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Constitutional Litigation After Trump V. Casa, Howard M. Wasserman Apr 2026

Constitutional Litigation After Trump V. Casa, Howard M. Wasserman

Duke Journal of Constitutional Law & Public Policy

Trump v. CASA resolved a decade-old scholarly debate about whether federal courts can grant "universal" injunctions in constitutional cases—injunctions prohibiting the executive from enforcing the challenged law against all persons subject to the law, beyond the plaintiffs to the action. A 6-3 Court said federal courts could issue remedies necessary to accord "complete relief to the plaintiffs," without the power to protect non-parties.

The various opinions in CASA offer competing visions of litigation, adjudication, and judicial decisionmaking. The case plays and will continue to play an essential role in ongoing challenges to Trump Administration policies and regulations and all constitutional …


Journal Staff Apr 2026

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


The Ninth Amendment And Natural Rights/Social Compact Theory: A Defense Of Fundamental Unenumerated Constitutional Rights In The Wake Of Dobbs, Joseph R. Guerra Apr 2026

The Ninth Amendment And Natural Rights/Social Compact Theory: A Defense Of Fundamental Unenumerated Constitutional Rights In The Wake Of Dobbs, Joseph R. Guerra

Duke Journal of Constitutional Law & Public Policy

In ruling that the Due Process Clause of the Fourteenth Amendment does not protect a right to an abortion, the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization relied on reasoning that casts serious doubt on the continued validity of other unenumerated constitutional rights. According to Dobbs, unenumerated rights cannot be recognized unless they are deeply rooted in this Nation's history and traditions, and have long enjoyed legal protection. In ruling that a right to abortion failed this test, the Court asserted that its decision did not undermine other previously recognized unenumerated rights, such as rights to …


The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim Apr 2026

The Great Depression And Canada's Major Originalist Decade, Preston Jordan Lim

Faculty Publications

Few periods of Canadian history have been as momentous or terrible as the Great Depression. The Dominion and provincial governments’ inability to combat financial and environmental catastrophe led many Canadians to openly question the appropriateness of their constitutional framework. As legal historians have since documented, many leading jurists of the time believed that a strong central government could, through the institution of national programs, contain the Great Depression; in the eyes of these 1930s jurists, the Judicial Committee of the Privy Council—then Canada’s apex court—had sapped the federal government of its powers by misinterpreting the British North America Act, 1867 …


Uscis-Grounded Ai: Preventing Hallucinations In Immigration Legal Services, Hephzibah Igwe Apr 2026

Uscis-Grounded Ai: Preventing Hallucinations In Immigration Legal Services, Hephzibah Igwe

ONU Student Research Colloquium

Artificial intelligence chatbots increasingly provide legal information to consumers, but AI "hallucinations" (confidently stated but incorrect responses) pose serious risks in immigration law. Incorrect information about USCIS forms, fees, processing times, or filing procedures can result in visa denials, deportation proceedings, or permanent bars to entry.

This research presents a novel "source-grounded AI" system that eliminates hallucinations in immigration legal information. Rather than relying solely on large language models (LLMs) trained on general internet data, the system uses USCIS.gov as the primary source of truth for all operational data including current forms, fees, processing times, filing addresses, and policy updates. …


Who Pays For Carbon Recovery?, Carter F. Smith Apr 2026

Who Pays For Carbon Recovery?, Carter F. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor Apr 2026

Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Lights Out: Energy Resilience In The Air Force, Carolyn Mattingly Apr 2026

Lights Out: Energy Resilience In The Air Force, Carolyn Mattingly

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction & Front Pages, Bryce Cormack Apr 2026

Editor's Introduction & Front Pages, Bryce Cormack

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Table Of Contents - Vol. 56, No. 4 2026 Apr 2026

Table Of Contents - Vol. 56, No. 4 2026

Seton Hall Law Review

No abstract provided.


Revolutionizing Corporate Accountability: The La Oroya Case And The Right To A Healthy Environment In The Inter-American System, Teresa Jacques Valenzuela Apr 2026

Revolutionizing Corporate Accountability: The La Oroya Case And The Right To A Healthy Environment In The Inter-American System, Teresa Jacques Valenzuela

University of Miami Inter-American Law Review

La Oroya v. Perú marks a pivotal moment in the evolution of Business and Human Rights and the Right to a Healthy Environment (R2HE) under the Inter-American legal framework. This paper examines the groundbreaking judgment of the Inter-American Court of Human Rights, which established new standards for state responsibility in regulating and supervising corporate activities to prevent environmental harm. By integrating principles of environmental law with human rights obligations, the case highlights the transformative potential of judicial action in addressing corporate accountability. While the judgment sets a precedent for advancing corporate responsibility, it exposes enduring challenges, including jurisdictional limitations, corporate …


Censorship And Human Rights Violations: The Suppression Of Freedom Of Expression, Press, And Assembly In Cuba, Nicaragua, And Venezuela, Elisabell Laura Velázquez Apr 2026

Censorship And Human Rights Violations: The Suppression Of Freedom Of Expression, Press, And Assembly In Cuba, Nicaragua, And Venezuela, Elisabell Laura Velázquez

University of Miami Inter-American Law Review

As the days, months, and years go by, Cuba, Nicaragua, and Venezuela continue to violate the fundamental human rights of their citizens. Despite worldwide technological advancements and increased access to the digital world, these regimes continuously monitor and censor their citizens, depriving them of the fundamental rights to freedom of expression, press, and assembly. This article explores how censorship can represent a systemic violation of human rights. This article argues that strengthening cooperation between different international organizations is necessary because censorship in Cuba, Nicaragua, and Venezuela is a human rights crisis that impacts civil society. Furthermore, this article explains the …


The Right Of Nature: Lessons From Panama For Mangrove Protection In Miami, Jayson Fry Apr 2026

The Right Of Nature: Lessons From Panama For Mangrove Protection In Miami, Jayson Fry

University of Miami Inter-American Law Review

Mangrove ecosystems are indispensable to climate resilience, yet traditional environmental governance has repeatedly failed to prevent their decline. This Note employs a comparative framework to examine Panama and Miami, two rapidly developing coastal regions facing parallel pressures of urbanization and sea-level rise, to demonstrate that mangrove loss persists not because law is absent, but because existing frameworks structurally authorize regulated degradation. Panama’s 2022 Rights of Nature Law, which grants ecosystems legal personhood and enforceable rights, represents a departure from anthropocentric environmental regulation. Its early judicial application in the Cobré Panamá mine case shows how rights-based protections can override extractive economic …


Who Will Hear My Case?: The Backdrop Of Hameed V. Canada And Its Impact On Canada’S Judicial Vacancy Crisis, Adrian T. Peraza Apr 2026

Who Will Hear My Case?: The Backdrop Of Hameed V. Canada And Its Impact On Canada’S Judicial Vacancy Crisis, Adrian T. Peraza

University of Miami Inter-American Law Review

In 2016, the Supreme Court of Canada issued a landmark ruling in R v. Jordan, requiring prosecutors to try their case within eighteen months in provincial courts and thirty months in the superior courts. Through its holding, the Court sought to protect a defendant’s right to be tried within a reasonable time, a privilege enshrined in the Canadian Charter of Rights and Freedoms. However, at the time of the decision, the Canadian judicial system faced a vacancy crisis. A total of forty-three judicial vacancies existed in the federal courts, a figure that would later rise to eighty-six in August 2023. …


Fireside Chat | Shawn Kodes ’07: Asset-Backed Finance: A Guide For Future Lawyers, Ronald H. Filler Institute For Financial Services Law Apr 2026

Fireside Chat | Shawn Kodes ’07: Asset-Backed Finance: A Guide For Future Lawyers, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

April 21, 2026


Responsibility Without Rescue: Community-Based Participatory Research, Legal Insecurity, And Ethical Accountability In Borderland Courtrooms, Ruben Morales Jr. Apr 2026

Responsibility Without Rescue: Community-Based Participatory Research, Legal Insecurity, And Ethical Accountability In Borderland Courtrooms, Ruben Morales Jr.

The Agora

In the context of immigration law and legal insecurity, this article examines how community-based participatory research (CBPR) reshapes ethical responsibility for researchers. Based on ethnographic fieldwork conducted during a National Science Foundation Research Experience for Undergraduates (NSF REU) along the border between the United States and Mexico, the study reflects on how courtroom practices reproduce access to justice, how research itself influences what knowledge becomes visible, and how the researcher’s positionality influences ethical engagement. The article finds that doing ethical research in settings of legal precarity requires the researcher to shift from a neutral observer to an accountable participant, maintained …


Y2gay: Second Chance Prom, Outlaw Apr 2026

Y2gay: Second Chance Prom, Outlaw

2025–2026 Flyers

No abstract provided.


The New Banishment, Shosh Coalson Apr 2026

The New Banishment, Shosh Coalson

Seton Hall Law Review

No abstract provided.


An Act To Incorporate The Florence Wesleyan University, Bates & Lucas (State Printers) Apr 2026

An Act To Incorporate The Florence Wesleyan University, Bates & Lucas (State Printers)

Documents on Education and Progress of the University

Act of Incorporation for Florence Wesleyan University, 1856.

Acts of the Fifth Biennial Session of the General Assembly of Alabama Held in the City of Montgomery.


Defenders Assemble: A Blueprint For Building Antiracist Public Defender Offices, Ieshaah Murphy Apr 2026

Defenders Assemble: A Blueprint For Building Antiracist Public Defender Offices, Ieshaah Murphy

Seton Hall Law Review

No abstract provided.


Bail, Detention, And The Nature Of The Offense, Anna Vancleave Apr 2026

Bail, Detention, And The Nature Of The Offense, Anna Vancleave

Seton Hall Law Review

No abstract provided.


Board Of Officers - Vol. 56, No. 4 2026 Apr 2026

Board Of Officers - Vol. 56, No. 4 2026

Seton Hall Law Review

No abstract provided.


The Roots Of Reasoning: An Analysis Of Irac’S Reductive Framework And The Restoration Of The Rhetorical Foundation, Leslie Patrice Culver Apr 2026

The Roots Of Reasoning: An Analysis Of Irac’S Reductive Framework And The Restoration Of The Rhetorical Foundation, Leslie Patrice Culver

Seton Hall Law Review

No abstract provided.


Look To The Children: How New Jersey's Anti-Bullying Bill Of Rights Can Provide A Framework For Workplace Bullying, Bridget Knodel Apr 2026

Look To The Children: How New Jersey's Anti-Bullying Bill Of Rights Can Provide A Framework For Workplace Bullying, Bridget Knodel

Seton Hall Law Review

No abstract provided.


Resuscitating Old Methods: How Executions By Nitrogen Hypoxia Violate The Eighth Amendment, Hannah Caldwell Apr 2026

Resuscitating Old Methods: How Executions By Nitrogen Hypoxia Violate The Eighth Amendment, Hannah Caldwell

Seton Hall Law Review

No abstract provided.


Historical Claims And Environmental Harms: How Historical Analogues Can Be Utilized To Show Injury-In-Fact In Environmental Cases, Julia Landi Apr 2026

Historical Claims And Environmental Harms: How Historical Analogues Can Be Utilized To Show Injury-In-Fact In Environmental Cases, Julia Landi

Seton Hall Law Review

No abstract provided.


Unpacking Jus Ad Bellum Proportionality And Examining Its Relationship With The Jus In Bello In Light Of The Equal Application Principle, Jared Dass Apr 2026

Unpacking Jus Ad Bellum Proportionality And Examining Its Relationship With The Jus In Bello In Light Of The Equal Application Principle, Jared Dass

International Law Studies

The jus ad bellum is one of the most important areas of international law, with the prohibition on the use of force forming the cornerstone of the UN Charter. However, a lack of doctrinal clarity, especially regarding the jus ad bellum proportionality principle, undermines its ability to meaningfully regulate the use of force by States in self-defense. There is further lack of understanding as to how the jus ad bellum interacts with the jus in bello, in particular as between the two proportionality principles found in both bodies of law. The orthodox view rejects any such interaction, for fear …


An Act To Amend {An Act} Entitled "An Act To Incorporate The Florence Wesleyan University, " Approved February 14, 1856, W.W. Screws (State Printer) Apr 2026

An Act To Amend {An Act} Entitled "An Act To Incorporate The Florence Wesleyan University, " Approved February 14, 1856, W.W. Screws (State Printer)

Documents on Education and Progress of the University

Amended Act of 1856- "the university shall be subject to the superintendence of the Alabama, Tennessee and Memphis conferences."

Acts of the Session of 1870-1871, of the General Assembly of Alabama Held in the City of Montgomery (No. 170)


Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones Apr 2026

Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones

Pepperdine Law Review

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …


What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden Apr 2026

What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden

The Penguin Review

Air-raid sirens have become part of the daily soundscape in Ukrainian cities. They interrupt meals, classes, conversations, and sleep. When they blare, people gather what they can and move quickly sometimes to shelters, sometimes to basements, sometimes nowhere at all. Families lock their doors without knowing whether they will ever turn the key again. Children carry backpacks filled with whatever seemed important in the moment: a photograph, a stuffed animal, a book pulled hastily from a shelf. Around them, buildings that once anchored everyday life—churches, museums, historic neighborhoods— have been damaged or destroyed.