Digital Commons Network^™

Decriminalizing Disease: A Health Justice Approach To Infectious Diseases And Criminal Law, Sean E. Bland

Arkansas Law Review

Infectious diseases, also called communicable diseases, are largely a public health issue and should not be criminalized. This Article seeks to re-frame the discussion around the legal framework for infectious diseases in a way that moves beyond a punishment mindset and toward a health justice mindset. The focus in this Article is on health justice rather than traditional understandings of public health, defined as the science and practice of improving the health of people and their communities. The Article makes three novel contributions. First, it applies a health justice framework to the critique of infectious disease criminalization. Second, the Article …

Partisan Judges, Steve Leben

Arkansas Law Review

This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others …

The Forgotten Fundamental Right To Free Movement, Noah Smith-Drelich

Northwestern University Law Review

There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution’s protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.

This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article …

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

Do Ais Dream Of Electric Boards?, Robert J. Rhee

Northwestern University Law Review

When artificial intelligence (AI) acquires self-awareness, agency, and unique intelligence, it will attain ontological personhood. Management of firms by AI would be technologically and economically feasible. The law could confer upon AI the status of legal personhood, as it did upon traditional business firms in the past, thus dispensing with the need for inserting AI as property within the legal boundary of a firm. As a separate and distinct entity, AI could function independently as a manager in the way that legal or natural persons do today: i.e., AI as director, officer, partner, member, or manager. Such a future is …

Peeping Town: Drone Surveillance And The Exclusionary Rule In Long Lake Township V. Maxon, Stuart Massa

Northwestern University Law Review

For years, legal commentators have pondered the effect of the Fourth Amendment on drones, but purely as an academic exercise. No court had ever considered drone surveillance under the Fourth Amendment––until now. In Long Lake Township v. Maxon, a northern Michigan township flew a drone over a local resident’s home to gather photographic evidence of an alleged zoning violation. Relying on that evidence, the township sued to enforce its zoning ordinance. The resident moved to suppress the evidence, arguing that the drone’s warrantless surveillance violated the Fourth Amendment. The case made it all the way up to the Michigan …

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Enhancing Citizen Capacity Through Optimising Village-Owned Enterprises (Bumdes) Role In Strengthening Community Participation For Sustainable Development, Supandi Supandi, Saliman Saliman

Jurnal Civics: Media Kajian Kewarganegaraan

Sustainable development at the local level necessitates active community participation, bolstered by educational innovation and the optimisation of empowering institutions such as Village-Owned Enterprises (BUMDes). This research investigates the impact of the Social Studies Outdoor Laboratory and BUMDes on development in the Bokoharjo, Prambanan, Sleman Regency. Specifically, the study examines three key areas: (1) the influence of the Social Studies Outdoor Laboratory on development, (2) the role of BUMDes in facilitating development, and (3) the collaborative effect between the Social Studies Outdoor Laboratory and BUMDes on regional growth. A quantitative approach was employed, sampling nine individuals from Bokoharjo Village from …

Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 17, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Law360, USA Today, The Verge, Politico, and ABC News about legal challenges surrounding the U.S. TikTok ban.

• Professor David Rudenstine published an op-ed in The Hill urging the Supreme Court to adopt a formal code of ethics.

• Professor Matthew Wansley was quoted in The Washington Post on privacy concerns related to Elon Musk's involvement in a Cybertruck explosion investigation.

• Assistant Professor Emmanuel Hiram Arnaud’s article “Colonizing by Contract” was published in the Columbia Law Review.

Massachusetts Community Mediation Center Grant Program Fiscal Year 2024 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

In FY2024, the Commonwealth allocated $3,213,465 to the CMC Grant Program, supplemented by $149,674 carried over from FY2023, for a total of $3,363,139. Of the total funding, $2,542,100 (76%) was awarded to Centers in grants and technical assistance, with Centers leveraging these funds to secure an additional $2,199,813 from private foundations and other state, local, and federal sponsors. These grants supported Centers’ participation in CMC Grant Program related statewide programs, including the Housing Mediation Program (HMP), Reentry Mediation Program (ReMAp), Youth Conflict Resolution and Restorative Practices Program (Youth Program), and DEI organizational capacity-building initiatives. These grants bolstered staffing infrastructure, enabling …

Lawful And Helpful: Culley V. Marshall And The Question Of Sufficient Due Process In Civil Asset Forfeiture Proceedings, Wesley Vorberger

Liberty University Law Review

Civil asset forfeiture is commonplace in America, with ultimately billions of dollars seized by law enforcement annually. In Alabama, two distinct “innocent owners” challenged the constitutionality of the state’s civil asset forfeiture statutory scheme when their respective vehicles were seized. As the cases made their way through the federal courts, they were consolidated on appeal and ultimately brought before the U.S. Supreme Court. The consolidated case, Culley v. Marshall, specifically raised the narrow question of whether due process required a civil asset forfeiture action to hold a preliminary hearing at the threshold of the matter, akin to criminal proceedings. …

City Of Grants Pass V. Johnson: The Limits Of The Eighth Amendment’S Cruel And Unusual Punishments Clause, Erik W. Stanley

Liberty University Law Review

The case of City of Grants Pass v. Johnson arose against the backdrop of a rising homeless population not seen before and the struggles cities faced with addressing this rise in homelessness and the proliferation of homeless encampments in urban areas. The case presented the question whether the City of Grants Pass ordinances that prohibited the homeless from sleeping or camping outside constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Both the District Court and the Ninth Circuit Court of Appeals held that it did. The United States Supreme Court reversed, finding that the …

Who Can Stand? Murthy V. Missouri And Social Media Censorship, Natalie C. Rhoads

Liberty University Law Review

As the influence of social media proliferates, two things increase accordingly: government attempts to control it and the law’s attempt to provide a coherent framework. There are ongoing conversations both within and without the legal community about the extent to which individuals have a right against the social media companies to create or consume content. But the Court in Murthy v. Missouri had a chance to sidestep those questions and address whether individuals have a right against the government to curb its influence on those companies. This issue has the potential to be one of the most significant questions in …

The Modern-Day Green Book: How Discrimination Testers Under Title Iii Of The Ada Stand At The Intersection Of Justice And Jurisdiction To Light The Journey Ahead For Travelers With Disabilities And America Itself, Tory L. Lucas

Liberty University Law Review

For people with various types of disabilities, traveling throughout America is no easy task. Before embarking on a journey, they must ensure that they can find suitable lodging along the way that does not have impassible barriers that exclude them. Deborah Laufer is a discrimination tester with disabilities who ensures that places of public accommodation do not violate Title III of the Americans with Disabilities Act (ADA) or the Reservation Rule promulgated by the Civil Rights Division of the U.S. Department of Justice (DOJ). She has filed hundreds of federal civil rights lawsuits against hotels for not providing information on …

Fishing For Justice: The Legal And Moral Case For Loper Bright, Eric R. Bolinder

Liberty University Law Review

By overturning Chevron in Loper Bright, the Supreme Court came to the right conclusion, legally and morally. A textual reading of the Administrative Procedure Act requires courts to decide cases and controversies de novo, without deferring to any litigant. Just because a government agency is a party does not mean courts suddenly lose their ability to interpret statutes, even ones with challenging language. Many commentators argue the practical outcome of this decision will be limited and courts will simply reframe “deference” into “delegation.” I disagree. I think the impact of this case will be a sea-change for administrative law. …

Table Of Contents

Liberty University Law Review

No abstract provided.

Infrastructure, Equity And Climate Change: The Promise Of The Infrastructure Investment And Jobs Act (Iija), Dante R. Gurule

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Fixing The Last Frontier: How Law And Policy Governing Commercial Fishing Have Failed Alaska’S Environment And Economy, Andrew Ilemsky

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Overview Of Oil And Gas Activities In The Amazonian Territories, Leonardo Costa Da Fonseca, Marcio Pina Marques

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Alexandra Jury

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Academic Sins Of The Father: Analyzing Legacy Preferences Under The Framework Of Students For Fair Admissions, Brayden Williams

Liberty University Law Review

On June 29, 2023, the Supreme Court issued its opinion in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. In this landmark decision, the Court found that race-based affirmative action practices in college admissions violate the Equal Protection Clause of the Fourteenth Amendment because they unlawfully discriminate against college applicants based on their race. The public response to this decision was swift. Some praised the Court for taking a stand against affirmative action, while others greatly criticized it, fearing it would end diversity in higher education. However, among these voices were others whose attention was …

Read The Sign: The Equal Protection Clause Does Not Require Gender-Affirming Bathroom Access In Schools, Stephen J. Nast

Liberty University Law Review

For thousands of years, bathrooms have been separated by sex—male and female. In fact, for most of human history, there has been a universal understanding that only male and female sexes existed. It was not until the twentieth century that the notion that there could be more than two sexes was popularized and the term “transgender” was introduced to society. By the mid-2010s, the idea that bathrooms should be separated by male and female began to receive opposition. As explored throughout this Comment, children identifying as transgender have filed lawsuits against school boards that did not permit children to use …

In The Crosshairs: A Discussion Of “Targeting” In Borden V. United States, Nathan P. Mateer

Liberty University Law Review

Federal law, 18 U.S.C. § 924(c), imposes a sentence enhancement on defendants who use or carry a firearm in relation to a “crime of violence.” In 2021, however, the United States Supreme Court decided the case of Borden v. United States, where it held that a similarly worded statute—and thus § 924(c)—applies only to crimes that have an element of “targeting” (i.e., a requirement that the defendant “consciously direct” his conduct towards a particular “target”). Deciding what crimes are targeted, however, has turned out to be a much more difficult task than anticipated. Fortunately, in Borden, the Court …

The Virginia General Assembly Needs To Spe(Llc) It Out: What Are The Vllca’S Fiduciary Duties And The Standards That Parties Must Abide By?, Carter B. Leverette

Liberty University Law Review

The limited liability company (LLC) has quickly become the most popular business entity in the United States thanks to its favorable pass-through tax treatment, limited liability, and customizability. A catalyst to this success is the parties’ ability to customize their business’s leadership structure and members’ relations through an operating agreement. In the world of business law, the fiduciary relationship and the duties that accompany it—loyalty, care, and good faith—are essential due to the need in a complex society for parties to bargain for and share or acquire different knowledge, skills, or expertise to accomplish particular goals. The flexibility of the …

Corporate Chicanery: Invalidating Corporate Bylaws That Create “Litigation Bridges To Nowhere”, Payton A. Edwards

Liberty University Law Review

In 2022 and 2023, two cases were litigated in the Seventh and Ninth Circuits, respectively. Each of those cases involved a corporate bylaw providing that a Delaware state court was the exclusive forum for derivative actions. Each case also included a claim that the corporation’s board of directors had made false or misleading proxy statements in violation of 15 U.S.C. § 78n. The Exchange Act, which provides for these proxy solicitation claims, states that federal courts have exclusive jurisdiction over claims brought under the Act. Thus, if these forum selection bylaws were used as a basis for dismissal, the plaintiff …

Christian Legal Education: From Bologna To Lynchburg And Beyond, Jeffrey C. Tuomala

Liberty University Law Review

From a historical perspective of the last millennium, the founding of Liberty University School of Law—a school committed to establishing the Christian foundation for legal education—in 2004 is not a historical anomaly; it is the norm. A major catalyst for the birth of what Harold J. Berman calls the Western legal tradition was the Papal Revolution of the eleventh century, which established the church’s independence from civil authorities. The founding of a law school in Bologna, Italy, was coincident with that revolution. Especially in the past 150 years, that developing legal tradition, based on the foundations of a fundamentally Christian …

Table Of Contents

Liberty University Law Review

No abstract provided.

Khrushchevka: A Historical And Economic Analysis Of Russian Housing, Privatization, And Urban Renewal In Putin’S Russia, Victoria A. Faulkner

Swarthmore Undergraduate History Journal

The Moscow Urban Renewal Initiative (Инициатива обновления городов Москвы, 2017-) is the joint project of President Vladimir Putin (1999-2008, 2012-) and Moscow Mayor Sergey Sobyanin (2010-) to remove dilapidated housing structures in Moscow. Since 2017, the programme has already displaced about 20,000 Muscovites, with plans to displace 1.5 million more by its completion goal of 2032. These displacements have revealed significant economic deficiencies in the post-Soviet market economy of the Russian Federation. Delays in the programme due to the COVID-19 pandemic have only escalated issues further – as has the War on Ukraine. Understanding the importance of the Moscow Urban …

Brief Of Criminal Law Professors Andrea Roth And J.D. King As Amici Curiae In Support Of Petitioner, Lesh V. United States, U.S. Supreme Court Docket No. 24-654, David B. Owens

Court Briefs

QUESTION PRESENTED

Article III of the Constitution provides that “[t]he Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” And the Sixth Amendment provides that “[i]n all criminal prosecutions,” the accused shall enjoy the right to trial by jury.

The question presented is: Whether the Constitution’s dual guarantee of trial by jury contains an unstated exception for “petty” offenses.