Law Commons^™

The Law Of Energy Abundance, Alexandra B. Klass, Matthew Appel

Articles

For the first time in decades, electricity demand in the United States is increasing due to the growth of data centers to power artificial intelligence, new manufacturing hubs, and transportation electrification. At the same time, coalfired power plants have been closing in response to competition from lower cost natural gas and renewable energy. Clean energy is being rapidly deployed to replace fossil fuels but not quickly enough to address concerns about demand growth and grid reliability. Accordingly, there is a growing imbalance between electricity supply and demand in many regions of the country that threatens to increase electricity prices and …

Carceral Bonds, Tyler E. Dougherty

Faculty Publications

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

Who Decides: The Role Of Parental Rights In Abortion And Gender-Affirming-Care Decisions For Minors, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

The American legal system presumes that children’s interests are best protected by their parents and, secondarily, by the state’s parens patriae authority. Yet this structure falters when parental authority and state power are infused with political and ideological agendas. This Essay examines how these dynamics have distorted decision-making authority in two contexts—minors’ access to abortion and gender-affirming medical care—and allowed children’s welfare and autonomy to be sacrificed to partisan aims. The law is inconsistent on the role of parental rights—typically empowering parents to grant or withhold consent to a minor’s abortion but categorically stripping them of the power to consent …

Judge William E. Smith: Portrait Of A Jurist And Leader, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Neves V. State Of Rhode Island, 316 A.3d 1197 (R.I. 2024), Evan Degaitas

Roger Williams University Law Review

No abstract provided.

Tribal Recognition And Rhode Island: Towards A Recognition Process For The Ocean State, Declan Smith

Roger Williams University Law Review

No abstract provided.

Last Resort: Advocating For Rhode Island To Adopt A More Comprehensive Homeless Bill Of Rights In The Wake Of Grants Pass V. Johnson, Casey Rivera

Roger Williams University Law Review

No abstract provided.

Can States Force Ice To Take Off The Masks?, Noah C. Chauvin

Faculty Articles

No. But that does not mean they are entirely powerless to combat the practice.

Equitable Incorporation: How History And Tradition Can Progressively Redefine The Fourteenth Amendment, Robert D'Alessandro

Cardozo Journal of Equal Rights & Social Justice

The Fourteenth Amendment, designed to ensure equality before the law, has been misinterpreted by the Supreme Court through its incorporation doctrine, leading to rulings that harm marginalized communities. The article advocates for "Equitable Incorporation," a doctrine requiring courts to consider the impact of their decisions on historically discriminated groups, ensuring the Amendment's purpose of equity and justice is upheld. This approach would necessitate the incorporation of unincorporated rights and reinterpret existing ones to reflect the Amendment's equitable intent.

Professional Liability, Shelby Taylor, R. Max Ward, Levi Klinglesmith

SMU Annual Texas Survey

No abstract provided.

The Impact Of Covid-19 Pandemic Demands On By-Law Officer Wellness And Work, Harveen Randhawa

Theses and Dissertations (Comprehensive)

This research sheds light on how the rapid demand to enforce transitioning pandemic-related (and reopening) mandates impacts the wellness of bylaw officers in the context of resource strain. Ontario bylaw officers are at the forefront of the province’s response, enforcing lockdown rules to ensure community safety. This research is imperative in understanding how bylaw officers maintain their roles in municipal enforcement, while enforcing rapidly shifting COVID-19 regulations and moving forward into a post-lockdown climate. The research focuses on identifying and understanding the demands and resources that currently typify bylaw officers working in Southern Ontario. It further examines how the COVID-19 …

Uncorking The Twenty-First Amendment: A Spirited Exception To Distill The Dormant Commerce Clause, Lars Emerson

American University Law Review

Few goods have played as potent a role in shaping constitutional doctrine as alcohol. By repealing national Prohibition and granting states sweeping authority to regulate intoxicating liquors within their borders, the Twenty-first Amendment carved out a singular exception in American constitutional law—one that has long stood in tension with the Dormant Commerce Clause (“DCC”), which prohibits states from discriminating against interstate commerce.

This Note surveys the constitutional landscape created by the Twentyfirst Amendment, beginning with a historical overview of DCC jurisprudence, the Prohibition era, and the legislative history of the Twenty-first Amendment. The analysis then focuses on the uneasy constitutional …

Free Movement Rights And The American City, Ryan Stoa

FIU Law Review

American cities are facing an inflection point. Widespread dissatisfaction with urban planning outcomes is making land use and transportation policies (such as congestion pricing) a mainstream topic of debate. Suburban sprawl and housing shortages are moving urban populations into the periphery, commuting times (and associated mental health problems) are increasing, and pedestrian and cyclist deaths caused by vehicles are at all-time highs. American cities that were largely planned and built in the twentieth century based on assumptions that we now know are flawed are not meeting the needs of their residents, and urban planners are making changes to reshape urban …

Fifty Years Of Protecting The Surviving Spouse: The Origin And Evolution Of Florida's Elective Share, Flavia Argamasilla

FIU Law Review

Currently, Florida’s elective share framework calculates the amount a surviving spouse is entitled to based on a decedent’s “elective estate.” Although this “elective estate” represents a significant improvement from previous law, where a decedent was free to completely disinherit a surviving spouse, issues still loom regarding the fairness of the framework. Granting a surviving spouse a fixed share of 30 percent of the decedent’s “elective estate” regardless of the length of the marriage can lead to inequitable outcomes. For instance, a surviving spouse who was married to the decedent for any period of time, one month even, can elect to …

Opioid Settlements And Profitable Public Nuisances, Clayton J. Masterman

Touro Law Review

The global settlements between state and local governments and opioid manufacturers, distributors, and retailers require opioid defendants to transform their businesses and pay more than $40 billion to abate the ongoing opioid epidemic. The $40 billion in abatement funds is a substantial pool of money that is likely to help states combat opioid use and abuse. Large as the payments are, however, they are significantly smaller than the profits that the opioid defendants made over the course of the epidemic or the total harm that they caused. This Article argues that the global opioid settlements incentivize future defendants to create …

Standalone Municipal Liability, Avery Figo Comar

Michigan Law Review

Under Monell v. Department of Social Services, municipalities may not be held liable for constitutional violations attributable to an errant employee’s actions. Instead, Monell dictates that municipal liability is appropriate only when the municipality itself is “the moving force” behind the constitutional violation. The Fourth and Fifth Circuits, based on a flawed reading of the Supreme Court case City of Los Angeles v. Heller, adopt an inapposite approach to the relationship between municipal and individual liability. Although every other circuit allows municipal claims to proceed absent any individual claim arising from the same underlying facts, the Fourth and …

The Legacy Of Ferguson: Building Worker, Community, And Student Power To Respond To The Carceral State, Donna Coker, Melody Sinckler, Kira Mikes

Articles

The 2014 killing of Michael Brown in Ferguson, Missouri sparked national outrage regarding police violence in Black communities. But as time passed, Ferguson came to symbolize more than another episode of law enforcement violence. A Department of Justice (DOJ) report revealed that Ferguson's city coffers relied on an intentionally extractive criminal legal system that aggressively levied fines and fees in a racially discriminatory manner. As the DOJ findings illustrate, advocates seeking to transform or abolish the criminal legal system must rigorously analyze the political economy of the carceral system in their locale.

We describe a law school course aimed at …

The Towering Inferno: Art, Policy, And Legacy, Charles R. Jennings

Publications and Research

The Christian Regenhard Center for Emergency Response Studies, leveraging the expertise of its faculty, staff, Advisory Board and colleagues, has consistently programmed activities focused on high-rise fire safety. The upcoming 50^th anniversary of the film The Towering Inferno was an inspiration.

We decided this would be more lighthearted and less purely technical than many of our events. We wanted to consider both the film, and use it to reflect on the state of fire safety in tall buildings in New York City.

Of course it does not escape us that the topic of fire safety is a serious one, …

Is Originalism Bullshit?, Michael L. Smith

Lewis & Clark Law Review

It’s finally time to answer the big question. This Article draws on the surprisingly robust literature examining the definition, essence, and significance of bullshit and evaluates whether originalist constitutional interpretation fits the bill. I begin with Harry Frankfurt’s definition of bullshit as utterances made in pursuit of the speaker’s goals without regard for their truth value. I also rely on alternate formulations, including bullshit as unclarifiable nonsense as well as contextual and audience-centric variations of bullshit.

While not all instances of originalism are bullshit, I identify those instances which are, and go on to demonstrate that originalism is uniquely prone …

Middlemen At A Price: The Role Of State-Level Laws In Restricting Pharmacy Benefit Managers, Patrick W. Schrader

Lewis & Clark Law Review

Pharmacy Benefit Managers (PBMs) have evolved from simple third-party payors into powerful intermediaries controlling prescription drug access for over 289 million Americans. Operating with minimal federal oversight, just six PBMs dominate 96% of the market, employing practices that systematically increase drug costs while claiming to reduce them. This Comment examines four primary mechanisms through which PBMs exploit the pharmaceutical supply chain: rebate manipulation, spread pricing, step therapy requirements, and formulary control. Federal regulatory efforts remain nascent and ineffective. The Centers for Medicare and Medicaid Services requires only basic reporting without substantive restrictions. Proposed federal legislation has repeatedly stalled, leaving states …

From Race-Conscious To Race-Neutral: The Next Generation Of Litigation Over Selective Admissions, Rachel F. Moran

Faculty Scholarship

In the wake of the United States Supreme Court’s decision in Students for Fair Admissions v. President and Fellows of Harvard College, there have been fierce debates over the meaning of colorblindness in the higher education admissions process. Setting the stage for these controversies are recent lawsuits challenging changes to admissions policies at selective public high schools. In these cases, the plaintiffs allege that although school officials relied on facially race-neutral criteria, their actions were motivated by a desire to improve the representation of Black and Latino students. According to the complaints, these revised policies are an impermissible form …

An Introduction To U.S. Groundwater Law: Domestic And Transboundary Considerations, Caleb Cook, Gabriel Eckstein

Faculty Scholarship

In light of the scientific and historical factors that have shaped the development of groundwater law and policy, this chapter seeks to provide a primarily descriptive account of its current state in the United States and to lay a foundation for future efforts to address gaps in the regime. Section 8B.02 considers the importance of groundwater in modern American society, with a particular focus on its uses and the threats these resources face. Section 8B.03 describes the U.S. framework for the domestic governance of groundwater resources. Section 8B.04 describes the mechanisms for transboundary governance of groundwater between the United States …

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Dignity Defended, Privacy Preserved: A Call For Improved Legal Safeguards To Shield Victims Of Intimate Crimes From Public Scrutiny, Madeline E. Brown

University of Cincinnati Law Review

No abstract provided.

Stitch Incoming: Lindke V. Freed’S Impact On Social-Media-Blocking Litigation, Clare R. Norins, Mark L. Bailey

Washington and Lee Law Review Online

Since at least 2016, social-media-blocking litigation against government officials who censor their online critics has been an evolving battleground for First Amendment rights of free speech and petition. In 2024, the United States Supreme Court issued its first substantive opinion on social media blocking, holding that government officials’ social media activity, even on a personal account, constitutes state action triggering constitutional scrutiny if (1) the official possessed actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when she spoke on social media.

In this Article, we explain the Court’s novel two-part test for determining …

The Fashion Regulation Fight, Eliot L. Force

Capstones

Fast fashion is a rising global phenomenon with terrible consequences for the environment and laborers across the world. In the US, fashion-specific environmental and labor regulation is practically non-existent at the federal level, but some individual states have begun proposing fashion regulation bills with the aim of curbing the industry’s harms. But in every state where these regulations have been proposed, powerful industry trade groups and companies have been fighting back against those proposed regulations, with much success, through lobbying. As climate change gets worse and the fashion industry’s practices remain unchanged, the need for regulation only becomes greater, but …

Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt

Maine Law Review

Historically, mentally retarded citizens of Maine have been confined to Pineland Center, the state's principal institution for the mentally retarded. In 1975 a class action suit, Wuori v. Zitnay, was filed in federal district court on behalf of "involuntarily confined" Pineland residents and "conditionally released" residents "in need of care . . . in a humane and healthful . . . environment." Three years later agencies and officials of the State of Maine entered into a consent judgment which laid down a "comprehensive plan designed to bring about speedy and meaningful relief" to the plaintiff class. The relief granted was …

Home Rule And The Pre-Emption Doctrine: The Relationship Between State And Local Government In Maine, Robert W. Bower Jr.

Maine Law Review

The legal relationship between a state government and a municipal government determines the powers and responsibilities of these two political entities. In Maine this relationship is complex and uncertain due to ambiguities in the constitutional and statutory scheme governing it and due to the Maine Supreme Judicial Court's narrow and inconsistent interpretation of that scheme. This Comment discusses the various methods for delegating power to municipalities, including the traditional method which was used in Maine prior to 1970. In addition, this Comment examines the "home rule" scheme enacted in 1970 and its subsequent judicial interpretation and application. Any statutory or …

A Uniform Choice? Esas And The State Right To Education, Hadiah C. Mabry

Notre Dame Law Review

Education savings accounts (ESAs) are on the rise. Just since 2023, ESAs have been on the legislative docket in Alabama, Georgia, Iowa, Montana, Ohio, Texas, Tennessee, and Wyoming, with ESAs already active in eleven other states. These programs provide funds directly to parents on a per-child basis which can be used on any number of educational pursuits. While ESAs are relatively young in the world of school choice, they are also the natural outgrowth of a greater push toward educational freedom for parents. They join the ranks of more established programs like school vouchers, tax credits, and charter schools.

Unlike …

Roving Extraterritoriality: The Murky Doctrine On State Laws Regulating Absent Citizens, Leo Schlueter

Notre Dame Law Review

It is generally agreed that sovereigns have the power to punish the crimes of their citizens abroad, at least in some situations. But sovereigns rarely exercise this power, and its contours are not well understood. This is especially true in the context of American federalism. It is unclear to what degree states have retained their sovereign extraterritorial powers, and the Supreme Court has never had occasion to fully explain their limits. Recent political developments, however, make it plausible that the question will soon arise. This Note attempts to provide some insight into the future debate over state criminal extraterritorial jurisdiction …