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The Right To Exclude Revisited: (Non)Issues Of Squatting In New York City, William Phillips Jan 2026

The Right To Exclude Revisited: (Non)Issues Of Squatting In New York City, William Phillips

Student Works

No abstract provided.


The Department Of Education “Needs Assistance:” Redefining And Reinforcing Compliance Under The Individuals With Disabilities Education Act, Jacklyn Morgentaler Jan 2026

The Department Of Education “Needs Assistance:” Redefining And Reinforcing Compliance Under The Individuals With Disabilities Education Act, Jacklyn Morgentaler

Student Works

No abstract provided.


Fighting For Fairness: Combating Wage Disparities, Unequal Pay, And Lack Of Protections Through The Reclassification Of Ufc Fighters, Salma Mohamed Jan 2026

Fighting For Fairness: Combating Wage Disparities, Unequal Pay, And Lack Of Protections Through The Reclassification Of Ufc Fighters, Salma Mohamed

Student Works

No abstract provided.


Navigating Change Amidst Ambiguity: A Survey Of Collegiate Athlete Legal Status And Compensation, Andrew C. Marino Jan 2026

Navigating Change Amidst Ambiguity: A Survey Of Collegiate Athlete Legal Status And Compensation, Andrew C. Marino

Student Works

No abstract provided.


Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman Jan 2026

Who Can Be Disarmed? The Critical Need For The Return To Means-End Scrutiny In Rejection Of Bruen’S History And Tradition Test, Candacie Hilliman

Student Works

No abstract provided.


The Economics Of Abortion Access: Making The Case For Federal Abortion-Codifying Legislation Post-Dobbs Based On Economic Impact, Elyse Genrich Jan 2026

The Economics Of Abortion Access: Making The Case For Federal Abortion-Codifying Legislation Post-Dobbs Based On Economic Impact, Elyse Genrich

Student Works

No abstract provided.


Cancer Misdiagnosis Continued: A Case For An Expanded Understanding Of The Continuous Treatment Doctrine In New York Actions Alleging Negligent Failure To Diagnose Cancer, William Frasco Jan 2026

Cancer Misdiagnosis Continued: A Case For An Expanded Understanding Of The Continuous Treatment Doctrine In New York Actions Alleging Negligent Failure To Diagnose Cancer, William Frasco

Student Works

No abstract provided.


It’S Not A Trap!: How Employers Can Adjust To Noncompete Agreement Bans & Restrictions With Fair Alternatives, Sophia D’Agostino Jan 2026

It’S Not A Trap!: How Employers Can Adjust To Noncompete Agreement Bans & Restrictions With Fair Alternatives, Sophia D’Agostino

Student Works

No abstract provided.


Extraordinary And Compelling: Considering Actual Innocence In Compassionate Release, Peter Arleo Jan 2026

Extraordinary And Compelling: Considering Actual Innocence In Compassionate Release, Peter Arleo

Student Works

No abstract provided.


Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal Jan 2026

Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal

Student Works

No abstract provided.


A Change Is Gonna Come:* Copyright Termination As Social Justice For Black Musical Creators, Natalie Polito Jan 2026

A Change Is Gonna Come:* Copyright Termination As Social Justice For Black Musical Creators, Natalie Polito

Student Works

No abstract provided.


The Right To Intervene: Why Tribal Nations Should Be Able To Intervene In Antiquities Act Cases, Kara Yannotta Jan 2026

The Right To Intervene: Why Tribal Nations Should Be Able To Intervene In Antiquities Act Cases, Kara Yannotta

Student Works

No abstract provided.


Are Ai Art Generation Programs Replacing Small Artists? The Technology Copyright Law Couldn’T Foresee, Brandon U. Velez Jan 2026

Are Ai Art Generation Programs Replacing Small Artists? The Technology Copyright Law Couldn’T Foresee, Brandon U. Velez

Student Works

No abstract provided.


Robey V. Sparc Grp. Llc: A Call For New Jersey Legislature To Amend The New Jersey Consumer Fraud Act, Addressing Inconsistencies With Legislative Intent, Michael C. Stile Jan 2026

Robey V. Sparc Grp. Llc: A Call For New Jersey Legislature To Amend The New Jersey Consumer Fraud Act, Addressing Inconsistencies With Legislative Intent, Michael C. Stile

Student Works

No abstract provided.


Censoring History: Florida’S “Stop Woke” Legislation, The Fight Over Critical Race Theory, And The Case For Inclusive Curricula., Chloe Schafer Jan 2026

Censoring History: Florida’S “Stop Woke” Legislation, The Fight Over Critical Race Theory, And The Case For Inclusive Curricula., Chloe Schafer

Student Works

No abstract provided.


Disclose Tenant Rights: A Call For Congress To Pass A Conditional Spending Grant For State-Mandated Tenant Disclosure Forms, Salvatore Imbornone Iii Jan 2026

Disclose Tenant Rights: A Call For Congress To Pass A Conditional Spending Grant For State-Mandated Tenant Disclosure Forms, Salvatore Imbornone Iii

Student Works

No abstract provided.


Control To Chaos: How The Ncaa’S New Transfer Portal Regulations Created Contractual Issues While Aiming To Provide Student Athletes Unlimited Freedom., Michael Granda Jan 2026

Control To Chaos: How The Ncaa’S New Transfer Portal Regulations Created Contractual Issues While Aiming To Provide Student Athletes Unlimited Freedom., Michael Granda

Student Works

No abstract provided.


Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto Jan 2026

Strengthening Ethical Ai: Counteracting Racism In Predictive Policing, Nicholas Giaquinto

Student Works

No abstract provided.


Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman Jan 2026

Incarcerated Infants: The Mothers And Infants Nurturing Together Program And New Jersey’S Obligation To Care For Its Children, Hayley G. Friedman

Student Works

No abstract provided.


An Unjustified Judicial Invention: A Case For The Removal Of The Natural Law Exception For Patentable Subject Matter, Bradley O. Schlager Jan 2026

An Unjustified Judicial Invention: A Case For The Removal Of The Natural Law Exception For Patentable Subject Matter, Bradley O. Schlager

Student Works

No abstract provided.


New York City’S Right To Shelter: Navigating Implementation Challenges During The Asylum-Seeking Crisis, Alejandra Aguirre Jan 2026

New York City’S Right To Shelter: Navigating Implementation Challenges During The Asylum-Seeking Crisis, Alejandra Aguirre

Student Works

No abstract provided.


Hester’S Dubious Roots And Legacy: Open Fields Doctrine Under Scrutiny, Laura K. Donohue Jan 2026

Hester’S Dubious Roots And Legacy: Open Fields Doctrine Under Scrutiny, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

For over a century, open fields doctrine has shaped Fourth Amendment law, denying people the right to be secure on their own property. Its application has steadily expanded, with the result that, by some estimates, the Government can now engage in warrantless surveillance of some ninety-six percent of private land and buildings regardless of fences, postings, the distance from public roads or byways, or the use to which the property is put. An originalist approach throws the doctrine into disarray: at the time of the Founding, common law protected the curtilage, which extended to the fields, barns, storehouses, and other …


Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen Jan 2026

Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen

Georgetown Law Faculty Publications and Other Works

The ability of Jesuit educational institutions to pursue a central part of their mission – that of fostering diverse, equitable and inclusive educational environments – is under attack. This essay outlines several dimensions of their religiously-grounded mission and the reasons to strongly protect from government interference the rights of Jesuit universities to implement programs and practices that align with DEI values. First, for Jesuit universities, these programs and practices are rooted in a much deeper culture of the more than 2,000-year old Catholic intellectual tradition and the now 500-year old tradition of Jesuit spirituality. Second, drawing on the classic work …


Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain Jan 2026

Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …


Bidenomics: An Analysis, Chad Marzen Jan 2026

Bidenomics: An Analysis, Chad Marzen

Dickinson Law Review (2017-Present)

“What’s Bidenomics? It’s about investing in—and I feel like I’m going to—I’m going to try not to repeat some of what my colleagues have already said, but it’s about investing in America—investing in America and investing in Americans—American People” – Former President Joseph R. Biden, Jr.1 “It’s about growing the economy from the middle out and bottom up instead of the top down. Because when the middle class does well, the poor have a ladder up and the wealthy still do very well.” – Former President Joseph R. Biden, Jr.2 “The West Wing may believe Bidenomics is working …


Trained, Trusted, And Vetted, But Still Unarmed: The Army Is Bucking Congress And The Court By Continuing To Prohibit Concealed Carry, Major Jonathon L. Krisko Jan 2026

Trained, Trusted, And Vetted, But Still Unarmed: The Army Is Bucking Congress And The Court By Continuing To Prohibit Concealed Carry, Major Jonathon L. Krisko

Dickinson Law Review (2017-Present)

The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment …


Autonomous Ai And Ownership Rules, Frank Fagan Jan 2026

Autonomous Ai And Ownership Rules, Frank Fagan

Dickinson Law Review (2017-Present)

As artificial intelligence (AI) systems become increasingly autonomous, traditional notions of ownership will adapt. Historically, property rights have been grounded in traceability, enabling legal and economic systems to allocate ownership efficiently through doctrines such as accession (ownership by connection), and first possession (ownership by labor). Property law also recognizes that abandoned property, when considered untraceable to its original owner, can be efficiently reassigned through accession, ensuring that resources do not remain ownerless. However, autonomous AI systems capable of self-replication, self-governance, and independent economic activity complicate these established principles, raising new questions about how ownership should be determined when AI is …


Suppressing The Surge: Starbucks And The Limits Of Labor Rights, Ivan Garcia Jan 2026

Suppressing The Surge: Starbucks And The Limits Of Labor Rights, Ivan Garcia

Dickinson Law Review (2017-Present)

In the wake of the 2020 COVID-19 pandemic, Starbucks workers launched an unprecedented movement to organize workers at each store. Starbucks management responded to this movement with an unlawful union busting campaign. The National Labor Relations Board found that the Starbucks campaign violated workers’ rights to engage in union activity under the National Labor Relations Act. Starbucks’ efforts allowed them to stave off any collective bargaining agreement between the stores and the union. The company adopted aggressive tactics in the run-up to worksite elections which the Board found amounted to unlawful interference. The endeavor to organize workers at Starbucks stores …


Shock The System: Pouring Water On The Cpuc’S Income-Graduated Flat Rates In Favor Of More Effective Rate Structures, Benjamin Hill Jan 2026

Shock The System: Pouring Water On The Cpuc’S Income-Graduated Flat Rates In Favor Of More Effective Rate Structures, Benjamin Hill

Dickinson Law Review (2017-Present)

The volume of rate cases in the United States continues to increase, resulting in constant price hikes for utility customers. The battle between corporate profit and consumer financial satisfaction will likely continue. Considering these diametrically opposed interests, the California Public Utility Commission, at the behest of the California legislature, decreased the rate consumers pay for usage and added fixed fees based on income to utility bills. The broader goals of the Commission’s model are to maintain utility profitability, alleviate the financial burden consumers face, promote energy conservation, and develop energy efficient technology to combat greenhouse gas emissions. This Comment will …


Remarks On The College Athlete As Employees In The Name, Image, And Likeness Landscape, Dan Nash Jan 2026

Remarks On The College Athlete As Employees In The Name, Image, And Likeness Landscape, Dan Nash

Dickinson Law Review (2017-Present)

No abstract provided.