Law Commons^™

To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings, Ben Davis

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development, Nathan Downey

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Recent Developments In Oil And Gas Habendum Clause And Savings Clause Interpretation, Emily Richard

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Pigford V. Glickman And The Remnants Of Racism, Alyssa Sloan

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation, Kylen Chase Huffman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Hank Herren

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Book Review: Kermit Roosevelt Iii, The Nation That Never Was: Reconstructing America's Story, Ainslee Johnson-Brown

ConLawNOW

This review summarizes the key thesis of the book, The Nation That Never Was, which argues for a reset of the Constitutional baseline of principles. The book argues that the Gettysburg Address should be considered a key part of modern constitutional guarantees of equality and liberty. The review explains this thesis, and notes the questions it leaves open.

Distinguished Service Awards Presented To Four Indiana Law Alumni, James Owsley Boyd

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

Four members of the Indiana Law community were honored Friday (September 23) with Distinguished Service Awards. Javier Becerra ’17; Shontrai Irving ’03; Laura Walda ’09; and Mark Wright ’89, received their respective awards during a moving ceremony in front of a standing-room only crowd in the DeLaney Moot Court Room, though circumstances prevented Walda and Wright from attending in person.

“These awards are especially meaningful and timely to all of us at the Law School because of our commitment to instilling public service in our students,” said Interim Dean Christiana Ochoa. “Every one of our students commits to an aspirational …

Taylor Lynn Scott, Respondent / Appellee V. Sarah Catherine Benson, Appellant / Petitoner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari to the Utah Court of Appeals On appeal from the Third Judicial District Court, Honorable Richard McKelvie, District Court No. 194903038

Jeffrey C. Jensen, Attorney for Appellee Taylor Lynn Scott

Julie J. Nelson, Alexandra Mareschal, Attorneys for Appellant Sarah Catherine Benson

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Out Of The Octagon And Into The Courtroom: The Ufc’S Antitrust Lawsuit, John Milas

DePaul Journal of Sports Law

No abstract provided.

The First Step: Student-Athletes Finally Get The Right To Be Compensated For Their Names, Images, And Likenesses, Joseph Ranieri

DePaul Journal of Sports Law

No abstract provided.

From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant

DePaul Journal of Sports Law

No abstract provided.

The Employment Status Of The Twenty-First Century Ncaa Collegiate Athlete: An Evaluation Of The Fair Labor Standards Act And The National Labor Relations Act, Danielle L. Kennebrew

DePaul Journal of Sports Law

Many individuals believe that the twenty-first century NCAA collegiate athlete should not be classified as an employee of their respective universities due to the longstanding tradition of amateurism governing collegiate athletics. However, such a proposition does not analysis the statutory test articulated by the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) when determining a worker’s employment statues. Upon review of the economic realities test utilized by the FLSA and the common-law agency test utilized by the NLRB, there are strong arguments for collegiate athletes holding employee status resulting from the compensation they receive in the …

Clinical Legal Education As A Means To Reform Vietnamese Legal Education, Ai Nhan Ho

Journal of Legal Education

No abstract provided.

Book Review Of Clamouring For Legal Protection: What The Great Books Teach Us About People Fleeing From Persecution, Cori Alonso-Yoder

Journal of Legal Education

No abstract provided.

The Evolving Mission Of Peking University’S School Of Transnational Law, Philip J. Mcconnaughay

Journal of Legal Education

No abstract provided.

Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers

Online Publications

This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity under …

Quintanilla Earns Abf Affiliated Scholar Designation, James Owsley Boyd

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

Professor Victor D. Quintanilla, Val Nolan Faculty Fellow, and co-director of the Law School’s Center for Law, Society & Culture, has been designated as an affiliated scholar with the American Bar Foundation, the organization announced this week. The affiliation, which formally began on September 1, will last for three years and allow Quintanilla to serve as a mentor to ABF doctoral fellows and take part in ABF initiatives.

Book Review Of American Legal Education Abroad: Critical Histories, Theresa Kaiser

Journal of Legal Education

No abstract provided.

Agents Of Inequality: Common Ownership And The Decline Of The American Worker, Zohar Goshen, Doron Levit

Duke Law Journal

The last forty years have seen two major economic trends: wages have stalled despite rising productivity, and institutional investors have replaced retail shareholders as the predominant owners of the U.S. equity markets. A few powerful institutional investors—dubbed common owners—now hold large stakes in most U.S. corporations. And in no coincidence, when U.S. workers acquired this new set of bosses, their wages stopped growing while shareholder returns increased. This Article explains how common owners shift wealth from labor to capital, thereby exacerbating income inequality.

Powerful institutional investors pushing public corporations en masse to adopt strong corporate governance has an inherent, painful …

The Trouble With Court-Packing, Neil S. Siegel

Duke Law Journal

Wide-ranging public discussion of U.S. Supreme Court reform implicates fundamental questions of constitutional policy, norms, and law. This Article focuses on the reform proposal that poses the greatest threat to judicial legitimacy and independence: Court-packing. This Article contends that there has likely been a constitutional convention against Court-packing for a long time now, although it is uncertain whether the convention continues to exist given Senate conduct since 2016. This Article also maintains that Court-packing is not as free from constitutional difficulty as the conventional wisdom holds, even if the arguments for its constitutionality are stronger on balance. Most importantly, this …

Climate Transition Relief: Federal Buyouts For Underwater Homes, Stephanie M. Stern

Duke Law Journal

As climate change causes unprecedented dislocation from flooding and sea-level rise, a new legal regime for climate retreat (i.e., shifting human settlement from severe climate risk zones) is developing. Buyout laws, such as FEMA’s Hazard Mitigation Grant Program, fund government acquisitions of severely flood-impacted homes, enabling owners to relocate, and require localities to rezone acquired land as open space. Despite the growing interest in flood buyouts as a tool for climate change adaptation, there has been little attention by policymakers or scholars to the capacity of buyouts to incentivize “buy ins” to flood zones by subsidizing flood risk-taking—a problematic irony …

Settling Old Scores: Proposing Targeted Regulation To Mitigate The Problem Of Looted Antiquities, Mary Genevieve Sanner

Duke Law Journal

Antiquities looting rips artifacts out of their historical and archaeological context. It deprives countries of their cultural property, and instead allows those artifacts to be sold or auctioned to wealthy individuals on the private market. Current enforcement mechanisms provide inadequate deterrence to the secondary market for these antiquities. A recent amendment to the Bank Secrecy Act could provide a solution. However, regulations enacted pursuant to that amendment should not simply transpose requirements and red flags from the financial context to the art context. They should look beyond concerns that looting might be used to fund terrorism and should instead consider …

Teaching U.S. Civil Procedure To Non-U.S. Students: Educating Students For A World Of Legal Pluralism, Ray Worthy Campbell

Journal of Legal Education

No abstract provided.

International Students From The Perspective Of U.S. Law Schools, Kathryn Hendley, Alexander J. Straka

Journal of Legal Education

No abstract provided.

Education Of Common Lawyers In A Twenty-First-Century Environment, Howard O. Hunter

Journal of Legal Education

No abstract provided.

Book Review Of The Globalization Of Legal Education: A Critical Perspective, Fabio De Sa E Silva

Journal of Legal Education

No abstract provided.

Intelligence Collection And The International Law Of The Sea, James Kraska

International Law Studies

This article explores the legal implications of intelligence collection operations at sea. It concludes that in terms of the international law of the sea, intelligence collection that occurs outside of the territorial sea is lawful. Furthermore, even intelligence collection by a foreign ship inside the territorial sea, while a violation of State sovereignty, may not violate the law of the sea, per se. Additionally, within the territorial sea, coastal States are limited in the measures they may take against foreign-flagged submarines and surface warships collecting intelligence since those activities do not constitute an armed attack or even the use of …

Journal Staff

Duke Law Journal

No abstract provided.