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Member Masthead, Georgia State University College Of Law

Georgia State University Law Review

No abstract provided.

Finding The Major Questions Doctrine, Chad Squitieri

Pepperdine Law Review

The major questions doctrine has been invoked primarily in the rulemaking context, where it requires agencies to identify particularly clear statutory authority before promulgating rules of “major” importance. Some scholars have suggested that the doctrine is a tool that should be limited to agency actions that are purportedly “legislative” in nature (e.g., rulemakings)—meaning the doctrine would not apply in other contexts, such as agency adjudications and enforce-ment actions that may not be similarly “legislative.” This Essay responds by arguing that the major questions doctrine is best understood as a limit on executive authority—meaning the doctrine could apply across a wider …

Armed And Impaired: Balancing Second Amendment Protections With Contemporary Societal Concerns, Joshua Laderer

Liberty University Law Review

This Note examines the evolving interpretation of the Second Amendment in light of recent Supreme Court precedent, with a particular focus on the constitutionality of 18 U.S.C. § 922(g)(3) under the test set forth in New York State Rifle & Pistol Ass’n v. Bruen. The Court has had relatively limited occasion to undertake a comprehensive interpretation of the Amendment; of the four major decisions to date, three have been issued within the past two decades. In United States v. Miller, the Court anchored its analysis in the context of militia service, establishing a precedent that would go largely …

More Than Mere Semantics: Why Virginia Cannot Force Preferred- Pronoun Mandates On Public School Teachers Under Virginia’S Religious Freedom Restoration Act, Isaac Rizkallah

Liberty University Law Review

Right now, school administrators and jurists across the nation are wondering how to address the legal implications of the transgender movement in public schools. In response, many public schools have adopted policies requiring teachers to identify transgender students by their preferred pronouns. These preferred-pronoun mandates have created face-offs between the personal preferences of transgender students and the religious tenets of teachers. As a result, school officials and courts around the United States find themselves wedged between this clash.

Unfortunately, the tension is often resolved at the teachers’ expense. But what are the consequences? Homogenization of thought and belief among public …

How Much Can A Coffee Table Really Cost You? What To Do With Websites, Testers, And Serial Filers Within The Context Of The Ada, Ava Perez Erickson

Liberty University Law Review

Differences have been used throughout history to separate that which is deemed superior from that which is inferior. Disabilities, both physical and mental, are what history has often deemed a mark of the inferior. With little rationale to explain the occurrence of many disabilities, man turned to divine punishment and quasi-scientific movements to fill the gaps and explain the existence of what was assumed to be a lesser, plighted people. Our modern nation is no different and found itself, for the better half of the 20th century, enamored by the eugenics movement, satisfied with the explanation that disabled individuals were …

The Pass-Through Entity Tax Workaround: A Comprehensive Overview, Timothy A. Kranick

Liberty University Law Review

The Tax Cuts and Jobs Act (TCJA) enacted a $10,000 cap on the State and Local Tax (SALT) deduction on Form 1040, Schedule A. Had this cap been implemented a year earlier, it would have impacted some 10.9 million taxpayers and would have disallowed approximately $323 billion in deductions. It was also projected that during the duration of the cap, New York taxpayers alone would pay approximately $121 billion more in federal taxes, and the state revenue would greatly suffer. In response to the cap , and as a result of its impact, states established certain workarounds, the most popular …

Striking The Right Chord: Reframing Music Copyright Through The Lens Of The First Amendment, Arielle C. Knight

Liberty University Law Review

Music, as both artistic expression and a commercial product, occupies a unique space at the intersection of copyright law and the First Amendment. While copyright law aims to promote creativity by protecting original works, its current application to music often undermines the very innovation it seeks to encourage. Courts have recognized that some musical elements are not copyrightable because they are so inherent to music that the idea merges with its expression. However, with advancements in technology such as music streaming services and AI-created music, courts increasingly face difficulties in distinguishing between protectable musical expression and the unprotectable building blocks …

Actual Innocence In Virginia: Why The Requirements For A Successful Writ Must Remain Limited, Cameron D. Barshinger

Liberty University Law Review

Benjamin Franklin once said, “It is better a hundred guilty persons should escape than one innocent person should suffer.” To achieve this goal, the Commonwealth of Virginia has implemented a system through which a falsely convicted person is given another opportunity to prove his innocence: writs of actual innocence. A writ of actual innocence provides a second chance to a person wrongfully convicted of a crime. It can allow a “murderer” to prove his innocence and expunge his record after falling short of convincing a judge or jury at trial. Virginia has strict requirements for those seeking writs of actual …

If You Want To Get Away With Indecent Exposure, Do It Online, Rebekah E. Bynum

Liberty University Law Review

If a person exposes his or her genitals to a minor in private or in public, that person would be guilty of indecent exposure. But if a person exposes his or her genitals to a minor over video chat, no harm, no foul. Similarly, if a person exposes his or her genitals to a minor via text message, there are no repercussions. Why is it that the same act—when done through a screen—functions like a loophole to a crime? The reason for this “loophole” is because of a misunderstanding of the crime of indecent exposure. The crime was developed, not …

The Cost Of Admission: Consent, Non-Waivability, And The Governance Of Migrant Labour, Hanny Ben-Israel, Hila Shamir

Comparative Labor Law & Policy Journal

This article examines how the principle of non-waivability in labour law is being systematically eroded for migrant workers. It argues that a fundamental tension exists between labour law — which seeks to protect and empower workers — and migration law — which prioritises the welfare of citizens, instrumentalises migrant labour, and seeks to limit redistribution of a nation’s resources, benefits, and opportunities to non-citizens. The article demonstrates how consent-based arguments, rooted in migration law, are used to justify the exclusion of non-citizens from otherwise non-waivable labour protections. By analysing legislative, judicial, and policy decisions, it reveals how these arguments contribute …

Outsourcing Legal Modernity: Late Colonial Constitutionalism In Muslim Northern Nigeria, Rabiat Akande

Articles & Book Chapters

The final years of British imperial rule in Northern Nigeria witnessed efforts to source appropriate models of legal modernization from the Muslim world. The models afloat in constitutional discourse, those of Libya, Sudan, Pakistan, and Egypt, were held up by respective proponents as ideal for resolving the long-fraught question of the relationship between Islam and public law in a modern state. Yet, the evocations of these foreign models were idealized imaginaries; by framing these models as settled facts, the Northern Nigerian evocations flattened the constitutional experience of these states and obscured unfolding struggles over the nature of legal modernity. Against …

Hungarian Steps Towards Freedom Of Contract, Tamás Gyulavári

Comparative Labor Law & Policy Journal

Since 1992, derogations have been allowed in individual agreements in favour of employees, with minor exceptions. The labour law reform of 2012 brought about the comprehensive reform of the hierarchy of labour law sources. As for individual agreements of the parties, the Labour Code retained the traditional rule of favourability, however, with a growing number and importance of exceptions allowing in peius derogations. Section II sets the scene by explaining the legal hierarchy of labour law sources, including derogations in collective agreements, agreements of the parties, and the meaning of the “more favourable rule.” Against this background, Section III delves …

When Tokenized Real-World Assets Collide With Real World, Biying Cheng, David J. Reiss

Cornell Law Faculty Publications

The city of Detroit filed a public nuisance lawsuit in July of last year in the Michigan Circuit Court for the Third Judicial Circuit against Real Token, its co-founders and 165 affiliated entities, alleging building code and safety violations across over 400 Detroit residential properties.[1] RealT is a blockchain real estate platform that sells fractional interests in individual U.S. rental properties through the issuance of crypto security tokens.

On July 22, the judge issued a temporary restraining order — later converted into a preliminary injunction on Nov. 4 — barring RealT from collecting rent, pursuing evictions without a certificate of …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Volume 45, Issue 4

Non-Waivability In Labour Law: A Foundational Principle In Transition, Guy Davidov, Cynthia Estlund

Comparative Labor Law & Policy Journal

EMPLOYMENT RIGHTS SECURED IN LEGISLATION cannot be waived by employee consent. This is almost a trite proposition, a truism that labour lawyers and students usually take for granted.

Non-Waivability In Labour Law: An Australian Perspective, Joellen Riley Munton

Comparative Labor Law & Policy Journal

Australian industrial relations laws traditionally provided detailed mandatory standards through a system of arbitrated occupation-based awards. In the years since a shift to enterprise bargaining, the system has tolerated a greater level of flexibility, even in the way that legislated minima are framed. The options for waiving otherwise mandatory standards are, however, limited by procedural protections. The Fair Work Commission maintains a supervisory role to ensure that workers are “better off overall” as a consequence of their bargains. This article explains the many ways in which Australian labour standards permit flexible application, within constraints designed to preclude exploitative practices.

The Non-Waivability Principle: Possible Derogations From Collective Bargaining And Re-Assessment Of Individual Bargaining In Assisted Procedures, Elena Gramano, Silvio Sonnati

Comparative Labor Law & Policy Journal

This article examines the evolving landscape of Italian labour law, with a focus on the principle of non-waivability and its gradual adaptation to demands for flexibility and competitiveness. Traditionally, the Italian labour law framework has been characterised by a strong non-waivability regime, which protects employees from negotiating away their rights due to inherent power imbalances vis-à-vis employers. However, recent regulatory developments have facilitated a shift towards both collective and individual agreements that allow deviations from statutory provisions, including to the detriment of employees. The article analyses the implications of this trend, exploring key regulatory models that enhance the role of …

Waiver Of Statutory Employment Rights In The United Kingdom, Hugh Collins

Comparative Labor Law & Policy Journal

The common law endorses the principle of freedom of contract, but, with few exceptions, Parliament has explicitly prevented straightforward waivers of statutory employment rights. Nevertheless, for the sake of promoting settlements of claims by employees, it is surprisingly easy for individual employees to enter into agreements to compromise claims for breach of those rights without appropriate safeguards such as independent advice and freedom from pressure. Moreover, employers’ lawyers have demonstrated considerable ingenuity in finding ways to avoid the application of employment rights either by manipulations of employment status or by seeking contractual agreements on the facts of the case that …

Relaxation Of Mandatory Rules Through Collective And Individual Agreements In Japanese Labour Law, Ryuichi Yamakawa

Comparative Labor Law & Policy Journal

This article analyses the legal situation in Japan regarding the relaxation of or deviation from mandatory regulations in labour law through collective and individual agreements. Although many statutory labour laws in Japan have a mandatory effect over individual employment contracts, several statutory provisions provide that such mandatory regulations can be relaxed through collective agreements under certain circumstances, as is the case in other industrialised countries. However, Japan’s situation is unique insofar as the relaxation is permissible through collective agreements concluded by non-union (individual) representatives of a majority of employees in the absence of union representatives who have been elected by …

Derogability By Collective Agreements In Germany And The Presumption, Eva Kocher

Comparative Labor Law & Policy Journal

The promotion of derogability clauses, which allow collective agreements to deviate from statutory protection to the detriment of employees, has been an issue in the political debate on German labour law for some 20 years. While such derogability clauses can effectively allow for flexibility at the company or sectoral level, there are differing views on their suitability for promoting collective bargaining. This article highlights the paradox of such derogability clauses: They are legitimised by the presumption of fairness that underpins collective autonomy; at the same time, they create incentives for employers that challenge the very presumption of fairness. All in …

The International Covenant On Economic, Social And Cultural Rights And The Employment Relation By Klaus Lörcher, Niklas Bruun, Ana Teresa Ribeiro, Hart Publishing, 2025, Manfred Weiss

Comparative Labor Law & Policy Journal

AFTER HAVING PUBLISHED THREE ENLIGHTENING BOOKS on the European Convention on Human Rights (ECHR), on the European Social Charter (ESC), and on the Charter of Fundamental Rights of the European Union (CFREU), the authors of the Transnational Trade Union Rights Expert Network of the European Trade Union Institute have now transcended the European territory and presented a publication on a global scale.

Derogability From Swedish Statutory Labour Law, Birgitta Nyström

Comparative Labor Law & Policy Journal

The possibility for the social partners to derogate from statutory legislation in the area of labour and employment law is an important characteristic of the so-called “Swedish model” for industrial relations and labour market regulation. With a system built on collective bargaining and collective agreements, and where legislation in the labour law area was rather scarce until the 1970s, freedom for the social partners is a core element. The possibility to derogate from certain parts of statutory labour law by collective agreements also gives room to adapt rules for different kinds of businesses and trades. Sweden is a member of …

Antibiotics In Animal Agriculture, The Risks To Health, And Differences In The Us And The Eu, Li-Ting Chou

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

When Earth’S Lungs Collapse: How Wetland Loss Threatens Air Quality After Sackett V. Epa, Julia A. Hicks

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

October 7th Through The Eyes Of An Idf Combat Soldier, Benjamin N. Cardozo School Of Law, Cardozo Jewish Law Student Association (Jlsa), The Jewish Grad Organization, End Antisemitism And Promote Peace

2025–2026 Flyers

Ira Kohler, a lone soldier from Plainview, Long Island, NY, fought in the Israel-Hamas war. He will share his experience going from a suburban kid on Long Island, graduating from the University of Delaware, to enlisting in the IDF, serving over two years as a combat soldier, and then finding himself in the midst of a brutal war.

Vol. 70, No. 6 (February 16, 2026)

Indiana Law Annotated

No abstract provided.

Social Media’S Death Toll: Who Should Be Held Liable?, Sara Fradi

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Communicative Legitimacy: The Supreme Court's Hidden Cultural Binaries In The U.S. Civil Sphere, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. Supreme Court establish its legitimacy? Over the last two hundred years in U.S. society, the Court has interpreted the U.S. Constitution on watershed issues such as slavery, segregation, and marriage equality. And yet the Constitution is just 7,591 words. A puzzle thus emerges: how does the Court intelligibly interpret this short text for U.S. society? This article develops a new theoretical and empirical cultural sociological account of such Supreme Court decision-making, which it calls “communicative legitimacy.” According to this theory, which draws on Jeffrey Alexander’s civil sphere theory, the Court consistently and inevitably draws on a …

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Double-Edged Sword Of Ai In Elections: Navigating Risks And Opportunities In Washington State, Payvand Khastkhodaei

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.