Law Commons^™

Pay-To-Play: Maine’S Unconstitutional Requirement For Indigent Defendants To Pay To Appeal Eviction Judgments, Shianne Bowlin, Fred Kerrigan, Alice Neal

Maine Law Review

Maine’s eviction appeal process imposes financial barriers that effectively condition appellate review on a tenant’s ability to pay. Under Maine law, tenants must pay rent or arrears—often in dispute—before filing an appeal. This “pay-to-play” requirement disproportionately harms low-income tenants, particularly those receiving public assistance, and violates constitutional due process and equal protection guarantees. Despite federal and state precedent rejecting financial barriers to appeals, Maine’s eviction appeal system continues to restrict access to justice for indigent tenants. This Article examines the legal and constitutional implications of these requirements, comparing Maine’s approach to eviction appeals with those of other states. It explores …

A Seventh Amendment Remedy For Housing Instability, Gregory M. Zlotnick

Maine Law Review

After the 2023–2024 Supreme Court term, housing advocates despaired over the expected, yet still unwelcome, decision in City of Grants Pass v. Johnson. While focusing on this case is understandable, this Article suggests that scholars, policymakers, and advocates should train their focus on another, perhaps less-expected case from the previous Supreme Court term: SEC v. Jarkesy. In Jarkesy, the Court affirmed a defendant’s constitutional right to a jury trial in an administrative proceeding that sought to enforce a right similar to one found at common law. The Court’s capacious interpretation of the Seventh Amendment in Jarkesy has implications for state-law …

An Argument For Housing Reparations, Lisa Lucile Owens

Maine Law Review

This Article explores recent applications and framing of municipal reparatory housing policies and assesses equal protection challenges, including specific discussion of an emerging case in Evanston, Illinois. Because of recent changes to the Supreme Court’s approach to applying strict scrutiny in equal protection challenges of race-conscious policies as reflected in Students for Fair Admissions v. Harvard, race-based applications of reparations have been criticized as dead on arrival. However, this Article finds that housing-related reparatory policies are dissimilar from affirmative action admissions policies in several ways relevant to the Court’s application of strict scrutiny. Housing reparations policies are more in line …

Symposium Keynote: “A Call To Housing Advocacy”, Greg Payne

Maine Law Review

Keynote: A Call to Housing Advocacy

Equitable Housing Policy, Peter R. Pitegoff

Maine Law Review

Foreword

Evicted From The Outside, Colleen Cosgriff

Maine Law Review

In recent years, Maine has seen an increase in the number of people experiencing homelessness who are living outdoors. People living in these circumstances often shelter together in groups of tents or other temporary structures commonly referred to as “encampments.”As municipalities across Maine struggled with how best to respond to the increase in encampments across the state, the United States Supreme Court decided City of Grants Pass v. Johnson, a case originating in Grants Pass, Oregon. Grants Pass wanted to issue civil and criminal fines to people for sleeping outdoors, even when no alternative shelter was available. The city ultimately …

Editorial Board Vol. 77 No. 2 (2025), Allie Smith Editor-In-Chief

Maine Law Review

No abstract provided.

July 15, 2025 — Ada Letter To House Subcommittee On Health, Energy And Commerce Committee On "Legislative Proposals To Maintain And Improve Public Health Workforce, Rural Health, And Over-The-Counter Medicines.", American Dental Association

Advocacy in Action letters

No abstract provided.

Ndls Communicator: Week Of 07.14.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Professors Sadie Blanchard and Sherif Girgis granted tenure and promoted to full professor
• Experts from across the world convene at fifth annual Notre Dame Religious Liberty Summit

Faculty Briefs

• Bob Jones
• Jay Tidmarsh
• Lloyd Mayer
• Fr. John Paul Kimes
• Derek Muller
• Rick Garnett
• Judy Fox
• Christian Burset
• Diane Desierto
• Kari Gallagher
• Mary Ellen O'Connell
• David McIlroy
• Satvinder Juss
• Jorge Barrera-Rojas

Student & Alumni News

• John F. Crowley, J.D. '89, was elected to serve on the University of Notre Dame's Board of Trustees.
• Joshua Dunlap, J.D. '08, was nominated by President Donald Trump to …

State Of Utah, Plaintiff/ Appellee V. Daniel Macbeth, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County, Honorable Robert C. Lunnen, District Court No. 211402124

REBECCA BARKER, DEREK E. BROWN, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Reevaluating State Medicaid Waivers Targeting The Reentry Population, Benjamin A. Barsky, James René Jolin, Meredith B. Rosenthal

Faculty Scholarship

Carceral health policy is undergoing an unprecedented change. During the COVID-19 public health emergency, the US Congress considered legislation that would have enabled Medicaid to cover health services for incarcerated people 30 days before release. Although the effort ultimately stalled, another development has since emerged. In April 2023, the Centers for Medicare & Medicaid Services (CMS) issued guidance inviting states to apply for Medicaid waivers that would expand health services for incarcerated people during the period before their release to support their reentry into the community.These waivers require states to cover a minimum set of health benefits, including case management, …

The U.S. Executive Order On Seabed Mining Is Consistent With International Law, James Kraska

International Law Studies

This article analyzes the legality of U.S. unilateral seabed mining authorized by Executive Order 14285, signed by President Donald Trump on April 24, 2025, permitting mineral extraction on the U.S. continental shelf and international deep seabed. Critics, including China, the European Union, and the International Seabed Authority, contend that this policy violates international law by circumventing Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), which designates seabed minerals as the “common heritage of mankind” and mandates regulation through the ISA. The article asserts that, as a non-party to UNCLOS, the United States is not …

Cardozo Law News Brief: July 11, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the school’s 10th annual Pride Brunch, where students and alumni gathered to celebrate Cardozo’s LGBTQ+ community while watching the NYC Pride March. It also features a major Immigration Justice Clinic court victory advancing transparency in ICE procedures, with students playing a central role in the case. In the media, Professor Jacob Noti-Victor spoke to WIRED about Meta’s win in a landmark AI copyright case, and Professor Haiyun Damon-Feng was quoted in Law360 on the Supreme Court’s decision limiting universal injunctions. Additional scholarship news includes Professors Matthew Wansley and Samuel Weinstein’s co-authored article No Exit …

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Staff Development Day 2025: Topics On Jewish Law & Culture, Ellen Drucker-Albert

Library Staff Presentations

This presentation was delivered by Ellen Drucker-Albert, Head of Reference & Faculty Services, during Staff Development Day 2025 at the Benjamin N. Cardozo School of Law. It explores key aspects of Jewish law and culture, including the sources and development of Halacha, intersections with U.S. civil law, Jewish holidays and food customs, denominations of Judaism, and symbols like the mezuzah.

Guidelines On Access To Justice And Effective Remedies In The Context Of Toxics, Marcos Orellana

PEEL Faculty Scholarship

Guidelines on access to justice and effective remedies in the context of toxics

Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana.

Rhetoric And Reality: The P&O Ferries Scandal And The Right To Strike, Alan Bogg

Comparative Labor Law & Policy Journal

This article considers the freedom of association implications of the mass dismissals at P&O Ferries in 2022, in light of the Committee on Freedom of Association’s recent consideration of a complaint by affected trade unions. It identifies an important strategic shift in British trade unions’ engagement with legal enforcement. This involves an attenuation of the strong historical attachment to “voluntarism” in British industrial relations. It then considers some legal implications of the P&O Ferries scandal under the European Convention on Human Rights. It concludes by identifying a phenomenon of “state-managed deregulation” in the maritime sector, whereby company de-collectivization is facilitated …

Cracked Doors, Open Questions: Does State V. Thompson Threaten Montana’S Privacy Tradition?, Dennis Stock

Montana Law Review

No abstract provided.

2024 Hon. James R. Browning Symposium Keynote Address: Martin, Grants Pass, And Houselessness As A Class, Howard Belodoff

Montana Law Review

No abstract provided.

A Wolf In Sheep’S Clothing: Justifying Gentrification In The Name Of Affordability, James H. Goetz

Montana Law Review

No abstract provided.

The Unclear Landscape Of Prescriptive Easements In Montana, Natalie Sirmon

Montana Law Review

No abstract provided.

Groo V. Montana Eleventh Judicial District Court: Montana’S Long-Arm Overreaches Into Cyberspace, Matthew Belle

Montana Law Review

No abstract provided.

Significant Montana Cases, Will Dreesen, John Moorhead

Montana Law Review

No abstract provided.

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Volume 45, Number 2

Preface, Valerio De Stefano, Sara Slinn

Comparative Labor Law & Policy Journal

The articles in this issue address questions of deep relevance to contemporary labour law and policy. They reflect a high standard of research and offer rich comparative and theoretical insights that we are confident will be of value to our readership. We are grateful to the guest editors for their stewardship and to the authors for their contributions, and we are pleased to help ensure that this important work reaches the public domain.

The Enduring Relevance Of The Right To Strike: Arguments For Further Legal Protection And Regulatory Reform, Tonia Novitz, Katherine Fitzpatrick, Jeffrey Vogt

Comparative Labor Law & Policy Journal

In this thematic issue, the contributors demonstrate the past and contemporary relevance of a right to strike. Some authors do so with reference to the long-standing role that such an entitlement plays in protecting dignity, democracy, and other vital public interests. Attention is also paid to emerging contemporary issues, whereby the right to strike offers important leverage that would otherwise be absent, for example countering abusive treatment of those at work in global supply chain practices and the environmental degradation of the planet. They all conclude that, while it is possible to utilise existing legal protections of a right to …

Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes

Comparative Labor Law & Policy Journal

The right to strike is fundamental to the development and maintenance of democratic forms of government. In struggles to construct and defend democratic regimes, strikes, including general strikes, are often an important weapon. In established democracies, the right to strike can aid the spread of democratic decision-making in workplaces and the wider economy, serving indirectly to strengthen participation and confidence in political processes and institutions. And it can underpin systems of collective bargaining that function to narrow income and wealth inequalities, in a manner that is conducive, if not necessary, to the maintenance of democratic government. Wherever the right to …

Dignity And The Right To Strike, Sergio Gamonal C

Comparative Labor Law & Policy Journal

“Dignity” expresses the idea that a human being should never be treated as a means but always as an end. “Dignity” also encompasses a communitarian and relational approach, such as belonging, collective action and “dignity in action”. When we recognize and seek to remedy indignities, we also confer a certain dignity on ourselves. How can these notions be linked to the right to strike? I shall argue that the right to strike underpins the dignity of workers and that this connection is implicit in Advisory Opinion OC-27/21 of the Inter-American Court of Human Rights. In national and international courts, such …

Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal

Comparative Labor Law & Policy Journal

The regulation of strike action involves the balancing of competing public interests – the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO’s supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to …

Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker

Comparative Labor Law & Policy Journal

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s …