Law Commons^™

Nebraska, Ashley Howie Tallichet

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Montana, Heather Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Missouri, Heather Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Michigan, M. Vafa Barissi

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Maryland, Davin L. Seamon

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Louisiana, Rachel Briley

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Kentucky, Gary Holland, Nash Bowen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Kansas, Sarah Trainer, Steven A. Rhodes

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Illinois, Justin Fisher

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Colorado, Diana S. Prulhiere, David R. Little

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Arkansas, Kelli D. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Alaska, Steven A. Rhodes, Zachary H. Barrett, Sierra Williams

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher Schmidt

All Faculty Scholarship

In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial deference …

Legalization Of Physician-Assisted Suicide For Increased Patient Autonomy, Morgan Mcenroe

Religion: Student Scholarship & Creative Works

This essay features an assessment of the various factors which play into the argument for legalization of physician-assisted suicide (PAS) in the United States for increased patient autonomy. Arguments for legalization of PAS as a means of end-of-life care remain separate from voluntary euthanasia. National legalization of PAS, for this fundamental principle of hospice care, is necessary to allow a choice to those in their final stages of life of how they wish to leave. If the values of PAS advocates are maximization of autonomy and minimization of suffering, then it follows that the chronically depressed, as well as patients …

The Blockchain Explained, Or How To Make Lots Of Money In Cryptocurrency, Jason Tubinis

Presentations

The School of Law's Information Technology Librarian summarizes blockchain, the current impact is having on business, finance and e-commerce, and the potential implications for our not so distant future as it pertains to the law.

Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway

Law School Blogs

No abstract provided.

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher W. Schmidt

Washington and Lee Law Review Online

In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial …

Substantial Shifts In Supreme Court Health Law Jurisprudence, Lawrence O. Gostin, James G. Hodge

Georgetown Law Faculty Publications and Other Works

President Trump’s nomination of jurist Brett Kavanaugh to the U.S. Supreme Court presents significant, potential changes on health law and policy issues. If confirmed by the U.S. Senate, Kavanaugh’s approaches as a federal appellate court judge and scholar could literally shift the Court’s balance on consequential health policies. Judge Kavanaugh has disavowed broad discretion for federal agency authorities, cast significant doubts on the constitutionality of the Affordable Care Act, and narrowly interpreted reproductive rights (most notably abortion services). He has supported gun rights pursuant to the Second Amendment beyond U.S. Supreme Court recent interpretations. His varying positions related to consumer …

How Wide Is Wide Enough?: Science, Values, And Law In Riparian Habitat Conservation, George Wilhere, Timothy Quinn

Natural Resources Journal

Difficult environmental policy issues often elicit fervent declarations to “follow the science.” Such declarations ignore the essential role of values in policy making. The main purpose of this article is to clarify the relationships among science, values, and law in environmental policy. An important policy issue in wildlife conservation, is determining “how much is enough?” That is, what is the smallest amount of habitat or minimum population size that is adequate for the long-term survival of wildlife populations? This paper presents three case studies in which policy makers decided how much was enough for protecting freshwater salmonid habitats. The case …

The Regulatory Framework Of Produced Water In New Mexico And Why N.M. Stat. Ann. § 72-12-25(B)(1) (2009) Should Be Amended, Scott Woody

Natural Resources Journal

Produced water is a problem. This brackish byproduct of oil and gas production contains salts, dissolved solids, organic compounds, and naturally occurring radioactive materials. And that is putting it nicely. Produced water is seen as a liability to oil and gas producers and is generally disposed of via reinjection or open pits. The disposal is costly and creates future environmental hazards. However, through emerging technology and minor alterations to the New Mexico Statutes, this liability can be converted to an asset for all New Mexicans.

Front Matter, Selena Sauer

Natural Resources Journal

No abstract provided.

The Stored Communications Act: Property Law Enforcement Tool Or Instrument Of Oppression?, Raymond Boyce

West Virginia Law Review

No abstract provided.

Enhancement Of Media Splicing Detection: A General Framework, Songpon Teerakanok, Tetsutaro Uehara

Journal of Digital Forensics, Security and Law

Digital media (i.e., image, audio) has played an influential role in today information system. The increasing of popularity in digital media has brought forth many technological advancements. The advancements, however, also gives birth to a number of forgeries and attacks against this type of information. With the availability of easy-to-use media manipulating tools available online, the authenticity of today digital media cannot be guaranteed. In this paper, a new general framework for enhancing today media splicing detection has been proposed. By combining results from two traditional approaches, the enhanced detection results show improvement in term of clarity in which anomalies …

A New Framework For Securing, Extracting And Analyzing Big Forensic Data, Hitesh Sachdev, Hayden Wimmer, Lei Chen, Carl Rebman

Journal of Digital Forensics, Security and Law

Finding new methods to investigate criminal activities, behaviors, and responsibilities has always been a challenge for forensic research. Advances in big data, technology, and increased capabilities of smartphones has contributed to the demand for modern techniques of examination. Smartphones are ubiquitous, transformative, and have become a goldmine for forensics research. Given the right tools and research methods investigating agencies can help crack almost any illegal activity using smartphones. This paper focuses on conducting forensic analysis in exposing a terrorist or criminal network and introduces a new Big Forensic Data Framework model where different technologies of Hadoop and EnCase software are …

A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy

Journal of Digital Forensics, Security and Law

As technology improves and economies become more globalized, the concept of currency has evolved. Bitcoin, a cryptographic digital currency, has been embraced as a secure and convenient type of money. Due to its security and privacy for the user, Bitcoin is a good tool for conducting criminal trades. The Financial Crimes Enforcement Network (FinCEN) has regulations in place to make identification information of Bitcoin purchasers accessible to law enforcement, but enforcing these rules with cash-for-Bitcoin traders is difficult. This study surveyed cash-for-Bitcoin vendors in Oklahoma, Texas, Arkansas, Missouri, Kansas, Colorado, and New Mexico to determine personal demographic information, knowledge of …

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …

Why Do Bail Abolition Advocates Oppose The California Money Bail Reform Act?, Jackie Coffman

SLU Law Journal Online

For years, bail abolition advocates have pushed for a cashless bail system. In this article, Jackie Coffman discusses how California recently passed a bill to do just that – but not without some criticism.

Red Mass Invitation 2018, Notre Dame Law School

The Red Mass

Most Rev. Kevin Rhoades, Bishop of Fort Wayne-South Bend, Notre Dame Law School, the Department of Political Science, the Constitutional Studies Program, and the St. Thomas More Society of South Bend, cordially invite you to the 2018 Red Mass. October 8, 2018, 5:15 p.m. at the Basilica of the Sacred Heart Notre Dame.

Reception immediately following the Red Mass: Eck Commons-Notre Dame Law School