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Full-Text Articles in Law

The Co-Parent Trap, Daniel F. Bousquet Aug 2026

The Co-Parent Trap, Daniel F. Bousquet

Brooklyn Law Review

At the same time, a more dynamic method for identifying and protecting unenumerated rights has lacked a normative foundation. That gap has left rights such as same-sex marriage, sexual privacy, and abortion open to the charge that the Court protected them based only on individual justices’ morality. This charge is false. Doctrinally, dynamic due process is constrained by equal protection principles and triggers only rigorous rational basis review. This modest standard leaves majorities free to pursue nearly any interest besides morality standing alone or what courts have called animus.


Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke Aug 2026

Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke

Brooklyn Law Review

The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …


Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen Aug 2026

Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen

Brooklyn Law Review

Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …


A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan Aug 2026

A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan

Brooklyn Law Review

The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.


Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein Aug 2026

Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein

Brooklyn Law Review

This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …


Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman Aug 2026

Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman

Brooklyn Law Review

The migration of live sports from traditional cable bundles to exclusive digital platforms has transformed the economics of media distribution while complicating the fan experience. Instead of purchasing access through a single channel, viewers now piece together coverage across a growing number of subscription services to watch the games they value. Contemporary antitrust law, anchored in the consumer welfare standard and administered through the Rule of Reason, typically evaluates competitive harm through discrete changes in price or output within defined markets. This Note contends that such metrics overlook the primary burden facing modern sports consumers: the aggregate financial and logistical …


Postcolonial Private Law, Debadatta Bose Aug 2026

Postcolonial Private Law, Debadatta Bose

Brooklyn Law Review

This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.


Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague Aug 2026

Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague

Journal of Legal Education

No abstract provided.


Obeying In Advance Will Not Save You: How Adaptive Leadership Can Help Legal Education Stay Mission Driven In Times Of Authoritarianism And Fear, Tania Luma Aug 2026

Obeying In Advance Will Not Save You: How Adaptive Leadership Can Help Legal Education Stay Mission Driven In Times Of Authoritarianism And Fear, Tania Luma

Journal of Legal Education

No abstract provided.


What Do We Do At The End Of A World?: Cultivating Emergent Leadership In A Time Of Collapse, Brent Godfrey Aug 2026

What Do We Do At The End Of A World?: Cultivating Emergent Leadership In A Time Of Collapse, Brent Godfrey

Journal of Legal Education

No abstract provided.


Professional Identity Formation As Theory And As Practice For The Education Of A Lawyer, Louis D. Bilionis, Neil W. Hamilton Aug 2026

Professional Identity Formation As Theory And As Practice For The Education Of A Lawyer, Louis D. Bilionis, Neil W. Hamilton

Journal of Legal Education

No abstract provided.


Who’S The Lawyer Now? Professional Identity In A Genai World, Aric K. Short Aug 2026

Who’S The Lawyer Now? Professional Identity In A Genai World, Aric K. Short

Journal of Legal Education

No abstract provided.


Practicing Pietas: Character Development For Lawyers As Citizens, Elisabeth Rain Kincaid Aug 2026

Practicing Pietas: Character Development For Lawyers As Citizens, Elisabeth Rain Kincaid

Journal of Legal Education

No abstract provided.


Conviction, Character, Courage: The Case For Integrating Values Into The Professional Identity Formation Of Tomorrow's Lawyer-Leaders, Katya S. Cronin Aug 2026

Conviction, Character, Courage: The Case For Integrating Values Into The Professional Identity Formation Of Tomorrow's Lawyer-Leaders, Katya S. Cronin

Journal of Legal Education

No abstract provided.


Moral Virtues, Professional Identity, And Leadership, Timothy W. Floyd Aug 2026

Moral Virtues, Professional Identity, And Leadership, Timothy W. Floyd

Journal of Legal Education

No abstract provided.


The Large Impact Of Small Groups On The Character-Based Leadership Development Of Law Students, Benjamin Rigney, Janice Craft Aug 2026

The Large Impact Of Small Groups On The Character-Based Leadership Development Of Law Students, Benjamin Rigney, Janice Craft

Journal of Legal Education

No abstract provided.


Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach Aug 2026

Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.


Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat Aug 2026

Treaty Hierarchy And Legal Pluralism In Cross-Border Governance: Comparative Study Of Jordan And France, Rola Nael Salameh, Numan Ahmad Elkhatib, Rami Ali Daradkeh, Mohammad Sulieman Issa Alhelalat

Hasanuddin Law Review

This study addresses the constitutional ambiguity surrounding the hierarchical status and domestic application of international human rights treaties, particularly in legal systems where treaty incorporation lacks explicit constitutional regulation. Though earlier researches have discussed issues such as treaty incorporation and constitutionality, there has been little analysis of the comparative role played by courts in bridging the international and domestic legal systems. The study adopts a qualitative doctrinal and comparative legal methodology, analyzing constitutional provisions, legislative frameworks, and judicial decisions across Jordan, France, and selected Arab jurisdictions, including Egypt and Morocco. The findings reveal that France adopts a hierarchical model granting …


Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide Aug 2026

Governing Conservation Beyond The Rules: Bureaucratic Discretion In Indonesia, Dedy Asriady, Muh. Ilham Nasir, Emban Ibnurusyd Mas'ud, Supratman Supratman, Syamsu Alam, Muhammad Alif K. Sahide

Hasanuddin Law Review

Conservation governance is frequently characterized as a rule-based system in which bureaucratic actors enforce standardized regulations to protect biodiversity. In practice, however, conservation policies are implemented within socially contested landscapes. Strict regulatory enforcement may generate conflict and undermine governance objectives. Although public administration research underscores the importance of bureaucratic discretion in policy implementation, limited attention has been paid to its influence on environmental governance in developing countries. This article investigates discretionary practices in Indonesian conservation area management using an ethnographic approach that incorporates interviews, field observations, and case studies across multiple sites. The findings demonstrate that discretion occupies a central, …


Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel Aug 2026

Judicial Departure And Legal Certainty: A Comparative Study Of Us And French Law, Faisal Oklah Khattar Shatnawi, Abdulwahab Abdullah Al-Maamari, Yassin Ahmad Al-Qudah, Radeyah Ahmad Mohammad Amayreh, Muneer Ali Muhammad Hulaiel

Hasanuddin Law Review

In any constitutional system, it is difficult to reconcile the need for legal certainty and constitutional adaptation when there is judicial departure from constitutional precedent. In this paper, We develop a functional comparative approach that explains how constitutional systems maintain legal certainty in the face of constitutional adaptation enabled by judicial departure from constitutional precedents. Using comparative analysis of United States Supreme Court jurisprudence (1954–2023) and French Constitutional Council rulings (1971–2023), We examine how such systems preserve their constitutional stability in spite of judicial change. It is concluded that the departure of courts from constitutional precedent need not mean the …


Corporate Social Responsibility And Firm Value: A Critically Appraised Topic, Shinika L. Byrd Aug 2026

Corporate Social Responsibility And Firm Value: A Critically Appraised Topic, Shinika L. Byrd

Engaged Management ReView

Corporate social responsibility (CSR) has become an important component of strategic management, yet whether it enhances firm value remains a debated question. This Critically Appraised Topic (CAT) synthesizes the most recent peer-reviewed evidence to examine the relationship between CSR and the firm value of U.S. publicly traded companies. The guiding research question is: Does corporate social responsibility improve firm value? Findings indicate that CSR does not consistently improve firm value. Rather, its impact depends on factors such as strategic alignment, governance quality, transparency, stakeholder perceptions, and market conditions. Evidence suggests that strategically integrated, employee-centered CSR initiatives are more likely to …


Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera Aug 2026

Las Voces Olvidadas Del Territorio: Infancias Mayas Ante El Conflicto Socioambiental En Ixil, Cielo María Ávila López, Myriam Montserrat Baca Canché, José Israel Herrera

Journal of Maya Heritage

Resumen: En la península de Yucatán, en el sureste de México, la comunidad maya de Ixil resiste ante los diversos intentos de implementación de megaproyectos en su territorio. En el marco de estas disputas territoriales, las voces de las infancias adquieren un matiz clave en el análisis de las dinámicas de desterritorialización y las respuestas de resistencia que devienen del contexto del conflicto socioambiental. Es así como, a partir de la ecología política y metodologías que favorecen el acercamiento a las voces de las infancias, emergieron los significados construidos en torno a dichos sucesos, lo que reveló que más allá …


Sandbox Fictions, Douglas Sarro Aug 2026

Sandbox Fictions, Douglas Sarro

Osgoode Hall Law Journal

Regulatory sandboxes are designed to give firms space to offer novel products and services to consumers on a trial basis, under an interim, tailor-made regulatory regime. Ideally, this leaves regulators better placed to understand how rules ought to be modified to accommodate new, socially beneficial offerings on a more permanent basis. But little is known about sandboxes’ implications for consumers. Will they reduce barriers to entry for innovative offerings that do a better job of serving consumer needs? Or will they lead regulators to compromise on consumer protections, allowing low-quality or even fraudulent offerings to flow into the markets they …


Corruption In The Service Of The Common Good: The Legitimation Of Traditional Practitioners In Cameroon, Victorine Oyane Ossah Aug 2026

Corruption In The Service Of The Common Good: The Legitimation Of Traditional Practitioners In Cameroon, Victorine Oyane Ossah

Journal of Law and Public Policy

This article shows how health law and public policy, in seeking to regulate traditional medicine, without fully recognising it, paradoxically end up producing the very social conditions for the corruption that they are supposed to combat. The aim is to identify, based on the experience of traditional healers, the various factors that contribute to establishing corruption not as a moral choice, but as a pragmatic strategy for preserving their knowledge, resources, and place in the healthcare system. The analysis presented is based on a qualitative survey of 30 traditional medicine practitioners in Yaoundé and Douala between 2021 and 2026, in …


Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens Aug 2026

Major League Baseball's Major Labor Boondoggle: Rethinking Salary Arbitration, Matthew W. Givens

Kentucky Law Journal

No abstract provided.


The Separation Of Election Contest Powers, Casey Parker-Bell Aug 2026

The Separation Of Election Contest Powers, Casey Parker-Bell

Kentucky Law Journal

No abstract provided.


Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley Aug 2026

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley

Kentucky Law Journal

No abstract provided.


The Right To Have Rights In United States Territories, Anthony M. Ciolli Aug 2026

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.


Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton Aug 2026

Immigration Detainers, Local Law Enforcement, And Constraints On Bureaucratic Discretion: Recent Trends Under The Second Trump Administration, Richard T. Middleton, Sheridan Wigginton

Kentucky Law Journal

No abstract provided.


From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson Aug 2026

From Militarization To Military Enforcement: The U.S. Armed Forces And Immigration Control In The Second Trump Administration, Kit Johnson

Kentucky Law Journal

No abstract provided.