Law Commons^™

Religion In Public Schools: Constitutional Revolution In Action, Noah R. Feldman

University of Cincinnati Law Review

No abstract provided.

Colliding Doctrines: How Sffa V. Harvard Impacts Public University Officials' Legal Protections, Christo Fosse

University of Cincinnati Law Review

No abstract provided.

Is Hipaa Dead? How Recent Developments In Ftc Section 5 Enforcement May Impact Traditional Notions Of Health Privacy, Brian Patrick

University of Cincinnati Law Review

No abstract provided.

Foia Vs. Fair Trial: How The Freedom Of Information Act Limits The Ability To Uncover Brady Material In Federal Post-Conviction Proceedings, Anna Marchiony

University of Cincinnati Law Review

No abstract provided.

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

Strict Liability And Coach Employment Contracts, Josh Lens

Seton Hall Law Review

No abstract provided.

Protecting The Integrity Of Sports, Matthew J. Parlow

Seton Hall Law Review

No abstract provided.

Prosecutors At The Front Line Of Nazi-Looted Art Restitution, Timothy O’Connor

Seton Hall Law Review

No abstract provided.

Copyright And Research In Latin America: Law, Courts, And Perceptions, Mariana G. Valente, Alice P. Lana, André P. Houang

Joint PIJIP/TLS Research Paper Series

Research on the intersection of copyright law, research activities, and innovation in Latin America reveals significant deficiencies in the legal framework and public discourse surrounding copyright limitations and exceptions (L&Es) for research purposes. The problem is more visible with modern data assembling and analyzing techniques, such as through artificial intelligence (AI) systems. This study highlights the scarcity of explicit provisions for research-related exceptions in the region by examining copyright legislation, case law, and stakeholder perspectives in six Latin American countries. Despite indications that judicial interpretation is expanding the scope of L&Es, particularly in Brazil, awareness of legal nuances remains low …

Power-Conscious Legal Work: Building A Roadmap For Rural Access To Justice Through Trust, Accountability, & Trauma-Informed Practices, Cayley Balser, Antonio M. Coronado

Alaska Law Review

The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event …

Across The Aggregation-Entity Divide: Personal Jurisdiction, Standing, And The Nature Of The Class Action, Charles Hill

University of Cincinnati Law Review

No abstract provided.

From Evictions To Innovations: The 2024 Access To Justice Symposium In Review, Pavan Parikh, Nick Zingarelli

University of Cincinnati Law Review

No abstract provided.

Seizing Welfare From The Bankrupt, Michael D. Sousa

University of Cincinnati Law Review

The earned income tax credit (EITC) is currently the largest means-tested antipoverty program in the United States that assists low-income working families surviving along the edges of poverty. A central component of the national welfare system, the EITC has lifted millions of families with children out of poverty and has produced myriad benefits for their everyday lives. But most of the poor and near-poor endure in the low-wage labor market and often lead turbulent financial lives, plagued by precarious employment along with deleterious material and psychological constraints in budgeting for daily expenses. For the segment of these families also burdened …

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.

Challenging The Juridical Link: Standing, Class Actions, And Article Iii's Limitations, Sebastian W. Johnson

University of Cincinnati Law Review

No abstract provided.

Transgenerational Legislative Awareness Issues In Children's Food, Yi Seul Kim

Duke Environmental Law & Policy Forum

No abstract provided.

Revitalizing Competition: A Pathway To Lower Drug Prices And Reduced Spending For Medicare Part D Beneficiaries Through Pharmacy Benefit Manager Reform, Mariaeva Batlle

Seton Hall Law Review

No abstract provided.

A New Form Of Greenwashing: Why The Implementation Of Carbon Capture Cannot Be Justified For The Public Good Under The Takings Clause Of The Fifth Amendment, Emma Valiante

Seton Hall Law Review

No abstract provided.

If It Was Good Enough To Work Against The Nazis . . . : Revitalizing The Foreign Agents Registration Act To Regulate Modern Foreign Electioneering, Troy Mccurry

Catholic University Law Review

News headlines from the 2016 election to the present have described an ongoing political scandal that is unmatched in modern history: continued attempts of foreign interference in U.S. elections. It is fairly obvious that the United States lacks adequate restrictions to prevent foreign interference in U.S. elections. It therefore needs a law that—while passing constitutional scrutiny—prohibits more foreign political activity than what is currently covered, especially in relation to social media. This should be a simple and effective legislative fix, a return to the core aspects of the original Foreign Agents Registration Act (FARA) that focuses on potential electioneering of …

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for wanton destruction of wildlife, a third degree felony, in the Sixth Judicial District, Kane County, the Honorable Mandy Larsen presiding

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

NATALIE M. EDMUNDSON, SEAN D. REYES, JEFFREY N. STOTT, Counsel for Appellee

Toward A Broader Theocentric Environmentalism, Melvin L. Otey

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Altruistic Arbitrage And Climate Change Mitigation:Rethinking The Role Of Cap And Trade Policies, Fatjon Kaja, Matthew G. Nagler

Duke Environmental Law & Policy Forum

We examine the implications for efficient public goods provision by exploring the relationship of altruism to the endowment effect, focusing our analysis on the problem of climate change mitigation. We argue that the reduction in distortionary valuation (i.e., willingness-to-accept departing from willingness-to-pay) experienced by altruistic market participants implies an ability to mediate ignored trades and extract the gains from trade — an activity we call "altruistic arbitrage" — thereby improving the efficiency of markets. This activity, broadly speaking, restores the Coase Theorem in the context of WTA-WTP disparities. Moreover, it leads to previously unidentified benefits to when markets are employed …

On The Brink: Red Wolves On The Albemarle Peninsula, Jessica Hardee

Duke Environmental Law & Policy Forum

No abstract provided.

Addressing The Access To Justice Crisis: Think Systemically, Act Locally, Nikole Nelson

Alaska Law Review

No abstract provided.

Community Justice Workers: Part Of The Solution To Alaska's Legal Deserts, Joy Anderson, Sarah Carver, Dr. Robert Onders

Alaska Law Review

Legal deserts—large geographic areas where there are few or no attorneys—are found throughout the United States, including Alaska. These deserts are a major contributor to the access to justice gap. Further compounding the scarcity of legal resources in these areas, many people living in legal deserts cannot afford legal help, even when a lawyer is available. Legal aid organizations have struggled to overcome these challenges in meeting the legal needs of low-income Americans and are often forced to turn away as many people as they are able to help. Alaska Legal Services Corporation (ALSC) is responding to this challenge in …

Note From The Editor

Alaska Law Review

No abstract provided.

Justice Beyond The State, Kirsten Matoy Carlson

Alaska Law Review

For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening tribal courts or justice systems through restorations of jurisdiction as a way to address access to justice issues in Alaska Native villages. It argues that restorations of jurisdiction and the development of tribal justice systems must ensure that Alaska Natives define the justice provided in their communities. Restorations of …

Next Steps In Online Courts: Accelerating Access Tojustice Through Court Technology, J.J. Prescott

Alaska Law Review

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Alaska's Healthcare Markets: The Free Market Is Nota "Cure", Katie Raya

Alaska Law Review

Healthcare reform in the United States requires a nuanced approach to improve quality and access while managing costs—a challenge particularly pronounced in Alaska. Despite being the highest spender on healthcare globally, the U.S. fails to deliver commensurate health outcomes, with Alaska exemplifying these systemic issues. The state faces the highest healthcare costs in the nation yet performs poorly in quality and access metrics. This situation has prompted urgent legislative scrutiny of existing policies, such as the Certificate of Need (CON) Law and the 80th Percentile Rule. This Note critically evaluates the argument that deregulating Alaska's healthcare market will lead to …