Law Commons^™

Bare Analysis: Prison Visitor Strip And Body-Cavity Searches And Federal Courts' Insufficient Fourth Amendment Analysis, Tristen Lindell

Minnesota Law Review Vols. 106:2 onward (2021-present)

Strip and body-cavity searches are among the most egregious invasions of personal privacy that the government can impose. The Fourth Amendment, as interpreted by the Supreme Court, demands that courts thoroughly analyze these searches. Courts must consider not only the suspicion that warranted the search, but the way the search was performed. But in the prison visitor context, U.S. Courts of Appeals have not done so. Instead of evaluating whether the search in question was conducted reasonably, including reasonableness in scope, courts have considered only whether prison officials possessed reasonable suspicion. This flies in the face of Supreme Court precedent. …

Securitizing The University, Maryam Jamshidi

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an “object” of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to “participate” in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university’s status as object of and participant in …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Beyond Judicial Dialogue: Reference To Domestic Law By The Inter–American Court Of Human Rights, Soledad Bertelsen

University of Miami Inter-American Law Review

The recent freeze of U.S. funding to the Inter–American Commission on Human Rights serves as a reminder of how fragile the Inter–American System of Human Rights truly is. The effectiveness of the Inter–American institutions largely depends on their legitimacy in the eyes of the member states. This article argues how the legitimacy of the Inter–American Court can be enhanced by the language used in its judgments. The paper focuses on how references to domestic law in the case–law of the Inter–American Court can persuade states to comply with its decisions. Citations transcend the much–discussed judicial dialogue since they also reference …

The Times They May Be A–Changin’: A Look Into Cuba’S Future For Property Rights And Restitution Through 3 Lenses, Patrick M. Denny

University of Miami Inter-American Law Review

After the 1959 Cuban Revolution, Fidel Castro took power and instituted a new regime that formed itself into a communist stronghold of the global south. With this new government came curtailment of private property rights, effectuated in government confiscation and limitation in private ownership opportunity. As many Cubans and foreign persons/entities had their residential, rural/agricultural, and commercial/industrial property confiscated, demands for restitution over the years has grown, particularly through US–led efforts. As Cuba has begun to soften to the idea of private property, as evidenced in its new 2019 Constitution, this Note seeks to analyze how property rights in Cuba …

Magic Mushrooms As Medicine: What The United States Can Learn From Jamaica’S Unregulated Psilocybin Industry As Fda Approval Nears, Kyle Spohn

University of Miami Inter-American Law Review

In 1970, Congress passed the Controlled Substances Act and swiftly placed psilocybin (the active chemical in “magic mushrooms”) under Schedule I—the strictest level of regulation withheld for substances with “no currently accepted medical use.” While the United States has maintained this rigid framework, Jamaica has taken the opposite approach. Psilocybin was never listed under Jamaica’s Dangerous Drugs Act, and remains unregulated. In recent decades, research has shown that psilocybin, when administered in controlled settings, can effectively treat depression, anxiety, and other psychiatric conditions. In response, the Jamaican government has not only preserved psilocybin’s legality but has encouraged research and industry …

Ai In Canadian Workplaces: Why Clear Policies Can’T Wait, Stacy Thomas

Editorials and Commentaries

No abstract provided.

Constitutional Law On Abortion In Latin America And The Caribbean: A Regional Consensus Towards An International Custom Or A Peremptory Norm Of Jus Cogens?, Ligia Castaldi

University of Miami Inter-American Law Review

The Inter–American Court of Human Rights recently declared the existence of a jus cogens right to a healthy environment: could it lawfully reach the same conclusion regarding a right to abortion? This paper examines constitutional law and constitutional jurisprudence on abortion in Latin American and Caribbean countries to determine whether a regional consensus exists on abortion rights in the region. The paper looks at landmark abortion decisions favoring abortion rights in Colombia and Mexico, as well as broad abortion decriminalization through statutory reform in Argentina, Uruguay, Haiti and Cuba. The paper also looks at prenatal right to life protections in …

States As Shields, Lindsay F. Wiley

Minnesota Law Review Vols. 106:2 onward (2021-present)

State laws that aim to shield providers of reproductive health and gender-affirming care from the punitive actions of out-of-state officials raise thorny questions. Can the federal courts, Congress, or the Trump Administration require New York officials to enforce a Texas ban on abortion or gender-affirming care against a New York doctor who prescribed medication to a patient in Texas via telehealth? If so, how might New Yorkers’ access to health care be affected? If not, will interstate commerce and travel preserve some degree of access for Texans?

Disputes over reproductive health and gender-affirming care are putting new pressure on doctrines …

Appeal No.1049: Gaia Exploration, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2025-205

Cybersecurity, Resilience And Sustainability: Evaluating The Role Of Public-Private Partnerships, Katarzyna Chojecka

Yearbook of Antitrust and Regulatory Studies

This article explores the role of public-private partnerships (PPPs) in enhancing cybersecurity as a component of sustainable and resilient development. It argues that cybersecurity is not only vital for digital transformation and economic growth but also closely aligned with the UN Sustainable Development Goals, particularly through its emphasis on resilient infrastructure. The paper offers a legal and policy-oriented analysis of how PPPs can strengthen cybersecurity capabilities by leveraging the combined resources and expertise of governments, businesses, and civil society. The Polish case is also studied and analysed through “PW Cyber" program which exemplifies a local cybersecurity PPP model. The article …

"Pollution Does Not [Sic] Discriminate": Louisiana V. Epa, Disparate Impact, And The Fight For Environmental Justice In A Hostile Climate, Naomi Brim

Minnesota Law Review Vols. 106:2 onward (2021-present)

Human-induced climate change hurts people. Environmental burdens impact a person’s ability to live freely, in good health, and with loved ones. And in the United States, people in positions of political authority and decision-making—who are predominantly white and high-income—use the legal system to push environmental harms disproportionately onto low-income, Black, Indigenous, People of Color (BIPOC) communities. This has occurred for centuries and continues in the present. A basic sense of justice makes the following conclusion easy to reach: skin color, zip code, and pocketbook should not determine whether someone enjoys a clean and healthful environment.

For plaintiffs seeking relief from …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Excessive Data Collection In An Ecosystem As An Exploitative And Exclusionary Abuse: A Critical Analysis Of The Cci’S Order Against Whatsapp’S Privacy Policy And Its Impact On The Digital Advertising Market, Reuben Philip Abraham Mr.

Yearbook of Antitrust and Regulatory Studies

The interface between privacy and competition law has been a complicated topic in the past decade. The Facebook case by the German competition authority, the Bundeskartellamt (BK) was the first landmark case to investigate an exploitative abuse in this interface. The WhatsApp’s 2021 privacy policy update prompted the Competition Commission of India (CCI) to initiate a suo moto investigation against WhatsApp/Meta regarding the anti-competitive effects of imposing a ‘take-it or leave-it’ agreement on consumers.

In the WhatsApp case, the CCI has pushed the boundaries further in this interface by investigating exclusionary abuses regarding excessive data collection in an ecosystem. This …

“Shaping Academic Teaching At The Crossroads Of Ethics And Artificial Intelligence”, Workshop At Warsaw University Of Technology, Warsaw, 25 September 2024, Julia Braniewska, Bartłomiej Skowron

Yearbook of Antitrust and Regulatory Studies

This document is a report on the workshop, “Shaping Academic Teaching at the Crossroads of Ethics and Artificial Intelligence”, which formed a component of the “Ethics and AI” conference hosted by Warsaw University of Technology.

Appeal No.1045: Renee Beem Caughey V. Division Of Oil & Gas Resources Management & Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's 2025=123

Appeal No.1050: Big M. Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2015-250, 2025-251, 2025-252, and 2025-253

Appeal No.1051: Big M. Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2015-250, 2025-251, 2025-252, and 2025-253

Appeal No.1052: Big M. Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2015-250, 2025-251, 2025-252, and 2025-253

Appeal No.1053: Big M. Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2015-250, 2025-251, 2025-252, and 2025-253

The Role Of Religion In Ensuring National Security In Kazakhstan, Nurzhan Arystanbekuly Tursin Nur, Mukhan Issakhan, Shamshadin Kerim, Kovalev Dmitriy, Kalimash Begalinova

Occasional Papers on Religion in Eastern Europe

This article explores the foundations of state policy aimed at ensuring religious stability in Kazakhstan. It analyzes the scientific basis of religious studies, principles of tolerance toward the country’s traditional religions, and the role of religion in maintaining national security. The methodology, goals, and objectives of the study are shaped by the interdisciplinary nature of the subject. The research examines state and interfaith relations, the development of freedom of religion, its integration into domestic and international law, and ways of resolving legal contradictions, traditions, and stereotypes. The theoretical framework relies on the works of domestic and foreign scholars devoted to …

Religion And Human Rights In The Realities Of The Russian-Ukrainian War, Andrii Marchenko

Occasional Papers on Religion in Eastern Europe

The article is devoted to the peculiarities of the relationship between religion and human rights in the context of the Russian-Ukrainian war. It is noted that Russia’s expansion results in a decrease in religious freedom in the temporarily occupied lands, a narrowing of the scope of this fundamental norm. At the same time, the author emphasizes not only the violations of the rights and freedoms of believers in the temporarily occupied territories of the country caused by external factors, but also some internal problems of the socio-religious life of modern Ukraine.The article analyzes the actions of the Ukrainian authorities to …

The Legal And Ethical Impacts Of Cybersecurity Practices On Privacy And Digital Rights, Ibrahim Fejzulla

Cybersecurity Undergraduate Research Showcase

The General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) are meant to secure our data, but sometimes it feels as if organizations don’t do enough to secure and protect our data and privacy. Even some of the things organizations may do to improve security may sound counterintuitive like hiring ethical hackers or penetration testers. This research looks at the effects both, the GDPR and HIPAA, have had on cybersecurity practices and policies of organizations. This paper aims to analyze the effects of both the GDPR and HIPAA, answer whether ethical hacking is justified, analyze …

Taking A Trip Into Nature’S Medicine Cabinet: A Country Comparison Of Efforts To Reschedule Psilocybin And Mdma For Therapeutic Use, Ariyah Jones

Georgia Journal of International & Comparative Law

No abstract provided.

A Comparison Between American And Hong Konger Regulatory Efforts Of Cryptocurrency Exchanges In The Light Of The Bankruptcy Of Ftx Trading Ltd., Patrick Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Arbitrating Business And Human Rights Disputes In Latin America, Gloria Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Unclos: Developments In Regulations On Deep-Sea Mining In International Waters, Logan Berg

Georgia Journal of International & Comparative Law

No abstract provided.

Lunar Servicing, Assembly, And Manufacturing; Legal And Environmental Issues, Francesca Giannoni-Crystal

Georgia Journal of International & Comparative Law

No abstract provided.

The Internet Of Hate: Comparing The Nature, Harms, And Regulatory Challenges Of Online And Offline Hate Speech, Alexander Brown

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents

Georgia Journal of International & Comparative Law

No abstract provided.