Digital Commons Network^™

Four Decades, No Progress: Time For A Columbia River Basin Compact, Liesl L. Bogaard

Michigan Journal of Environmental & Administrative Law

Since the Power Act’s passage in 1980, the government entities who develop and implement energy policy in the Pacific Northwest have operated under a congressional mandate to protect fish and wildlife in the Columbia River Basin. However, nearly half a century later, the number of wild salmon and steelhead returning to their native spawning grounds is still in decline, largely due to dam operations in the Columbia and its tributaries. This Note examines the history of hydroelectric power generation in the Columbia River Basin and its impact on fish populations, drawing parallels between the environmental crisis in the Columbia River …

Owning Geothermal Energy, Gabriel Eckstein

Michigan Journal of Environmental & Administrative Law

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

A Guide To The Best Reading Of Environmental Law: Presumptions For Stability In Statutory Interpretation, Sanne H. Knudsen

Michigan Journal of Environmental & Administrative Law

Administrative law is in flux and its doctrines flexible. Recent doctrinal shifts—like the ousting of Chevron and the introduction of the major questions doctrine—raise significant questions about how courts will determine the best reading of statutes and carve out a role for agency expertise in statutory interpretation. For environmental law, a field that relies heavily on federal agencies for implementation, the flux and flexibility of administrative law presents challenges. But they also present opportunities.

On the one hand, the recent changes to administrative law pose a destabilizing and deregulatory risk for environmental law unless courts develop a consistent methodology for …

Property Taxes And Educational Inequality: How Funding Structures Perpetuate Social Class Divides In San Antonio, Texas, Kristanna Martinez, Camila Ore

Posters - 2026

The U.S education system relies heavily on property taxes, creating an unhealthy dependence where property value dictates the quality of education depending on the school district

• In the historical case Edgewood v. Kriby, the Texas Supreme Court ruled that the reliance on local property taxes for school funding was unconstitutional, as it violated the state requirement that all children receive a “thorough and efficient” education. The court ruled that every district must be provided the same ability to obtain educational funds regardless of their local property wealth. • The purpose of this study is to examine if the 2025-2026 …

Armed Conflict: Addressing Violations Against Children's Human Rights, Noelia Torres Guillen

Posters - 2026

• Research question: How has armed conflict violated children's human rights, and how have international legal frameworks been effective in addressing these violations?

• The CRC sets the standard international definition, which defines a child as every human being below the age of eighteen years

• There are six grave violations: Killing and maiming of children, the recruitment or use of children as soldiers, sexual violence, abduction, attacks against schools and hospitals, and denial of humanitarian access for children.

• Argument (thesis): Although there are several legal instruments implemented to protect children's human rights during armed conflict, children are still …

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Antitrust And Economic Liberty, Doha Mekki

Center for Law and the Economy

Over the last few years, antitrust plaintiffs have won important victories in cases against digital platforms. They’ve won important cases involving real estate associations, elite private colleges, sports leagues, pharmaceutical companies, pork processors, and health insurers. In some cases, they have secured record-breaking jury verdicts and redress for harmed individuals.

The U.S. Department of Justice’s Antitrust Division has been active too. Last year, a federal court held that Google illegally maintained monopolies in general internet search and related search advertising markets. That case is about access to the information we see and use to make decisions about how we want …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Center for Law and the Economy

On November 10, 2022, the Federal Trade Commission (FTC or the “Commission”) issued a policy statement on the scope of unfair methods of competition under section 5 of the Federal Trade Commission Act (FTCA). This policy statement marked a significant shift, reviving a broad interpretation of the agency’s authority to police anticompetitive conduct. The antitrust defense bar reacted with alarm, arguing that the principles are overly ambiguous and lack guidance. This Essay contends that reaction is misplaced. The statement draws on a rich body of U.S. Supreme Court and circuit court precedent that the antitrust bar seems to have largely …

Data Siloing As A Solution To Google’S Illegal Monopoly, Derek Polson, Victoria Wood

Brigham Young University Prelaw Review

While the court-issued remedies prescribed in United States of America v. Google LLC (2024) aim to curb Google’s use of anticompetitive practices, they fail to address the structural mechanisms that sustain its monopoly. Antitrust remedies in the U.S. traditionally seek to (1) end anticompetitive practices and (2) reopen competitive market conditions. The court’s approach in this case does neither. By leaving intact Google’s ability to leverage significant barriers to entry and its unparalleled big data advantage, the court’s remedies preserve the very conditions that entrench Google’s dominance in the digital advertising and search engine markets. This note argues that data …

Reconsidering The Take It Down Act, Cate Thorpe

Brigham Young University Prelaw Review

In the past decade, there has been an increase in digital forgeries leading to the phenomena many have called “revenge porn.” This form of Nonconsensual Intimate Imagery (NCII) has been facilitated by AI-models that allow users to create false images or videos of someone’s likeness, often referred to as deepfakes. In an attempt to combat the dissemination of such forged NCIIs, Congress enacted the TAKE IT DOWN Act. The Act institutes a notice-and-removal procedure for victims to request the removal of  NCIIs depicting their likeness on covered platforms. While the TAKE IT DOWN Act sufficiently addresses some concerns, certain aspects …

The Inapplicability Of Government Speech Doctrine In School Libraries, Dallyn Edmunds

Brigham Young University Prelaw Review

Since 2021, the number of books removed from school libraries has risen dramatically. These removals have led to lawsuits and questions surrounding the control a state may exercise over the school library. In almost every current case, the government has argued these cases should be dismissed because of the government speech doctrine. A fairly recent creation, the government speech doctrine is the understanding that the government, in order to accomplish its purposes, may at times exercise viewpoint discrimination and regulate speech in ways that perhaps seem prohibited by the First Amendment. Evaluation in government speech cases has typically undergone a …

The Implication Of Permanence: Indigenous Water Rights In The State Of Arizona V. Navajo Nation, Collin Powell

Brigham Young University Prelaw Review

In the State of Arizona v. Navajo Nation, the Supreme Court asked the Navajo to accept a contradiction. In light of disagreements over water rights between Arizona and the Navajo Tribe, members of the Navajo pointed to the Treaty of Bosque Redondo. The Treaty was a compromise between the Navajo and US Officials to reparate the Navajo after “The Long Walk”: a series of forced relocations against the Natives that resulted in over 2,500 deaths. Among these reparations was the guarantee of a “permanent home” on US federal lands. For over a century, case law defined a “permanent home” to …

Full Issue

Brigham Young University Prelaw Review

No abstract provided.

Bringing Order To Chaos: Hearsay Rules In Immigration Courts, Joseph Romano

Immigration Law Blog

This Article examines the admission of hearsay evidence in immigration courts, where judges apply a flexible “probative and fundamentally fair” standard rather than the Federal Rules of Evidence. The Article identifies a lack of clear doctrinal guidance and resulting disparities across cases. To address this gap, the Article proposes a structured four-factor framework focusing on reliability, corroboration, opportunity for rebuttal, and outcome centrality to better ensure consistent and fair adjudication.

Fluctuating Hallucinations: On The Boundaries Of Immigration Judges’ Discretion In The Determination Of Asylum Based On Political Opinions, Yan Zhang

Immigration Law Blog

This article examines the enigmatic nature and blurred boundaries of the discretionary power exercised by immigration judges in asylum cases, highlighting how the scope of such discretion—whether broad or narrow—proves decisive for the applicants and their families. Through a comparative analysis of specific cases, the article underscores the critical importance of immigration judges seeking to discern and follow the true intent of the law—specifically, by deeply understanding and defining the threshold of “persecution,” delineating the boundaries of “political opinion,” and appropriately weighing and prioritizing immigration policies within their specific historical contexts. Furthermore, it is essential that judges conduct a comprehensive …

Mobility Without Retention: Reforming The Compact Of Free Association To Address Human Capital Flight, Ellery Miller, Porter O'Reilly

Brigham Young University Prelaw Review

In the aftermath of United States nuclear testing in the Republic of the Marshall Islands (RMI), which rendered several atolls uninhabitable, the country now confronts a different threat: sustained human capital flight. To compensate the RMI for nuclear damages, the United States signed into law the Compact of Free Association (COFA), a treaty structured around three core commitments: (1) defense and security, (2) economic assistance, and (3) unrestricted migration rights. Under COFA, Marshallese citizens may live and work in the United States without a visa, which has resulted in large-scale outmigration of the working-age and educated population. This Note argues …

Thinking Ahead: Ranking Substantive Canons To Protect Loper Bright, Tanner Macdonald

Brigham Young University Prelaw Review

After forty-two years, the Supreme Court overturned Chevron deference in their decision Loper Bright Enterprises v. Raimondo (2024). The decision suggested a rising inclination towards legal formalism in cases of statutory interpretation. This Note argues that if the Court intends statutes to be interpreted in accordance with formalism, clarification is needed. Loper Bright was not sufficient to clear up the inconsistencies in statutory interpretation that the Court used to overrule Chevron. Without a strong prescription, Loper Bright will eventually collapse on itself. A formal ranking of substantive canons is one type of structure that would support Loper Bright and enable …

Rethinking Antitrust In The Age Of Fintech, Quaid Knell, Olivia Mossman

Brigham Young University Prelaw Review

In cases involving large technology firms, current antitrust laws are proving difficult to enforce when applied through the traditional framework of price-centered metrics. Financial technology (fintech) companies are firms that integrate digital technology into financial services and operate through multi-sided platforms, and they are growing in number. This increased number of firms introduces the next challenge for antitrust enforcement, as traditional definitions of market dominance and monopolistic behavior are ill-suited to the realities of the digital landscape. Although there are no current antitrust lawsuits against major fintech firms, their existing structures and business models, if left unexamined, allow these firms …

“Loophole Of The Century”: Routine Use And The Privacy Act Of 1974, Joslynn Jensen

Brigham Young University Prelaw Review

This Note examines structural weaknesses in the Privacy Act of 1974 and argues that the statute no longer provides meaningful safeguards for personal information held by federal agencies. Enacted in the aftermath of the Watergate scandal, the Act was designed to ensure transparency, accountability, and individual control over government recordkeeping systems. However, two core features—the routine-use exception and the Act’s narrow remedial structure—have undermined these protections. The routine-use provision permits agencies to disclose personal records without individualized consent so long as the disclosure is deemed “compatible” with the purpose of collection and published in the Federal Register, a form of …

Regulating Ai, Jacob Leavitt

Brigham Young University Prelaw Review

Artificial intelligence, a new phenomena embedding itself in every aspect of public life, is advancing at unprecedented rates with potentially catastrophic consequences. While fragmented and reaction regulation frameworks are currently in place, based primarily on tort cases, this paper calls for a hybrid regulatory solution that combines federal administrative law and streamlined international policy. This paper assesses proposed regulatory solutions - tort law, an industry-drafted “AI Constitution,” a Communications Decency Act-style immunity framework, a domestic federal agency, and an international regulatory body. Based on these frameworks, the authors have developed five criteria for an effective solution - expertise, enforceability, obligation, …

Good Faith And The Ministerial Exception, Kailey Hopkins, Nathan Gurr

Brigham Young University Prelaw Review

Following the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, lower courts, in attempting to adhere to the ruling, have largely disregarded the Court’s explicit instruction to avoid adopting a “rigid formula” for determining ministerial status. Instead, they have repeatedly relied on the factors identified in that decision as a functional test. When the Court revisited the ministerial exception, it reaffirmed that no definitive legal standard governs the designation of a “minister,” while modestly broadening the doctrine by emphasizing that formal titles are less significant than functional considerations. This Comment argues that the lower courts’ …

Front Matter

Brigham Young University Prelaw Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

Masthead Volume 128, Issue 2

West Virginia Law Review

No abstract provided.

Fireside Chat | Victor Suthammanont '05: Financial Services Law 101, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

April 1, 2026

Trump V. Biden Judges, Stephen J. Choi, Mitu Gulati

SMU Law Review Forum

Curious about the merits of judges Donald Trump appointed in his first term as president, we previously looked at the performance of Trump-appointed judges as compared to those appointed by other presidents. On a set of three measures—productivity, influence, and independence—the Trump judges performed as well, if not better, than judges appointed by Presidents Obama and Bush. As for President Biden’s appointees, they did systemically worse than Trump’s. Biden judicial selections were, at the time we did our prior study, however, new judges. Maybe, we wondered, these judges would do better on our measures a year or two hence? What …

From Subjective Truth To Professional Duty: Navigating Controversy In The Law School Classroom, Karin Mika

Law Faculty Articles and Essays

By engaging in analyzing opposing viewpoints, students do more than just develop a broader understanding of other perspectives. Rather, students are forced to more clearly define and evaluate their own convictions. Moreover, by shifting the focus from a professor’s discussion of controversial opposing viewpoints to a student’s self-discovery, examining controversy remains an essential component of the classroom.

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

How Many Supreme Court Justices Can Stand On The Point Of A Needle? Originalist Scholarship, Political Neutrality, And Other Constitutional Nonsense, Stephen M. Feldman

Washington and Lee Journal of Civil Rights and Social Justice

In the 1935 article, "Transcendental Nonsense and the Functional Approach," Felix Cohen compared formalist legal reasoning, as practiced by traditional legal scholars and Lochner-era Supreme Court justices, to the philosophical musings of scholastic theologians. Unconnected to empirical reality, formalist legal reasoning was as nonsensical as a disquisition on “‘[h]ow many angels can stand on the point of a needle?’” Nowadays, originalist scholars are similarly engaged in nonsense. These scholars defend, refine, and practice originalist methods of constitutional interpretation as if the Supreme Court justices truly decided cases in accordance with the theory. Regardless, the justices—even the avowed originalists—do not consistently …

Harmless In Name Only: Prosecutorial Misconduct And The Right To A Fair Trial, Jennifer Brinkman

Washington and Lee Journal of Civil Rights and Social Justice

Prosecutorial misconduct during trial—particularly improper questioning of witnesses and improper argument—occurs in front of the jury and directly shapes its deliberations. Yet appellate courts routinely dismiss such misconduct as “harmless error,” allowing convictions to stand even when prosecutors violate defendants’ rights. This Article contends that the harmless error framework both underestimates the impact of misconduct on jurors and undermines the Constitutional guarantee of a fair trial. It proposes that certain instances of misconduct that occur during trial should be classified as structural error, requiring automatic reversal. This would protect defendants’ right to a fair trial and maintain the integrity of …