Digital Commons Network^™

The Originalist Case Against The Insular Cases, Michael D. Ramsey

Florida Law Review

Concurring in United States v. Vaello Madero, Justice Neil Gorsuch argued that the Insular Cases are contrary to the Constitution’s original meaning and should be overruled. The Supreme Court’s decisions in the Insular Cases, which created a second-class constitutional status for U.S. overseas territories, have also been criticized by leading originalist scholars such as Professors Gary Lawson and Michael Paulsen. However, there is no fully developed scholarly assessment of the Insular Cases from an originalist perspective; their inconsistency with an originalist approach is more assumed than proven. This Article fills that gap. Using the methodology of original public …

The Big Cost Of Small Farms, Tammi S. Etheridge

Florida Law Review

Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat is so ingrained in our culture that, historically, small increases in meat prices have driven the populace to riot. Today, meat prices are rising. Simultaneously, the largest meat processors and packagers are seeing record profits. Consumers, in turn, are outraged. Their emotions are being fueled by politicians who blame rising profits on a pandemic of greed and collusion and then argue that rigid antitrust enforcement is the only solution.

This …

The Chilling Effects Of Dobbs, Jonathon W. Penney, Danielle Keats Citron, Alexis Shore Ingber

Florida Law Review

The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion providers and patients. Police and prosecutors have easy access to commercial reservoirs of intimate data. As individual accounts made clear in the wake of the Dobbs v. Jackson Women’s Health Organization decision, corporate surveillance of intimate life chilled expressive activities, such as searching for information about reproductive health and using period tracking apps. Health professionals did not feel safe to speak out about the impact of new abortion laws. Harassment and threats directed at abortion clinics and at …

No Eyes In The Skies: State Of Alaska V. Mckelvey’S Impact On Aerial Surveillance In Alaska, Lauren Beizer, Johanna Crisman

Alaska Law Review

Alaska contains a dynamic and complex aviation culture. As one of the most visually captivating places on earth, Alaska also hosts enthralling scenery that could be deemed a photographer’s dream landscape, creating an interesting desire for aerial capture of certain scenes. The Alaska Supreme Court considered whether Alaska’s unique aviation culture, in conjunction with aerial police surveillance, infringes on residents’ right to privacy in State of Alaska v. McKelvey. While the United States Constitution contains no express right to privacy, the Alaskan Constitution explicitly ensures that the right to privacy of Alaskan residents will not be infringed upon. The United …

In Re: Caleb Mcgillvary

2025 Decisions

USDC for the District of New Jersey

Usa V. James King

2025 Decisions

USDC for the Middle District of Pennsylvania

Beyond Diversity Initiatives: Building A Community Of Care In Scientific Societies, Richelle L. Tanner, Kathryn Wilsterman

Biology, Chemistry, and Environmental Sciences Faculty Articles and Research

"In this Professional Biologist article, we present one such reframing that centers individualized care through structural changes. We argue that psychological and sociological motivations of belonging and social capital in the academy are funda- mental challenges contributing to the cultural problems within STEM fields and are particularly present within professional scientific societies. In support of this argument, we present survey- based data alongside significant literature from the humanities. In this reframing supported by existing organizational culture literature and our survey results, we suggest that scientific societies are uniquely positioned to promote significant cultural change within STEM by focusing on building …

Caste Discrimination In Ny - Starting A Conversation, Pranathi Charasala, Gali Racabi

Cornell Law Faculty Working Papers

Despite rapid socioeconomic ascent of Indian Americans in the U.S., caste hierarchies continue to structure inequality within the Indian diaspora. This working paper examines caste discrimination in contemporary New York, situating it within broader civil rights frameworks and legal precedents. Drawing from headline cases, emerging local laws, and collective bargaining agreements, the paper shows how caste operates as a social category—legally unrecognized yet experientially real. It explores both the possibilities and pitfalls of folding caste into existing categories like race, color, national origin, and religion, while grappling with arguments that frame caste protections as anti-Hindu bias. The paper concludes with …

Transperfect Holdings Llc V. Robert Pincus

2025 Decisions

USDC for the District of Delaware

Stratégies Discursives De Lutte Contre Le Terrorisme Dans Les Discours Royaux Au Maroc, Badreddine El-Kacimi

Al-Kīmiyā

Morocco is confronted with terrorist threats stemming from its strategic geographical position and ongoing geopolitical conflicts, exacerbated by the Salafist movement. In response, the regime has taken measures such as suppressing Islamist groups and integrating them into the political process. King Mohammed VI has adopted a holistic approach, combining security measures, human development, and the promotion of tolerance values to counter terrorism and ensure national stability. These discourses firmly denounce terrorism and jihadism, highlighting their threat to Morocco’s security and cohesion. The royal metadiscourse aims to promote principles of tolerance and fraternity, rejecting extremism and racism, with the objective of …

Just A Spark Of Imagination: Examining Professional Development For Gifted Educators, Jennifer J. Tucker

USF Tampa Graduate Theses and Dissertations

This qualitative study explored how teachers of gifted education in a large southeastern school district perceive the high points of professional development to reimagine learning courses to encourage professional learning. In today’s changing field of education, there is an urgent need to foster teachers’ professional growth to create an environment where they feel supported to retain their expertise in the educational field. Many studies focus on students' needs, but the voice of the teacher's needs is missing from the study. Gathering narratives from teachers of gifted students empowers the teachers’ perspectives to be included in discovering how to reimagine professional …

Matter Of Stuyvesant Town-Peter Cooper Vil. Tenants Assn. V. New York State Div. Of Hous. & Community Renewal

All Decisions

In this Article 78 proceeding, the court reversed a Supreme Court decision that had annulled DHCR's approval of the landlord's applications for rent increases based on Major Capital Improvements (MCIs). The court found that DHCR's interpretation of its own regulations concerning the timeliness of the MCI applications for large-scale projects and the sufficiency of proof that the work was both necessary and comprehensive was rational and entitled to judicial deference. The court upheld DHCR's determination, thereby allowing the landlord to proceed with the rent increases.

The Corporate Governance Of The Biggest Corporations You’Ve Never Heard Of, Aaron M. Schutt

Alaska Law Review

When Congress passed the Alaska Native Claims Settlement Act (ANCSA) in 1971, it directed the creation of twelve regional and over two hundred village corporations chartered under Alaska state law. ANCSA subjected these corporations to Alaska’s corporate governance framework, including the laws and regulations governing corporate elections. This Article examines the statutory and regulatory requirements applicable to ANCSA corporations, including the various requirements around ANCSA corporation annual shareholder meetings. It also analyzes relevant state and federal case law interpreting and applying these requirements. Finally, the Article explores the rights and responsibilities of corporate directors and officers, as well as the …

Rediscovering Alaska’S Right To Housing, Helen Malley

Alaska Law Review

In the wake of Grants Pass v. Johnson, state constitutions provide an alternative avenue to protect the rights of people experiencing homelessness. While some states contemplate amending their constitutions to encompass a right to housing, this Article argues that such a right already exists in the Alaska Constitution. Article VII, Sections 4 and 5 explicitly direct the legislature to provide for the public health and welfare, and Article I, Section 22 recognizes all Alaskans’ fundamental right to privacy. When read together, these provisions provide for a dual right to housing, encompassing both an affirmative right to adequate and affordable housing, …

A Qualitative Exploration Of Paraprofesionals' Use Of Mobile Technology To Coordinate Behavioral Support, Sean Erreger

Social Work Doctoral Dissertations

Technology that is utilized to track and assess behavior is being used more frequently in social work practice. Social Workers frequently participate and lead organizations that provide services to individuals with intellectual and developmental disabilities. Direct Support Professionals (DSPs) and Registered Behavior Technicians (RBTs) face significant workforce challenges, but mobile technology may assist with reducing their administrative burden, assist in training needs, and increase the level of support felt by their supervisors. One of those technologies is the use of mobile devices to record behavior. The developmental disabilities field has started to implement the use of such mobile devices. The …

Coming Soon To A State Near You? Does Louisiana’S Public Trust Doctrine Encompass A Right To A “Clean And Healthful Environment?”, Ryan M. Seidemann

LSU Journal of Energy Law and Resources

No abstract provided.

What Is A Mineral In The Green Energy Age?, Jonathan J. Rose

LSU Journal of Energy Law and Resources

No abstract provided.

“Oh No! It’S A Umo!”: An Overview Of Unleased Mineral Owner Issues, Katherine "Katie" Smith Baker

LSU Journal of Energy Law and Resources

No abstract provided.

Usufruct Issues In Mineral Leasing And Ccus Agreements, Margaret Patton

LSU Journal of Energy Law and Resources

No abstract provided.

Louisiana’S Neverland: Alternatives To Revising The Public Trust Doctrine Informed By Promising Tales Of Faith, Trust, And Pixie Dust, Madeline Kraus

LSU Journal of Energy Law and Resources

No abstract provided.

Energizing The Sunshine State: Navigating Florida’S Transition To Renewable Energy, Delaney Reynolds

LSU Journal of Energy Law and Resources

No abstract provided.

Walking The Tightrope: Louisiana’S Attempt To Balance State Regulation Authority Of Carbon Capture And Storage Projects With Local Parish Concerns, Sarah Miller

LSU Journal of Energy Law and Resources

No abstract provided.

“Waive” Goodbye To Special Treatment: The Unconstitutionality Of Section 209(B) Of The Clean Air Act In State Of Ohio V. Epa And How Congress Can Fix It, Macy Heroman

LSU Journal of Energy Law and Resources

No abstract provided.

Strategies Senior Human Resource Leaders Use To Implement Flexible Work Arrangements, Valena R. Bewry

Walden Dissertations and Doctoral Studies

Flexible work arrangements (FWAs) have become increasingly significant in contemporary workplace settings, particularly for their role in enhancing employee morale and promoting work-life balance. Education stakeholders and employees are concerned with the failure to implement FWAs, as it may hinder employee productivity and retention. Grounded in the conceptual framework of Theory Z, the purpose of this qualitative pragmatic inquiry was to explore senior HR leaders’ strategies to implement successful flexible work arrangements for employees. The study involved six educational leaders from the northeastern United States who successfully implemented flexible work arrangements. Data were collected through semi structured interviews and publicly …

Note From The Editor

Alaska Law Review

No abstract provided.

Making Alaskans Whole: How Regulators Can Restore Trans-Alaska Pipeline System Lands And Recover Billions For The Public, Catherine H. Rocchi, Philip A. Wight, Michael Loughran

Alaska Law Review

This Article examines the dismantlement, removal, and restoration requirements associated with the Trans-Alaska Pipeline System (TAPS). These decommissioning obligations, rooted in the right-of-way lease agreements between state and federal agencies and the pipeline owners, require the lessees to remove pipeline infrastructure and restore Alaskan lands at the end of the pipeline’s useful life. Yet the regulatory structures governing TAPS decommissioning are deficient in several respects. Regulators have failed to safeguard decommissioning collections using a designated fund or a comprehensive liability regime. An opaque and overly permissive approach to transfers of ownership between the TAPS carriers has substituted private agreements for …

Feed It To The Ocean: The Federal Approach To Decommissioning In Alaska Native Climate Adaptation Projects, Sophia Tidler

Alaska Law Review

This Note calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is an in-scope “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities. In 2018, the Denali Commission completed the Final Environmental Impact Statement for Alaska’s first community-driven village relocation of the millennium, facilitating construction of essential infrastructure at Mertarvik, the relocation site for the village of Newtok. However, the Denali Commission chose to exclude a full-scale decommissioning plan for Newtok’s existing infrastructure. Today, more than seventy-three Alaska …

Sb 86/Hb 99: Navigating Alaska’S Digital Renaissance – A Strategic Approach To Virtual Currency Regulation, Nihit Desai, Alice Cao

Alaska Law Review

Alaska is navigating a transformative phase in its regulatory approach to virtual currency transmission, driven by the rapid growth of the fintech industry and the unique economic and geographic challenges faced by its residents. As the number of virtual currency transactions in Alaska has surged dramatically over recent years, the State’s existing money transmission framework—rooted in laws designed before the rise of cryptocurrencies and internet-based financial services—has proven insufficient to address this evolving landscape.

In light of the wide adoption of virtual currency by consumers, Alaska has implemented targeted amendments to its Administrative Code and proposed the Alaska Uniform Money …

The Future Of Alaska’S Wetlands In A Post-Sackett World, Johanna Crisman

Alaska Law Review

In 2023, the United States Supreme Court decided Sackett v. Environmental Protection Agency, which effectively restricted the United States Army Corps of Engineers’ (“USACE”) and the Environmental Protection Agency’s (EPA) ability to regulate development of wetlands. The State of Alaska submitted an amicus brief to the Court on behalf of the petitioners, the Sackett family. In the wake of the decision, Governor Dunleavy praised the decision by the Court, emphasizing that the decision provided the state more autonomy over its own wetlands. Still, there is concern by environmentalists that the State does not have the resources to protect the wetlands …

The Potential Mediating Role Of Perfectionistic Self-Presentation In The Relationship Between Other Stigma, Self-Stigma, And Attitudes Towards Mental Health Help-Seeking In Asian Americans, Trevor E. Taone

Clinical Psychology Dissertations

The importance of understanding why individuals decided to engage in mental health care cannot be overstated. This importance is further highlighted in the need to examine the different factors that may help researchers and clinicians to obtain more insight into why populations with a higher demand for mental health services, such as Asian Americans, possess negative attitudes toward seeking mental health care. Stigma has been identified as a significant barrier that influences these attitudes towards help-seeking. Other stigma and self-stigma, in particular, play an important role in understanding why individuals may possess negative views about mental health care help-seeking. With …