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Articles 301 - 330 of 543370
Full-Text Articles in Entire DC Network
Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke
Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke
Brooklyn Law Review
The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen
Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen
Brooklyn Law Review
Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …
A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan
A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan
Brooklyn Law Review
The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein
Brooklyn Law Review
This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …
Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman
Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman
Brooklyn Law Review
The migration of live sports from traditional cable bundles to exclusive digital platforms has transformed the economics of media distribution while complicating the fan experience. Instead of purchasing access through a single channel, viewers now piece together coverage across a growing number of subscription services to watch the games they value. Contemporary antitrust law, anchored in the consumer welfare standard and administered through the Rule of Reason, typically evaluates competitive harm through discrete changes in price or output within defined markets. This Note contends that such metrics overlook the primary burden facing modern sports consumers: the aggregate financial and logistical …
Postcolonial Private Law, Debadatta Bose
Postcolonial Private Law, Debadatta Bose
Brooklyn Law Review
This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.
Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat
Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat
Hasanuddin Law Review
This study addresses the constitutional ambiguity surrounding the hierarchical status and domestic application of international human rights treaties, particularly in legal systems where treaty incorporation lacks explicit constitutional regulation. Though earlier researches have discussed issues such as treaty incorporation and constitutionality, there has been little analysis of the comparative role played by courts in bridging the international and domestic legal systems. The study adopts a qualitative doctrinal and comparative legal methodology, analyzing constitutional provisions, legislative frameworks, and judicial decisions across Jordan, France, and selected Arab jurisdictions, including Egypt and Morocco. The findings reveal that France adopts a hierarchical model granting …
Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide
Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide
Hasanuddin Law Review
Conservation governance is frequently characterized as a rule-based system in which bureaucratic actors enforce standardized regulations to protect biodiversity. In practice, however, conservation policies are implemented within socially contested landscapes. Strict regulatory enforcement may generate conflict and undermine governance objectives. Although public administration research underscores the importance of bureaucratic discretion in policy implementation, limited attention has been paid to its influence on environmental governance in developing countries. This article investigates discretionary practices in Indonesian conservation area management using an ethnographic approach that incorporates interviews, field observations, and case studies across multiple sites. The findings demonstrate that discretion occupies a central, …
Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel
Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel
Hasanuddin Law Review
In any constitutional system, it is difficult to reconcile the need for legal certainty and constitutional adaptation when there is judicial departure from constitutional precedent. In this paper, We develop a functional comparative approach that explains how constitutional systems maintain legal certainty in the face of constitutional adaptation enabled by judicial departure from constitutional precedents. Using comparative analysis of United States Supreme Court jurisprudence (1954–2023) and French Constitutional Council rulings (1971–2023), We examine how such systems preserve their constitutional stability in spite of judicial change. It is concluded that the departure of courts from constitutional precedent need not mean the …
Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa
Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa
Discovery Day - Daytona Beach
Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …
Environmental Ethics Of Plastics And Microplastics Manufacturing: Balancing Industrial Production And Ecological Responsibility, Arindam Gupta
Environmental Ethics Of Plastics And Microplastics Manufacturing: Balancing Industrial Production And Ecological Responsibility, Arindam Gupta
Discovery Day - Daytona Beach
The global production of plastics has increased dramatically over the past several decades, providing substantial economic and societal benefits while simultaneously generating complex environmental and ethical challenges. A growing body of research has identified microplastics—plastic particles smaller than 5 millimeters—as persistent pollutants that accumulate in aquatic ecosystems, soil systems, and the atmosphere. These particles originate both from the degradation of larger plastic products and from direct industrial production processes used in plastics manufacturing. The ethical implications of plastics and microplastics production raise important questions about environmental responsibility, regulatory oversight, and the balance between economic development and ecological sustainability. This project …
Environmental Ethics And Impact Of Artificial Intelligence Data Centers, Jacky Yang
Environmental Ethics And Impact Of Artificial Intelligence Data Centers, Jacky Yang
Discovery Day - Daytona Beach
Data centers, including artificial intelligence (AI) facilities, serve as the backbone for many modern digital services and products. With the rapid digitization of society, the expansion of these centers in the United States has accelerated significantly. From an anthropocentric and utilitarian perspective, they provide economic benefits, supporting employment and generating public revenue. However, they can also create a significant amount of environmental and societal challenges. From an ecocentric and environmental justice perspective, AI data centers has contributed to increased competition for the limited resources, such as water, electricity, and land and has been linked to rising utility costs, noise pollution, …
Ai Race Between The Us And China, Kennedy Lyon-Lindersmith
Ai Race Between The Us And China, Kennedy Lyon-Lindersmith
Discovery Day - Daytona Beach
Technological leadership in AI and semiconductor manufacturing are both directly linked with military power and geopolitical influence. At the same time, the U.S. and China are currently defining the future of conflict in the cyber domain and are in strategic competition as China attempts to displace the U.S. as a global leader in AI. These factors contribute to an important national security threat that the U.S. is facing right now: An AI race between the U.S. and China, specifically regarding military cyber operations. This paper discusses some of the implications of a digital battlefield and analyzes international laws, international institutions, …
Quantitative Assessment Of Cybersecurity Risk Variability Across Transportation Modes, Paulo Carreon
Quantitative Assessment Of Cybersecurity Risk Variability Across Transportation Modes, Paulo Carreon
Discovery Day - Daytona Beach
Quantitative Assessment of Cybersecurity Risk Variability Across Transportation Modes examines how cybersecurity risks differ across major transportation sectors and addresses the lack of a structured, cross modal analysis in existing transportation cybersecurity research. As transportation systems increasingly rely on digital infrastructure, communication networks, operational technologies, and interconnected platforms, they become more exposed to cyber threats that can affect safety, mobility, operations, and public trust. Despite the growing importance of this issue, there is still limited research that quantitatively compares how cyber risks vary across transportation modes such as road and intelligent transportation systems, aviation, rail and transit, and maritime systems. …
Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris
Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris
Discovery Day - Daytona Beach
The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to …
The Byu Advocate, J. Reuben Clark Law School
The Byu Advocate, J. Reuben Clark Law School
The BYU Advocate (& Annual Reports)
"Experiential learning opportunities in law school have expanded dramatically, but pressure remains for students to graduate ready to practice. Artificial intelligence (AI) is transforming education and legal practice, generating questions about how and what to teach and raising uncertainties about future employment. At the same time, big firms are interviewing students in their first semester and extending offers before or shortly after first-semester grades are out."
– David H. Moore
State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz
State Legislatures: Guardians Of The Federal Balance, Practical Strategies For Monitoring, Strengthening, And Sustaining American Federalism (Remarks), Christian G. Fritz
Faculty Scholarship
My remarks today are drawn from my book, Monitoring American Federalism: The History of State Legislative Resistance, and from an essay I wrote this year for the Center for the Study of Federalism about the responsibility of state legislators to sound the alarm when the federal government overreaches its constitutional authority.
Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien
Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien
Discovery Day - Daytona Beach
The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …
Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2026-203
Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-185, 2026-194, and 2026-200
Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Appeal No.1066: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2025-405 , and 2025-416
Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Appeal No.1065: Lucky Land Management, Llc V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2025-405 , and 2025-416
Appeal No.1071: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1071: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-76 and 2026-85
Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-185, 2026-194, and 2026-200
Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-185, 2026-194, and 2026-200
Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-76 and 2026-85
Redefining Just Cause For Contract Termination In Fifa's Rstp: Striking A Fair Balance Between Player Rights And Club Interests In Light Of The Interim Regulatory Framework, Walid Ben Salah, Nayel Alomran, Noor Alhendi, Zouhaier Nouri
Redefining Just Cause For Contract Termination In Fifa's Rstp: Striking A Fair Balance Between Player Rights And Club Interests In Light Of The Interim Regulatory Framework, Walid Ben Salah, Nayel Alomran, Noor Alhendi, Zouhaier Nouri
All Works
Introduction This article examines the concept of just cause for the unilateral termination of professional football employment contracts under FIFA's Regulations on the Status and Transfer of Players (RSTP). It pays particular attention to the changes introduced by FIFA's 2025 Interim Regulatory Framework. The RSTP aims to protect contractual stability while safeguarding the rights of both players and clubs. However, the meaning and application of just cause continue to raise important legal questions.Methods The article uses a doctrinal legal approach. It examines the RSTP, the 2025 Interim Regulatory Framework, the FIFA Commentary on the RSTP, decisions of the FIFA Dispute …
Deporting Disability, Tania Valdez
Deporting Disability, Tania Valdez
Faculty Publications
Since the enactment of the earliest migration laws in the United States, people with disabilities have been targeted for exclusion and expulsion based on stereotypes that they are either dangerous or not productive. Although some of the pejorative language regarding disability in the Immigration and Nationality Act (INA) has changed over time, certain statutory provisions and the very structure of the INA still allow ableism to operate broadly in immigration adjudications. This Article focuses on the subtle, but pervasive, ways that immigration law disfavors noncitizens with disabilities. In particular, this Article examines ableism in the context of removal (commonly known …
Corporate Social Responsibility And Firm Value: A Critically Appraised Topic, Shinika L. Byrd
Corporate Social Responsibility And Firm Value: A Critically Appraised Topic, Shinika L. Byrd
Engaged Management ReView
Corporate social responsibility (CSR) has become an important component of strategic management, yet whether it enhances firm value remains a debated question. This Critically Appraised Topic (CAT) synthesizes the most recent peer-reviewed evidence to examine the relationship between CSR and the firm value of U.S. publicly traded companies. The guiding research question is: Does corporate social responsibility improve firm value? Findings indicate that CSR does not consistently improve firm value. Rather, its impact depends on factors such as strategic alignment, governance quality, transparency, stakeholder perceptions, and market conditions. Evidence suggests that strategically integrated, employee-centered CSR initiatives are more likely to …
Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera
Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera
Journal of Maya Heritage
Resumen: En la península de Yucatán, en el sureste de México, la comunidad maya de Ixil resiste ante los diversos intentos de implementación de megaproyectos en su territorio. En el marco de estas disputas territoriales, las voces de las infancias adquieren un matiz clave en el análisis de las dinámicas de desterritorialización y las respuestas de resistencia que devienen del contexto del conflicto socioambiental. Es así como, a partir de la ecología política y metodologías que favorecen el acercamiento a las voces de las infancias, emergieron los significados construidos en torno a dichos sucesos, lo que reveló que más allá …