Digital Commons Network^™

Reflection And Gratitude: The Journal Of Food Law & Policy From A Twenty-Year Perspective, Margie Alsbrook

Journal of Food Law & Policy

Twenty years after the Journal of Food Law & Policy published its first issue, I find myself looking back with deep gratitude for the people who helped create it, for the students who sustained it, and for the community that continues to make it thrive. What began as an untested idea has grown into a respected publication and a cornerstone of a still-growing field. This essay is both a reflection on that journey and a heartfelt thank-you to everyone who made it possible.

Making A Martyr: The Inequity Of The Necessity Doctrine’S Application To The Fifth Amendment’S Takings Clause, Max Abrams

Villanova Law Review (1956 - )

No abstract provided.

2025 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Full Issue

BYU Law Review

No abstract provided.

Mobility And Power In Temp Work, Andrew Elmore

BYU Law Review

Labor mobility is an underdiscussed determinant of temp worker power. Drawing on original interviews with professional and blue-collar workers who work as and alongside temps, this Article shows how businesses use staffing agencies to restrict the labor mobility of contingent workers. Staffing agencies limit worker mobility by imposing user- and worker-side contractual restraints while misrepresenting themselves to temp workers as their sole employer. They also exploit state-imposed mobility limitations by recruiting foreign nationals and people leaving incarceration and channeling them into their most precarious work. This enables clients to dismantle internal labor markets and to fill staffing shortages without raising …

Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton

BYU Law Review

When dangerous social media challenges go viral and cause harm to adolescents and young children, should the platform be held liable for pushing that content? As it currently stands, Section 230 of the Communications Decency Act of 1934 prevents this from happening. However, Anderson v. TikTok—a recent suit brought on behalf of a ten-year-old girl who died after asphyxiating herself while participating in the viral “Blackout Challenge”—seeks to change that.

The Third Circuit court in Anderson held that social media algorithms should be considered first-party speech, or the platform’s own expressive activity, rather than third-party speech, displaying its users’ expressive …

The Rise And [?] Of Anti-Administrativism, Gary Lawson

BYU Law Review

Scholars have proclaimed the administrative state to be “Under Siege” or subject to a “Never-Ending Assault.” Was the election of President Donald Trump on November 5, 2024, the sixth, if not yet the seventh, day around the walls?

This seems an appropriate time to consider the present and future of opposition to the administrative state—something that has come to be dubbed “anti-administrativism.” The first task, as is usually the case when one seeks intellectual clarity, is to figure out what one is talking about. What is this “anti-administrativism”? Without knowing the answer to that seemingly simple question, one cannot accurately …

Textualist Reasoning And The Open Fields Doctrine: A Survey Of State-Constitutional Decisions, Ariel Krogue

BYU Law Review

State constitutions can, and often do, provide more extensive individual rights than the Federal Constitution affords. When this occurs, state courts frequently cite textual differences between the Federal Constitution and their own state constitutions to explain their departures from federal norms. But do textual differences between the Federal Constitution and state constitutions actually explain why some states offer more constitutional protection than the federal government does? When it comes to the Fourth Amendment’s open fields doctrine, the answer is no.

This Note provides a fifty-state survey of state-constitutional search and seizure provisions; it also identifies those states that have rejected …

Standing In The Dark, Sharon Brett

BYU Law Review

Demonstrating standing for injunctive relief in § 1983 police misconduct cases is undisputedly difficult for civil rights plaintiffs. Under City of Los Angeles v. Lyons, plaintiffs seeking injunctions must present more than evidence of past misconduct; they must show a significant ongoing risk that they will experience the same misconduct again. Scholarly attention to Lyons has focused primarily on doctrinal errors in the Court’s legal analysis, and for good reason. But the case raises another important yet overlooked question: Can civil rights plaintiffs realistically demonstrate risk of future harm given (a) the limited data kept by law enforcement about their …

Insider Trading & Unconstitutionally Compelled Speech, Steven J. Cleveland

Villanova Law Review (1956 - )

No abstract provided.

The Enduring Value Of Copyright Harmonization, Stefania Fusco

Villanova Law Review (1956 - )

No abstract provided.

Federal Judicial Misconduct: The Need For Higher Standards On Lower Courts, Nino C. Monea

Villanova Law Review (1956 - )

No abstract provided.

High At Home: How The Continued Federal Prohibition Of Cannabis In Federally Subsidized Housing Perpetuates The War On Drugs, Marcella Jackson

Villanova Law Review (1956 - )

No abstract provided.

A Soldierly March Towards Freedom: Treading Through The Great Climate War On The Arms Of Amendments And Fiduciary Duty, Karina Zakarian

Villanova Law Review (1956 - )

No abstract provided.

Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton

Villanova Law Review (1956 - )

No abstract provided.

Discovering Melodies Or Discovering Lawsuits? Why The Discovery Rule Is Increasingly Inapplicable To Copyright Infringement As The War Over Generative Ai Wages On, Jack Pilon

Villanova Law Review (1956 - )

No abstract provided.

Six More Weeks Of Winter: The Third Circuit Rejects The Second Circuit’S Lenient Sec Asset Freeze Test And Champions Tradition In Sec V. Chappell, Elayna Tsiouplis

Villanova Law Review (1956 - )

No abstract provided.

Zmiany W Przepisach Dyrektywy Mcd – Postulaty De Lege Ferenda W Zakresie Ochrony Konsumenta-Kredytobiorcy Hipotecznego, Piotr Gałązka, Weronika Tołściuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The object of this article is to assess the functioning thus far of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on consumer credit agreements relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (Mortgage Credit Directive, MCD) in the mortgage market in the European Union, in light of calls for consumer protection of mortgage credit services made by representatives of consumer organisations, lenders, supervisors of financial market institutions, and EU institutions. The Directive has generally led to an increase in the level of consumer protection acting …

Function Over Form: Why Wipo's Procedural Treaties Are Not Enough, Cassidy Serger

University of Cincinnati Law Review

No abstract provided.

Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley

University of Cincinnati Law Review

No abstract provided.

Twilight Of Deference? Kisor, Chevron, And The Fate Of Deference To The Commentary Of The United States Sentencing Guidelines, Hannah May

University of Cincinnati Law Review

No abstract provided.

A Bottom-Up Approach To Ai Facial Recognition Technology Wrongful Arrests And Subsequent 42 U.S.C. § 1983 Actions, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

The Due Process And Policy Implications Of The Laken Riley Act, Abigail Adu

University of Cincinnati Law Review

No abstract provided.

Enabling Unpredictability And The Perils Of Judicial Science And Math In Ohio V. Epa, Neil Taylor, Bradford Mank

University of Cincinnati Law Review

No abstract provided.

Corner Post, Caremark, And The Rule Of Law: When Corporate Fiduciaries Should Reject Corner Post's Invitation To Sue, Kate Jackson, Bridget Dooling

University of Cincinnati Law Review

No abstract provided.

Regulatory Uncertainty And The New Administrative Law, Lisa Heinzerling

University of Cincinnati Law Review

No abstract provided.

Dysregulation, John Applegate

University of Cincinnati Law Review

No abstract provided.