Reproducing The French-Canadian Settler Collective In Ontario Through French Language Rights, Monique Woolnough

Journal of Law and Social Policy

Much of settler colonial theory and studies in Canada has focused on the dominant British settler colonial power, with an emerging spotlight on Quebec. Little attention has been paid to French-Canadian settler colonialism in French-Canadian minority provinces such as Ontario. This research aims to make visible this gap in attention and begin to fill in its contours by understanding how the French-Canadian settler colonial project operates in Ontario through law. Through the application of Indigenous, settler colonial, socio-legal and critical feminist and race theories to a review of narrative themes in the jurisprudence of courts and tribunals interpreting Ontario’s French …

The Closed Door At 301 Wellington Street, Tom Nichini, Kim Brooks

Journal of Law and Social Policy

Although women and racialized lawyers comprise significant proportions of the Canadian bar, they and other equity-deserving lawyers remain markedly underrepresented among counsel making oral submissions before the Supreme Court of Canada. This article presents findings from a five-year empirical study (2017–2021) examining who appears before the Court through an observational analysis of 273 cases and a survey of 279 counsel. The research reveals that presenting counsel are predominantly white, cis-male, and have extensive experience at the bar: e.g., women account for only 26.9% of appearing counsel, while racialized lawyers comprise 12.8%. After evaluating whether this gap can be attributed to …

Restrictions On Party Status In Interpretations Of An Act Respecting First Nations, Inuit And Métis Children, Youth And Families, Jamesy Patrick, Alana Cattapan, Brenda Yuen

Journal of Law and Social Policy

An Act respecting First Nations, Inuit and Métis children, youth and families came into force in January 2020 with the stated objectives of affirming Indigenous jurisdiction over child and family services, reducing the overrepresentation of Indigenous children in state care, and advancing Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples. Central to achieving these objectives are the Act’s National Standards, which are intended to ensure Indigenous communities are meaningfully included in decision-making processes. While these standards were upheld by the Supreme Court of Canada in 2024 as constitutional, emerging jurisprudence reveals significant shortcomings in the …

Element Of Accountability: Strengthening Enforcement Of California’S Housing Element Law, Jonathan D. Bremen

Chapman Law Review

California’s housing crisis, marked by a severe shortage of affordable housing, soaring costs, and rising homelessness, has reached alarming proportions. Despite decades of efforts, the state continues to grapple with a housing market that significantly underserves low- and middle-income residents, forcing many to devote high portions of their income to housing. On paper, California’s Housing Element Law appears to be a valuable tool to address the crisis by requiring cities and counties to plan for housing needs across all economic segments. Widespread noncompliance with the law, however, has prompted both the state Attorney General and private parties to seek judicial …

Through A Glass Darkly: Targeting Cyber And Space Infrastructure In The Law Of War, Michael D. Minerva

Chapman Law Review

As modern militaries become more capable in the cyber and space domains, much of the legal debate has focused on how to legally conduct cyber and space operations. While important, that discussion has largely overlooked the legal implications for the rapidly growing cyber and space infrastructure that exists in the physical domain—commercial satellites like Starlink filling the night skies and data centers like those popping up all over northern Virginia. Most of this infrastructure is commercially developed and privately owned—presumptively civilian in nature—and yet used by militaries all over the world.

The same way bridges form critical ground lines of …

The Outer Space Legal Regime: Peace In Name, Power In Practice, And The Call For A New Treaty, Jaeden Esquivel

Chapman Law Review

Space warfare poses grave dangers that many fail to appreciate. Modern technologies and data-driven services have transformed the domain of space from a distant scientific frontier into the backbone of twenty-first century life. GPS navigation, supply chain logistics, aviation systems, weather forecasting, disaster planning, emergency services, and countless other essential, everyday data-driven systems depend on satellites operating in orbit. If these satellites were permanently disabled or destroyed, the critical Earth-bound infrastructure that relies on them would collapse as well.

For nearly fifty years, space as a geopolitical domain has relied on the 1967 Outer Space Treaty (OST) to ensure that …

Arbitration Overcorrection? Interpreting Arbitration Clauses After Morgan V. Sundance, Peter Constable Alter

Chapman Law Review

In 2022’s Morgan v. Sundance, Inc., the Supreme Court ruled that the Federal Arbitration Act (FAA) does not allow courts to “devise novel rules to favor arbitration over litigation.” Applying that principle, the Court held that the Eighth Circuit erred by grafting an arbitration-specific prejudice requirement onto the generally applicable waiver standard when deciding whether a defendant waived its right to arbitrate by proceeding in court. The Supreme Court traced this error to a misunderstanding of the FAA’s core purpose. While courts, including the Supreme Court itself, routinely interpreted the FAA as establishing a liberal “policy favoring arbitration,” the …

Escaping The Labyrinth: Cutting Through The Maze Of Federal Sector Employment Laws To Streamline Appeals, Allow Faster And More Consistent Decisions, And Level The Playing Field Between Agencies And Employees, Christopher Ligatti

Chapman Law Review

Federal employees and their job protections have gained increased media attention due to the current presidential administration. Criticism has long been aimed primarily at the property interest and accompanying due process protections that federal employees have in their employment. However, this Article argues that while the federal sector employment law system is badly in need of reform, the issue is not the constitutionally required due process protections afforded to employees, but rather the additional statutory and regulatory protections Congress has granted employees. Currently, federal employees have multiple overlapping forums in which they can bring employment actions, may cross-appeal negative decisions …

The Military Discharge Review Boards’ Irregular Presumption Of Regularity, Jessica Lynn Wherry

Chapman Law Review

“There is a presumption of regularity in the conduct of governmental affairs.” With these twelve words in the Department of Defense’s Code of Federal Regulations, the military discharge review boards (DRBs) have denied relief to thousands of veteran-applicants seeking a discharge upgrade. While seemingly innocuous, this administrative principle has become a nearly insurmountable barrier to relief for veterans with a less-than-honorable discharge. Veterans with a less-than-honorable discharge are generally ineligible for a range of veterans benefits, including health care and education benefits, and they have higher suicide rates compared to honorably discharged veterans.

For most veteran-applicants, the administrative path to …

Muted By The Machine: Expanding Ftc Authority To Address Algorithmic Review Suppression, Aubrey Adams

Chapman Law Review

As digital platforms increasingly shape consumer decision-making, the integrity of online reviews has become central to fair market competition. In 2024, the Federal Trade Commission (FTC) issued a final rule prohibiting deceptive practices involving consumer reviews, including traditional forms of review suppression. Yet the rule fails to address a more subtle threat: algorithmic review suppression.

This Note argues that algorithmic review suppression, where platforms use automated systems to downrank or obscure negative reviews, creates a misleading impression of product quality while evading existing regulation. Unlike traditional suppression, these practices operate invisibly under the guise of content curation, distorting consumer perception …

Tilting The Playing Field: Executive Attacks On Big Law Firms As A Mechanism Of American Competitive Authoritarianism, Sajah Ali

CMC Senior Theses

This thesis examines how President Donald Trump’s executive campaign against elite law firms, collectively known as “Big Law,” serves as a concrete case study of competitive authoritarianism in action. Drawing on Steven Levitsky and Lucan Way’s framework in their work The Path to American Authoritarianism, this thesis applies their four pillars of competitive authoritarianism to the administration’s executive orders targeting major law firms and maps those pillars onto three distinct firm responses: fighting back, capitulation, and quiet retreat. Situating this case study within the broader political context of Trump’s second term, this thesis finds that while the United States has …

Regulating Space-Based Solar Power: Challenges Under Both Space Law And Energy Law, Anne-Sophie Martin, Steven Freeland

Journal of Air Law and Commerce

Space-based solar power (SBSP) is emerging as a potential catalyst for global decarbonisation, driven by advances in wireless power transmission, in-orbit assembly, and photovoltaic technologies. Programmes such as the European Space Agency’s SOLARIS initiative, China’s planned megawatt-scale demonstrator, and private projects including Constant Aperture Solid State Integrated Orbital Phased Array and Caltech’s Space Solar Power Project illustrate the shift from theoretical models to operationalisation. SBSP offers continuous, weather-independent renewable energy capable of complementing terrestrial solar, wind, and hydro generation, enhancing grid stability, energy security, and progress toward the UN Sustainable Development Goals. It also supports future space activities by providing …

Systemic Legal Scholarship For Systemic Ai, Kevin Frazier

Chapman Law Review

Artificial intelligence (AI) is triggering societal transformation at an unprecedented pace, yet our legal system struggles to keep up, often relying on incremental tweaks to outdated rules. This Article argues that such conventional legal thinking is not just inadequate but also a source of inconsequential scholarship. By failing to anticipate AI’s trajectory and address foundational issues, incrementalism allows “legal tech debt” to mount, increasing risks of policy failure, societal disruption, and erosion of the rule of law. We must leapfrog this dangerous inertia. This Article proposes and defines a necessary alternative: systemic legal scholarship. This forward-looking paradigm requires legal experts …

Death By Discretion: Executive Power And The Arbitrary Machinery Of Federal Capital Punishment, Reem Haikal

Chapman Law Review

This Article argues that the federal death penalty is not merely at risk of being cruel; it is increasingly at risk of becoming arbitrary and lawless. Despite the procedural safeguards embedded in the Federal Death Penalty Act (FDPA), executive practices have reintroduced many of the same constitutional flaws that the Supreme Court identified in Furman v. Georgia. Through detailed analysis of the FDPA’s structure, this Article shows that the statute fails to meaningfully constrain the Attorney General’s charging discretion, allowing life-and-death decisions to hinge on opaque and often politicized processes. The Trump administration’s revival of federal executions, culminating in sweeping …

Implementing Climate Remedies, Camila Bustos

Vanderbilt Law Review

Climate change litigation has emerged as a powerful tool for addressing the climate crisis, particularly in the face of executive and legislative inaction. Across jurisdictions, courts have issued landmark decisions mandating stronger mitigation targets and recognizing rights-based claims against governments and corporations. While recent scholarship has examined the trends, legal theories, and broader effects of this relatively new phenomenon, it has primarily focused on bringing and winning legal challenges. Less attention has been paid to a crucial phase: the implementation and enforcement of judicial rulings. A deeper understanding of how climate remedies are implemented can provide valuable insights for climate …

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …

The Un-Bridged Pipeline: Leading And Preparing Women Of Color To Senior-Level Higher Education Administration, Jacqueline D. Slater

UNF Graduate Theses and Dissertations

Despite increased educational attainment among Black women, representation in senior‑level leadership positions within higher education remains limited. This qualitative study examines the experiences of Black women who serve or have served in senior‑level academic administrative roles and explores how those experiences inform guidance, preparation, and decision‑making for future Black women leaders. The study focuses on practical barriers, workplace realities, and strategies that shape leadership entry, advancement, and retention.

Using a descriptive case study design, five Black women with professional experience as presidents, provosts, vice provosts, and academic deans participated in semi‑structured interviews lasting 45 to 75 minutes. Purposeful sampling ensured …

Developing Your Research Project: Writing An Annotated Bibliography, Fabiola Ceballos-Durham

Open Educational Resources

Students build the foundation for a criminal justice research project by evaluating and summarizing scholarly articles and websites in an APA-style annotated bibliography.

The Disability History Of Brown V. Board Of Education, Britney Wilson

Articles & Chapters

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson's longstanding "separate but equal" mandate and ruled that the segregation of students based on race violates …

What Beginning Law Students Learn When Ai Gets Personal, Kristina Swanson

Journal Articles

From the Introduction

While legal writing and research professors wrestle with artificial intelligence (AI)'s impact on the skills we teach, one thing is clear: beginning law students cannot discern whether AI answers to legal questions are correct. AI-generated responses to legal questions sound right and are designed to bolster the beleaguered law student's confidence. Deliberately programmed to hook customers, AI-generated answers often begin by praising the brilliant question and expressing electronic empathy for the difficulty the student may have had answering it. The end result: students with the wrong legal answer and misplaced confidence.

Odious Debt And The Legal Mechanisms Of Imperialism, Jaylen Spears

Emory International Law Review

No abstract provided.

Developing A Framework For The Direct International Responsibility Of Nonstate Armed Groups: A Model From Africa, Andrew Feinstein

Emory International Law Review

No abstract provided.

Keynote Speaker Remarks From Ambassador Clint Williamson, Clint Williamson

Emory International Law Review

No abstract provided.

Building A Web Of Accountability: Learning From Ukraine’S Efforts To Bring Russian State Actors To Justice, Jane Stromseth

Emory International Law Review

No abstract provided.

Remarks Of Professor Jennifer Trahan, Jennifer Trahan

Emory International Law Review

No abstract provided.

International Human Rights Intervention: Collective Self-Defense Of Humanity, Anthony J. Colangelo

Emory International Law Review

No abstract provided.

Outsourcing War: Wagner, Private Military Actors, And The Accountability Gap In Modern Conflicts, Dr. Jelena Aparac

Emory International Law Review

No abstract provided.

Remarks From Professor Robert C. Blitt, Robert C. Blitt

Emory International Law Review

No abstract provided.

Bridging The Gap: Predictors Of Alignment Of Parent And Caseworker Perceptions Of Engagement, Jianchao Lai, Michelle I. Graef

Center on Children, Families, and the Law: Faculty Publications

This study examined predictors of alignment between parents’ and caseworkers’ perceptions of family engagement in child welfare services. Using data from 2,274 Alternative Response (AR)–eligible families randomized to AR or Traditional Response, engagement was assessed across the domains of Receptivity, Buy-in, Worker-family Relationship, and Mistrust using a modified Yatchmenoff (2005) scale. Multinomial logistic regression models identified factors associated with agreement and discrepancy between ratings of family engagement within the parent and worker dyad. While both parents and workers valued engagement, workers were more likely to provide higher overall engagement ratings, although the direction of discrepancy varied across specific subscales. Greater …

Allied Professionals In (Academic) Law Libraries, Part I: Evolving Roles, Skills, And Professional Development Needs, Sarah E. Ryan, Mads Ball, Agnes G. Pearcy, Diana Quinones, Dawn L. Smith

Library Staff Publications

Allied professionals comprise a significant portion of the law library workforce, yet their experiences and career pathways are often overlooked in discussions about the profession’s future. This article presents findings from a survey examining how allied professionals pursue professional development, upskilling, and career mobility. While respondents demonstrated a strong commitment to growth, opportunities varied widely and were often limited by institutional support. The authors discuss the survey findings, explore the implications for the profession, and offer recommendations for better supporting allied professionals and recognizing their essential contributions to law librarianship. This is the first in a two-part series.