Maine, with its historic ties to the Arctic, scientific partnerships, and strategic location as the northernmost port on the United States East Coast, is well-placed to capitalize on emerging economic opportunities. However, these opportunities are accompanied by substantial risks, including climate change impacts, operational challenges in the harsh Arctic environment, and geopolitical tensions among rival states vying for influence in the region. This Paper …

What Did Scotus Do To Wotus?, Hailey Rizzo

Ocean and Coastal Law Journal

The term “waters of the United States” has sparked half a century of debate among policymakers, judges, Supreme Court Justices, the Environmental Protection Agency, and the Army Corps of Engineers, culminating in the Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. This Article chronicles the interpretive history of “waters of the United States” within the context of wetlands and discusses the broader implications of the Sackett decision on the nation’s water bodies.

Gaps In Accountability For Submarine Cable Protection: Inadequacies In The Current Legal Framework, Martin Kwan

Ocean and Coastal Law Journal

Submarine cable protection has become a hotly discussed topic as the risk of damage has dramatically increased amidst wars and geopolitical tensions. This Article critically analyzes six gaps in accountability for cable protection. First, there is no civil accountability for non-territorial damage. The United Nations Convention on the Law of the Sea (UNCLOS) allows no residual jurisdiction, and the English case of Virgin Media Ltd. v. Joseph Whelan reasoned that the absence of exclusive jurisdiction to lay cables in those waters means no civil jurisdiction by the coastal state. But this Article argues that it is an exclusive right, taking …

Detention Of Foreign Seafarers And Vessels: Pollution Prevention Or Piracy?, Edward Maccoll, Marshall Tinkle

Ocean and Coastal Law Journal

The purpose of this Article is to interrogate the legal basis for holding foreign crewmembers against their will in connection with APPS prosecutions. Part I examines the underlying justification for prosecuting foreign vessel owners for foreign conduct under APPS. It first discusses the international anti-pollution regimen from which APPS emerged. Next, the Article explores the handful of cases in which APPS prosecutions have been challenged and for the most part sustained, and then offers a critique of the rationale for such prosecutions. Part II explores the lawfulness of the techniques to detain foreign crewmembers and press those crewmembers into the …

Dean's Desk: Finding New Ways To Help Diminish Cybersecurity Threats, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

In an era when cyberattacks can paralyze hospitals, disrupt elections, and compromise the privacy of millions, the need for innovative cybersecurity and privacy protections has never been more urgent. But it is not just a question of new technologies; strong data protection depends as much on motivating people and organizations to use those technologies and make wise choices to diminish data risk.

The Indiana University Maurer School of Law has spent more than 30 years answering cybersecurity and privacy challenges with a distinctive, holistic approach: an interdisciplinary, human-centered legal education that equips students to lead at the intersection of technology, …

Exploring Outer Space: The Role Of Private Companies, Ankita Joshi

Cardozo International & Comparative Law Review (CICLR) Blog

Over the past two decades, discussions about the future of outer space have often gone hand in hand with the role that private space companies, such as SpaceX, Blue Origin, and Rocket Lab, have had in transforming the space industry. Outer space has quickly developed into a competitive commercial landscape, a contrast to initial space law activity that focused on exploration.[1] With this shift, questions have arisen about whether current international space treaties provide adequate protections for space governance between states and private entities, and the protection of outer space resources.

This post was originally published on the Cardozo …

Public, Private, And In-Between: The Future Of Healthcare, Kwadwo Amponsah

Cardozo International & Comparative Law Review (CICLR) Blog

Health insurance is a type of insurance policy that provides coverage for a predetermined set of medical risks over a specified period. A health insurance policy is an agreement between an insurance provider and an individual, wherein the provider commits to covering pre-determined medical expenses, while the individual pays a fixed monthly premium (which may vary depending on the terms of the agreement). Upon acceptance into this plan, the consumer becomes part of a risk pool, which is further categorized into low-risk and high-risk segments. One’s risk assessment provides information regarding their propensity to need more medical services, and this …

Criminal Investigation Into The Detection Of A Crime Registered Against An Unknown Person In Iraqi Law, Angham Abdel Rahman Akraym, Amal Fadel Abd

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

الجريمة هي خروج الفرد عن إحدى القواعد الاجتماعية الراسخة في المجتمع الذي يرتكب فيه ، وتعتبر الجريمة مشكلة لكل المجتمعات البشرية ، فهي تصاحب الإنسان من وجوده بأشكاله وأشكاله المختلفة وتبقى كذلك. حتى تنزع النفس البشرية إلى الجريمة ، وتنمو مع نمو المجتمع وتطور أساليب ارتكابها ، وتصبح أكثر تعقيدًا ويمتد ضررها على المجتمع.

وأن هدف أي مجتمع هو العدل ، والقانون أفضل طريقة لإقراره. الحقيقة زلة للعدالة ، ولا سبيل لتحقيقها إلا بتطبيق القانون والإجراءات المنصوص عليها في التشريع من قبل الجهات القضائية والإجراءات التي يتخذها المحقق أو المحقق الجنائي لبحث الجرائم واكتشافها. الغموض. جهود مكثفة لأنها تسعى إلى …

Radical Islamic Movements, Non-State Actors, Ansar Al-Sharia Organization In Yemen As A Model, Yassin Hadi Thajil

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The beginning of the emergence of radical Islamic organizations was in the middle of the twentieth century, and the Muslim Brotherhood Party was the first Islamic party, and its origins were in the Arab Republic of Egypt. Its origins were not initially a political one, as it was a mixture of Arab sentiments and noble sentiments that were dominated by the whiffs of the past and the return. Due to the victories of the Arabs and their global state, and with the passage of time and the differences in the policies of local countries and their fear of the revolutions …

The Relationship Between Inclusion And Penal Judgment, Rana Ammar Saeed, Dalia Mohamed Abdel-Wahid

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

"It is known that the protection of public funds is the most important thing that modern laws and legislation seek to achieve, and this is the role played by both the criminal law, both its substantive and formal parts, and the law of implication, as the employee committing an act causes damage to public funds due to his negligence, negligence, or violation of the laws. The decisions, regulations and instructions mean that he must be included by the administrative authority, in addition to referring him to the competent courts if his behavior is criminal and punishable by law. If it …

The Role Of International Agreements In The Implementation Of Foreign Judgments, Hanin Faeq Hussein, Mustafa Salem Abdel Bakhit

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

International law and private international law belong to two different legal and political systems, although they share the fact that the legal relations they govern are characterized by a horizontal nature that brings together state actors and private actors who are individuals, moreover, international law has a great influence on international law, The first law is the dominant and dominant over the second, according to the principle of the transcendence of international agreements, and for this reason, the national legislator and the national judge are supposed to abide by the international conventions ratified by the state, because failure to comply …

Reimagining Cultural Intersections: A Book Review Of Maya Christian Murals Of Early Modern Yucatán, Texas University Press, 2024., Lilia Fernández Souza Phd, Lilia Lucia Lizama Aranda Dr., José Israel Herrera

Journal of Maya Heritage

Colonial mural art in the Yucatán Peninsula represents a cultural intersection where Christian iconography and Maya artistic traditions converged in a complex visual dialogue. Maya Christian Murals of Early Modern Yucatán (Texas University Press, 2024) offers a detailed analysis of these pictorial expressions, exploring how Indigenous artists reinterpreted colonial impositions by preserving ancestral techniques, materials, and symbolism. The book proposes a rereading of the murals in Franciscan convents, highlighting their role not only as tools of evangelization but also as evidence of cultural resistance and adaptation.

This review, titled Reimagining Cultural Intersections: A Book Review of Maya Christian Murals of …

Women's Work: Building Peace In War-Affected Communities Of Uganda And Sierra Leone, Jennifer Moore

Faculty Book Display Case

When women have full socioeconomic citizenship as well as equitable and respectful partnerships with men, transformative justice can be sustained in postconflict societies

In Women’s Work, Jennifer Moore presents a reimagined theory of peacebuilding and transformative justice based on the experiences and insights of women farmers and microentrepreneurs who lived through protracted civil conflicts, drawing on seven years of interviews with women activists across ten communities—five in the Acholi region of Northern Uganda and five in the Moyamba and Koinadugu Districts of Sierra Leone. Despite the important differences between the preconflict and conflict histories and demographics of the two …

Analysis Of The Agenda For Sccr 46, Pijip

Joint PIJIP/TLS Research Paper Series

Protection of Broadcasting Organizations

The central question for the Broadcasting Treaty, in line with the 2007 General Assembly Mandate, is whether there is sufficient “agreement on objectives, specific scope and object of protection” to warrant a recommendation for a diplomatic conference. (WO/GA/34/16). The 2006 GA mandated that the Broadcasting Treaty be “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006).

The SCCR 45 Chair’s Summary states:“[w]ith respect to objectives, there is common understanding … that the treaty should be narrowly focused on …

Book Review: How To Set Up And Run A Law Clinic, Peggy Maisel, Paul R. Tremblay

Faculty Scholarship

This book answers many questions for those tasked with deciding whether and how to fund a law school clinic. It also provides metrics by which to evaluate the operations of a clinic. And finally, this book addresses not just how best to run a clinic, but in many ways how best to deliver legal services to a community in great need of legal help, whether through a law school program or in the neighborhood. It answers questions every legal aid office in the world with limited resources must answer: how to choose clients, how to decide which services the clients …

The Sexual Harassment Silo, Deborah Widiss

Articles by Maurer Faculty

The #MeToo movement exposed the pervasiveness of sexual harassment in employment and made clear that legal remedies were sorely lacking. Federal and state lawmakers responded by passing laws broadening access to court and enhancing remedies; requiring training, policies, and data collection; and modifying substantive harassment law, most commonly by rejecting the requirement that victims prove they were subject to “severe or pervasive” conduct. Although some of these reforms apply to harassment or discrimination on the basis of any protected trait, many create special rights for victims of sexual harassment. Collectively these laws establish what I term “the sexual harassment silo.” …

Just Kids: Establishing A Minimum Age Of Jurisdiction In Maine’S Juvenile Court, Allie Smith

Maine Law Review

In Maine, there is no such thing as a child too young to be prosecuted. Maine’s Juvenile Code grants the juvenile court jurisdiction over a child of any age, even one who would have been considered too young to prosecute in the fifteenth century. As of 2024, just over half of states in the country have rejected this approach and established minimum ages of jurisdiction for their juvenile courts. These minimum age laws protect the youngest, least culpable, and least competent children from prosecution, and generally require states to respond to young children through services rather than punishment. This Comment …

Cars Don’T Stop For Yellow Lights: Turning Maine’S Yellow Flag Law Red, Jamison Rhoads-Doyle

Maine Law Review

This Case Note is about Maine’s Extreme Risk Protection Order law, Title 34-B, Section 3862-A, of the Maine Revised Statutes. The purpose of Maine’s law and others like it is to proactively take firearms away from individuals who present a substantial risk of violently harming themselves or others. In the aftermath of the mass shooting which occurred in Lewiston, Maine on October 25, 2023, there was debate over whether law enforcement could have used Section 3862-A to proactively prevent the shooting, as well as over whether Section 3862-A was an effective tool for preventing violence in the first place. This …

Breaking Up With The Anti-Hero: How 303(B)(3) Can Help Law Schools Mitigate Their Perennial Devices, Prices, Vices, And Crises, Kelly M. Gamble

Maine Law Review

The American Bar Association’s issuance of Standard 303(b)(3) represents a pivotal shift compelling law schools to adapt their approach to the evolving needs of law students, lawyers, and the profession. The Standard serves as an invitation to re-evaluate the relationship between the primary curriculum and student support frameworks. This Article proposes a comprehensive approach to infuse professional identity development throughout the first year of law school. While professional identity development requires ongoing efforts, sometimes tailored to particular practice interests, this Article contends that all students benefit from early explicit instruction on foundational professional identity competencies. This Article first outlines the …

Slow, Expensive, And Out Of Control: A Statutory Solution To The Competency Crisis, Robert Barnhart

Maine Law Review

The United States Constitution guarantees both the right to a speedy trial and the right to be competent to stand trial. United States Supreme Court decisions have recognized both of these rights but left the hard work of implementing them to legislatures and rulemakers. After turning the technicalities over to the states, the Supreme Court has generally stayed out of the business of setting bright-line rules to follow, both for setting speedy trial limits and ensuring defendants are evaluated and restored to competency. This delegation has led to a dual crisis. Cases are not resolved on time, and a substantial …

Unconsented Educational Pelvic Exams On Anesthetized Patients: The Collapse Of Legal And Ethical Safeguards For Patient Consent, Rachel Beth Cohen

Maine Law Review

It is a troubling reality that medical students in some U.S. teaching hospitals perform pelvic examinations on anesthetized surgical patients without their explicit knowledge or consent. These unconsented educational pelvic examinations raise serious ethical and legal concerns. Although professional medical societies agree that specific and voluntary consent is a fundamental ethical prerequisite for conducting such examinations, this standard has been frequently disregarded in practice. The law offers little practical deterrence to this violation of patient autonomy. Tort law provisions on battery and informed consent are ineffective in addressing the issue, while state legislatures have largely failed, or outright refused, to …

March 10, 2025 — Letter To U.S. House Of Representatives On Introduction The Action For Dental Health Act Of 2025, American Dental Association

Advocacy in Action letters

No abstract provided.

Vol. 68, No. 09 (March 10, 2025)

Indiana Law Annotated

No abstract provided.

Blake Lively And Justin Baldoni Dispute: It Ends With Arbitration?, Alisha Augustine

Cardozo Journal of Conflict Resolution (CJCR) Blog

The film adaptation of the best-selling novel, “It Ends With Us” depicts a tale of a seemingly romantic relationship turned abusive and how a woman grows beyond her experience with domestic abuse. The film and novel tell the story of Lilly, Blake Lively’s character, falling in love with Ryle, Justin Baldoni’s character, and how their relationship evolves for the worse. Despite the important message that the movie should be known for, it has now been caught in the cross-fire in the impending case between co-stars Blake Lively and Justin Baldoni. In December 2024, Lively filed a complaint against Baldoni claiming …

The Samuel & Ronnie Heyman Center On Corporate Governance Invites You To: Taxes Vs Tariffs, Heyman Center On Corporate Governance, Cardozo Business Law Society, Luís Calderón Gómez, Harlan Grant Cohen, Scott Maberry, Maria Celis, Gregory Spak

2025 Event Invitations

Market participants are preparing for the tax and trade policies pursued by the second Trump administration. Regarding taxes, proposals include making expiring Tax Cuts and Jobs Act provisions permanent, ending green energy subsidies from the Inflation Reduction Act, and exempting certain income from taxation. Proposed tariffs range from retaliatory measures-in-kind to targeting Chinese market participation to a universal 20% import tariff. On the campaign trail, the President often presented these proposals as part of a shift of financial burdens from domestic taxpayers to foreign companies. In a panel discussion with tax and trade experts, we will seek to determine the …

The Overlooked Harms Of Inaccurate And Biased Medical Records, Myrisha S. Lewis

Popular Media

No abstract provided.

Glotopolítica, Identidad Y Lenguas En México En El Siglo Xxi, Marilyn S. Avalos Huesca

Journal of Maya Heritage

Languages, like human beings, have been adapting to the changes produced worldwide, and with this they have grown in number of speakers or disappeared forever from society. These changes are not given arbitrarily, but are conceived from politics and the State, where what should be the best for the speakers, nationalism and society permeates according to the statutes established by those in power. All this from an ethnocentric point of view, which denigrates what is different, what we do not understand, and therefore, we reject. This article analyzes the presence of languages in Mexico from a point of view related …

قانون الجـرائم الإلكترونية الأردني وانعكاساته عـلى حرية التعـبير, سلمان رجا عبيد الحنيفات, كامل خورشيد مراد, نجم عبد خلف الحاتمي العيساوي

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

هدف المقال التعرف إلى درجة تطبيق قانون الجرائم الإلكترونية الأردني رقم 17 لسنة 2023 لدى الإعلاميين والصحفيين الأردنيين، وانعكاساته على حرية التعبير. تنتمي هذه الدراسة إلى الدراسات الوصفية، واستخدمت الدراسة أسلوب المسح من خلال أداة الاستبانة التي وزعت على عينة متاحة من مجتمع الدراسة مكونة من 313 صحفيًا وإعلاميًا، منهم 126 عضوًا في نقابة الصحفيين، و187 عاملين في مؤسسات إخبارية وأساتذة جامعات، كما اعتمد الباحثون المقابلات المعمقة. أظهرت النتائج أن إطلاع الإعلاميين والصحفيين على مواد قانون الجرائم الإلكترونية كان مرتفعا ويتعاملون معه بإيجابية، وأن من أبرز إيجابيات كونه يجرم الأقوال والأفعال الواقعة تحت بند الذم والقدح ويحمي خصوصيات الأفراد. كما …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Racial Discrimination In Retailers' Willingness To Accept Returns: A Field Study, Meirav Furth-Matzkin

Northwestern University Law Review

Black Americans have long faced discriminatory treatment while shopping in retail establishments, including, most notably, being subjected to increased surveillance, inconsistent pricing, and inferior customer service. Little attention, however, has been paid to other post-purchase aspects of retail transactions. Specifically, do Black Americans receive the same treatment as white customers when it comes to performing sellers’ formal policies or contracts? While it is understood that salespeople are often given discretion to deviate from standard form contracts, sometimes departing from the literal terms to satisfy consumers, there has been a notable absence of systematic exploration into how salespeople exercise this authority …