Law Commons^™

We The Voters: A Response To Professor Douglas, Jonathan L. Marshfield

UF Law Faculty Publications

A Response to Professor Joshua Douglas's Article, The Power of Electorate Under State Constitutions, 76 Fla. L. Rev. 1679 (2024).

In Re: Pub. Records Request To Las Vegas Metro. Police Dep’T, 141 Nev. Adv. Op. 26 ((May 29, 2025), Alexander Stevens

Nevada Supreme Court Summaries

NPRA CONTROLS DISCLOSURE OF POLICE INVESTIGATIVE RECORDS

Purdue’S Side Effects: Using Due Process To Realign Mass Tort Bankruptcies, William A. Organek

BYU Law Review

In Harrington v. Purdue Pharma, the United States Supreme Court held that victims of the opioid crisis could not be forced to release their independent claims against the Sacklers, who owned and controlled Purdue, without the victims’ consent. Such releases had become a controversial mainstay of mass tort bankruptcy filings. Yet Purdue was decided on narrow, textualist grounds, leaving as a side effect many seemingly disparate and difficult questions unanswered. This Article argues that Purdue and its open issues should be analyzed through a broader due process lens in tension with some aspects of current bankruptcy practice but consistent with …

Appeal No. 1041: Mitchell D. Edie And Darla Edie, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No.1032: K. Petroeum, Inc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

Examining The Impact Of Legalized Sports Gambling On Ncaa Athletes' Welfare And Game Integrity, Reem Al Jaradi

University Honors Theses

This thesis examines the effects of legalized sports gambling on NCAA player welfare and the integrity of competition through a mixed-method analysis of NCAA reports, academic literature, and media sources. Data disclose that although the overall prevalence of gambling among student-athletes has decreased, these individuals are demonstrating more detrimental behaviors, including solitary gaming and incurring substantial losses in a single day. The emphasis on internet abuse associated with betting results has escalated, especially during prominent tournaments. The NCAA's instructional programs and data-monitoring agreements are compromised by ethical issues surrounding data monetization and varying state gambling rules. The research contends that …

Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Law School News: John Dorsey L'10 Selected For U.S. Bankruptcy Court In Rhode Island 6-7-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

The Gift Of Public Funds Bogeyman, Noah Purcell, Michelle Saperstein

Washington Law Review

Washington’s “gift of public funds” doctrine is frequently misunderstood in ways that impede innovative ideas aimed at remedying some of our state’s most intractable problems. This doctrine arises from article VIII, sections 5 and 7 of the Washington Constitution, which prohibit state and local governments from gifting assets or loaning credit. While the Washington State Supreme Court historically applied these provisions in restrictive and confusing ways, the Court’s modern jurisprudence recognizes that the doctrine is inapplicable to funding expended for any of the many “fundamental purposes” of government. Even where a government program does not fall under this broad category, …

Under The Umbrella Of Water Law: Why Rainwater Harvesting Should Constitute A Valid Water Right, Jordann Krouse

Washington Law Review

Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States’ legal system to allocate, regulate, and manage water as a natural resource. These rights are limited, however, in their coverage and varied in their application. For example, access to rainwater is not a recognized water right despite being a major source of water. The ecological and economic incentives of rainwater …

A Noncompete By Any Other Name: Assessing The Validity Of Training Repayment Agreements Under Washington Law, Hannah Lukomski

Washington Law Review

Training Repayment Agreements (TRAs) are restrictive employment covenants that require an employee to pay their employer a fixed or prorated sum for training costs if the employee quits their job within some period defined by the agreement. The prevalence of TRAs has drastically increased in low-wage employment. TRAs harm employees by imposing an artificial financial constraint that disincentivizes employees from leaving their employer within the contract duration. The Washington State Legislature has not directly addressed TRAs despite having articulated limits on other restrictive employment covenants, like noncompetition agreements. This Comment reviews federal agency actions and other states’ approaches in response …

Inadequate Pay: Gutting Teacher’S Compensation In The Learns Act, Tye G. Boudra-Bland

University of Arkansas at Little Rock Law Review

No abstract provided.

The Future Is In Their Care: Justice And The Washington Constitution, Steven González

Washington Law Review

No abstract provided.

How Atlanta's Use Of Eminent Domain Displace Low-Income Peoplestown Residents, Babafemi Fatade

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Conservation Law Clinic Students Help Draft New Indiana Prescribed Burn Legislation, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A new Indiana law that expands the state’s prescribed burning capacity was signed by Indiana Governor Mike Braun on April 30, in part due to efforts by Indiana University Maurer School of Law students through the school’s Conservation Law Clinic.

The law expands a prescribed fire training program administered through the Indiana Department of Natural Resources and defines the standard of liability for those certified through the training program. Before the bill was signed, Indiana was one of only a few states nationwide without a certification program or standard of liability clearly defined through legislation. This new law will allow …

A Yellow Light For New York’S Red Flag Law In Criminal Prosecutions: Contextualizing The Fruits Of New York Extreme Risk Protection Orders, Isabella Glassman

Brooklyn Law Review

Public concern over gun violence grabs the news headlines, highlighting mass shootings at schools and suicide rates, amongst other gun-related problems. Twenty-three states in the United States turned to red flag laws to proactively address these gun violence issues. New York is one such state. The crux of New York’s Red Flag Law is the extreme risk protection order (ERPO), which is a civil court order that prevents respondents to ERPO proceedings from possessing or attempting to possess a firearm, rifle, or shotgun for up to one year. This civil court order, however, could slip into the realm of criminal …

The Most Exclusive Real Estate: Breaking Through Exclusionary Zoning On Long Island, Isaac R. Burke

Brooklyn Law Review

There is little question that New York, like many states across the country, is facing a housing crisis: too few housing units are built each year to accommodate the state’s ever-growing job market. The seemingly-obvious fix is to build more housing –– but in many of New York’s communities, adding new housing is nearly impossible due to so-called “exclusionary zoning,” which prevents anything but single-family homes from being built. In a majority of suburban localities, duplexes, triplexes, and other small apartment buildings are either illegal, shunted into a small, densely zoned corner of the town, or are met with such …

Law School News: From The State House To The Court House 4-22-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Erie Mistakes: The Eleventh Circuit Misconstrues Already Problematic Georgia Precedent On Choice Of Law, Jeffrey A. Van Detta

University of Miami Law Review

This Article explores the Eleventh Circuit’s precedent that has struggled with an unusual Georgia choice-of-law rule. The rule in question applies when the conflicting law of a sister state is a common law rule or doctrine (such as in tort or contract law) rather than a specific statute and has been a feature of Georgia law since the 19th century. The approach has lingered in scattered Georgia and related federal cases over many decades but was not given much attention in modern times until the Georgia Supreme Court decided to reaffirm and amplify it unanimously and defiantly in Coon v. …

Asegurar La Frontera: Expansion Of Governor Greg Abbott’S Powers Over Border Security, Marshall B. Lloyd

St. Mary's Law Journal

No abstract provided.

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …