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Table Of Contents, Fiu Law Review

FIU Law Review

No abstract provided.

Introduction, Jorge L. Esquirol

FIU Law Review

No abstract provided.

Geographical Indications For Agricultural Products: Inconsistencies And Conflicts In Europe And The Global Arena, Lorenzo Bairati

FIU Law Review

Food systems are regulated by a global and hybrid legal framework. In fact, while supranational and international sources play an increasingly important role, private regulators are also becoming more and more involved alongside traditional public policy-makers. Within this context, Geographical Indications (GIs) serve as the main tool in the European Union and beyond to protect quality agri-food products.

This Article aims to explore these instruments in depth in order to analyze several critical aspects from the perspective of global governance, i.e., the networked, hybrid, and diffuse legal space that develops through the participation, negotiation, and strategic interaction between public and …

Comparing Access To Land: Drawing Parallels In Diverse Jurisdictions, Helena Alviar Garcia, Anamaría Muñoz Rincón

FIU Law Review

By exploring the intersection between transitional justice initiatives and transformative constitutionalism, this article proposes that fruitful comparative study covering similarities and differences between diverse definitions of property—challenges and possibilities of accessing it and the main characteristics of the disputes over it—in four jurisdictions can be advanced. A close examination of the classic liberal paradigm framing the transitional process reveals the ways in which a progressive and justice-driven understanding of property falls short in all the countries considered. To examine this, we look at how property clauses, substantively and procedurally, are construed in transformative constitutions sitting at the heart of the …

The Italian Rice Production: Between Tradition And Globalization, Bianca Gardella Tedeschi

FIU Law Review

The Article examines the Italian rice sector as a case study in how law mediates the tensions between territorial agricultural traditions and the pressures of globalization. Focusing on the rice-producing districts of Piedmont and Lombardy, the Article argues that the resilience of Italian rice production cannot be explained solely by agronomic or economic factors. Rather, it depends on a dense legal and institutional framework that structures water governance, quality control, market organization, and contractual relations across the supply chain.

The Article develops three principal claims. First, it shows that the competitiveness of Italian rice production rests on an integrated model …

The Making Of Egyptian Cotton: An Alternative Narrative Between Empire And Global Capital, Dina I. Waked

FIU Law Review

Egyptian cotton has become a celebrated brand. Referring to cotton as “Egyptian” signals a certain quality, luxury, and durability. Egyptian cotton has, thus, become its own trademark, a signifier of value, and a symbol of national heritage. This image is carefully curated. It is now protected under a licensing scheme of branding and marketing that assures that fraudulently claimed “Egyptian cotton” does not benefit from the added value this geographic location ascribes to it. The Egyptian Cotton Association was thus created 2005 to license and accredit the brand. Part of the curation of the brand image is a historical narrative …

Virtual Harm, Real Consequences: Constitutional Justifications For Criminalizing Ai-Generated Child Pornography, Adam Abdin

FIU Law Review

Advances in artificial intelligence (AI) have enabled the creation of hyper-realistic child sexual abuse images without any real child involved. These AI-generated depictions pose a unique challenge: they replicate the most pernicious form of pornography—child pornography—while potentially being claimed as “speech” immune from regulation. This paper argues that it is both constitutionally permissible and morally imperative to criminalize AI-generated child pornography. This article presents two doctrinal pathways to justify a ban. First, such content can be treated as unprotected speech under existing First Amendment exceptions. Courts have long held that child pornography and obscenity lie outside First Amendment protection, and …

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Regulatory Design Choices For Ai: The What, The Who And The How, Aziz Z. Huq

Public Law and Legal Theory Working Papers

This chapter identifies three common design choices that must be made in the course of an effort to regulate artificial intelligence “AI”). By isolating the way in which those different sovereign regulators approach these choices in respect to AI, it is possible to evaluate more clearly the likely effects of regulation, and to better understand aspects of regulatory design that to date have been overlooked. First, the “what” of AI regulation is not just a matter of how “AI” is defined, but also which element of the technology stack is targeted by law: compute, data, or models. Second, the “who” …

Educational Inequality In Health Insurance Coverage Before And After The Affordable Care Act, Madelaine R. Adamich

Journal of Earth and Life Science

Health insurance and health care accessibility have historically been ongoing issues within the United States. Two key factors associated with the likelihood of an individual being insured are educational attainment and income. The 2010 Affordable Care Act (ACA), which has been the largest overhaul of health care in the US to date, aimed to reduce disparities in health insurance coverage and health care accessibility. My research analyzes the extent to which the ACA succeeded in reducing disparities related to educational attainment. To examine the ACA’s effects, I utilize the US Census Bureau’s American Community Survey data from 2008 and 2015 …

Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman

Journal of Earth and Life Science

The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …

Powering The Machine, Draining The Planet: Whether U.S. Environmental Law Is Equipped To Regulate The Energy And Water Demands Of Ai Data Centers, Michael Marcu

Journal of Earth and Life Science

Artificial intelligence (AI) data centers have become one of the United States' fastest-growing and least-regulated sources of environmental stress. In 2024 alone, U.S. data centers consumed 183 terawatt-hours (TWh) of electricity more than the entire nation of Pakistan and consumed an estimated 17 billion gallons of water (IEA, 2025; Berkeley Lab, 2024). By 2030, electricity demand from these facilities is projected to reach 426 TWh, a 133% increase in six years (Pew Research Center, 2025). This paper examines whether the existing U.S. environmental regulatory framework put by the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the …

History And Tradition In First Amendment Intellectual Property Cases: A Critique, Rebecca Tushnet

Marquette Intellectual Property & Innovation Law Review

This Article examines the increasing reliance on "history and tradition" as a method of constitutional analysis in First Amendment cases involving intellectual property. The author argues that, although the Supreme Court has recently embraced this methodology in other constitutional contexts, particularly Second Amendment jurisprudence, it has long relied on similar reasoning to uphold intellectual property rights against First Amendment challenges. Through an analysis of cases involving the right of publicity, copyright, and trademark law, the Article contends that the Court has used historical analogies to justify expanding intellectual property protections while giving insufficient consideration to their impact on free expression. …

Not All Sunshine In Wisconsin: The Cloudy Public Disclosure Predicament Surrounding Trade Secrets, Amelia S. Murray

Marquette Intellectual Property & Innovation Law Review

This Comment will explore the current landscape surrounding trade secret protections in Wisconsin Open Records Law requests. The lack of access to state-protected trade secrets, and overall lack of transparency, effectively endangers the general health and safety of the Wisconsin public and environment. When a request is made for information under the Wisconsin Open Records Law pertaining to state information protected by trade secret, and the requester is denied access to such information due to its trade secrecy status, the state should have to disclose trade secret information if it poses a greater danger to environmental health, human health, or …

From Software To Multimedia: How Warhol's Refinement Of The First Fair Use Factor Upholds Prior Rulings Across The Copyright Landscape, Graham Lemke

Marquette Intellectual Property & Innovation Law Review

“Fair use” is a commonly invoked term of legal art that dates back to the 19th century and has undergone significant transformation since its inception. Specifically, the first factor of fair use, encompassing transformativeness, purpose, and commercial use, has generated significant circuit splits, leading to disparate outcomes for litigants depending on the presiding circuit. In an attempt to alleviate the unharmonious application of the fair use doctrine, the Supreme Court of the United States granted certiorari to a 2023 Second Circuit case involving the famed Andy Warhol Foundation. However, in the wake of the opinion’s release, critics have claimed that …

Blood Diamonds Of The Digital Age: The Need For Multi-Perspective Legislation On Cryptocurrency, Peter Derdzinski

Marquette Intellectual Property & Innovation Law Review

This comment examines how cryptocurrency is used in illicit cross-border transactions before examining some of the means currently employed to combat this criminal activity. Through analysis of the European Union’s Markets in Crypto-Assets (MiCA) regulations, this Comment proposes a multi-perspective approach for new legislation in the United States beyond the GENIUS Act of 2025. Specifically, this Comment argues that any new legislation needs to approach cryptocurrency as both a medium of exchange and as an investment vehicle or a store of value. Such legislation is necessary to create a trellis for cryptocurrency growth and to provide an organized approach for …

Risk, Reward, And Renewable Collateral: Can Ip Sustain Financing In Green Energy?, Nigel Blake

Marquette Intellectual Property & Innovation Law Review

As the transition from fossil fuels to renewable energy accelerates, intellectual property has become one of the most valuable assets held by emerging green technology companies. Patents, trademarks, copyrights, and trade secrets often comprise a greater share of these companies' value than tangible assets, making intellectual property an increasingly important source of collateral for commercial financing. At the same time, the renewable energy industry presents unique valuation challenges. Rapid technological innovation, shifting government policies, evolving consumer preferences, and uncertain market demand can significantly affect the value of intellectual property, creating substantial risks for both borrowers and lenders.

This Comment examines …

Contractual Democracy From Statehouse To School Board: Shifts In Legislation And School Board Authority In Kentucky, Hannah M. Edelen

University of Kentucky Doctoral Dissertations

School boards have long been regarded as a cornerstone of American democracy, providing local governance over public education. While considerable scholarship highlights the increasing involvement of state and federal governments in education, relatively few studies examine with specificity how legislatures shape the local authority of these governance structures. This study investigates how the Kentucky State Legislature has influenced the authority of local school boards over three legislative sessions (2020–2022) and how board members perceive their evolving role. Using a multi-method approach and conceptualized in principal-agent theory, this research contributes to understanding how legislatures shape the governing responsibilities of school boards …

A Golden Opportunity For New York: Caveat Emptor And Revised Mckinney's 465, Grady Miller

NYLS Law Review

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For centuries, the doctrine of caveat emptor has governed New York residential real estate transactions, rewarding sellers who do not disclose material defects affecting the property, and punishing unsuspecting buyers who fail to exercise due diligence. To alleviate the doctrine’s inherent unfairness to buyers, the New York …

Emden V. Museum Of Fine Arts, Houston, Beau Van Der Meulen

NYLS Law Review

No abstract provided.

People V. Riche, Timothy Mccormick

NYLS Law Review

No abstract provided.

Soft Diplomacy Today...Global Influence Tomorrow, Michael Sutnick

NYLS Law Review

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The United States stands at a critical juncture where its global influence depends on adapting visa and tourism …

The Crisis Of Appropriations Law, Samuel R. Bagenstos

Articles

Appropriations law is a unique body of federal law.  Appropriations law imposes its own somewhat baroque set of statutory interpretation principles, approves of very broad delegations to the Executive Branch without meaningful limiting principles, and is often exempt from judicial review.  But perhaps that is all about to change.  Donald Trump’s historically aggressive challenge to Congress’s power of the purse has spurred an unusually large volume of exceptionally high-stakes appropriations law litigation. 

The potential implications go beyond the high-profile issues such as enforcement of the Impoundment Control Act.  In general, the unusual features of appropriations law are built on a …

Apalsa Faculty Of The Year Award, Asian Pacific American Law Students Association, Notre Dame Law School

Student, Faculty, and Staff Awards

Presented to a Notre Dame Law School faculty or staff member who has provided unwavering support and dedication to the AAPI (Asian American and Pacific Islander) student community and the Asian Pacific American Law Students Association (APALSA). This award recognizes contributions that foster and uphold the values, heritage, and traditions of AAPI students.

Dean Joseph O’Meara Award, Notre Dame Law School

Student, Faculty, and Staff Awards

“Excellence is our platform, and we can be content with nothing less.” Presented annually to a member of the graduating class for outstanding academic achievement.

Established by the Class of 1964

Dwight King Service Award, Black Law Students Association, Ndls

Student, Faculty, and Staff Awards

Presented by Notre Dame Black Law Students Association to a BLSA member who has devoted considerable time, energy, and attention to both BLSA and the Notre Dame Law School community.

Jon E. Krupnick Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Chosen by the Trial Advocacy faculty or excellence in trial advocacy.

Judge Joseph E. Mahoney Award, Notre Dame Law School

Student, Faculty, and Staff Awards

Recognizes a graduating law student for outstanding leadership.

Colonel William J. Hoynes Award, Notre Dame Law School

Student, Faculty, and Staff Awards

The Hoynes Prize, is a gift of Dean William James Hoynes, 1878, LL.D. 1888, first dean of the Notre Dame Law School.

To the graduating law class member who has the best record in scholarship, application, deportment, and achievement.

Jessup International Moot Court Award, Notre Dame Law School

Student, Faculty, and Staff Awards

For excellence in advocacy as part of the Jessup Moot Court Team.