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2026

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Full-Text Articles in Law

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney Jan 2026

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …


Thirst For Data: State Responses To Data Center Water Use, Daniel Anderson, Sydney Stellato Jan 2026

Thirst For Data: State Responses To Data Center Water Use, Daniel Anderson, Sydney Stellato

Books, Reports, and Studies

No abstract provided.


Race, Memory, And Authority In Constitutional Interpretation, Henry L. Chambers, Jr. Jan 2026

Race, Memory, And Authority In Constitutional Interpretation, Henry L. Chambers, Jr.

Law Faculty Publications

This Essay considers how America’s history and memory regarding race complicate constitutional interpretation. If scholars interpreted the Constitution merely to determine what the majority view of the Constitution may have been when it was ratified—its original public meaning (“OPM”)—the loose use of history and memory to interpret the Constitution might be acceptable. What the People—whose membership is contested—thought the Constitution meant when it was framed is interesting, so long as it does not bind us today. However, as Jack Balkin notes in Memory and Authority: The Uses of History in Constitutional Interpretation, lawyers and judges attempt to use history and …


Hester’S Dubious Roots And Legacy: Open Fields Doctrine Under Scrutiny, Laura K. Donohue Jan 2026

Hester’S Dubious Roots And Legacy: Open Fields Doctrine Under Scrutiny, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

For over a century, open fields doctrine has shaped Fourth Amendment law, denying people the right to be secure on their own property. Its application has steadily expanded, with the result that, by some estimates, the Government can now engage in warrantless surveillance of some ninety-six percent of private land and buildings regardless of fences, postings, the distance from public roads or byways, or the use to which the property is put. An originalist approach throws the doctrine into disarray: at the time of the Founding, common law protected the curtilage, which extended to the fields, barns, storehouses, and other …


Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen Jan 2026

Religious Freedom, Jesuit Mission, And Dei, William M. Treanor, Amelia J. Uelmen

Georgetown Law Faculty Publications and Other Works

The ability of Jesuit educational institutions to pursue a central part of their mission – that of fostering diverse, equitable and inclusive educational environments – is under attack. This essay outlines several dimensions of their religiously-grounded mission and the reasons to strongly protect from government interference the rights of Jesuit universities to implement programs and practices that align with DEI values. First, for Jesuit universities, these programs and practices are rooted in a much deeper culture of the more than 2,000-year old Catholic intellectual tradition and the now 500-year old tradition of Jesuit spirituality. Second, drawing on the classic work …


Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota Jan 2026

Required Learning, Voluntary Service: A Critical Look At Mandatory Cle And Pro Bono Options, Rima Sirota

Georgetown Law Faculty Publications and Other Works

This chapter critically examines the intersection of mandatory continuing legal education (MCLE) and pro bono service in the United States, focusing on the growing practice of awarding MCLE credits for pro bono work. It argues that MCLE, widely justified as promoting lawyer competence, rests on a striking lack of empirical support and is structured in ways that undermine effective professional learning. A pro bono option for earning MCLE credit, introduced as an incentive to expand access to justice, has similarly failed to demonstrate measurable impacts on pro bono participation. Nonetheless, the pro bono option holds untapped potential because, if properly …


Unsuccessful? Universal Human Rights And The United Nations: Russian Imperialism In Ukraine And The Post-Udhr International System, Sofiia Novytska Jan 2026

Unsuccessful? Universal Human Rights And The United Nations: Russian Imperialism In Ukraine And The Post-Udhr International System, Sofiia Novytska

Graduate Theses, Dissertations, and Problem Reports (ETD)

Human universality has always stood as a controversial subject and remains politically contentious today. Following the humanitarian crisis of World War II, the international community was determined to protect the integrity and dignity of people worldwide by developing the United Nations’ Universal Declaration of Human Rights. However, universal human rights were not invented by the Declaration and were already conceptually established in global ancient thought, further evolved into Early Modern scholarship, and later paved the way for modern humanitarian frameworks. The UDHR was not universally well-received, and was criticized for its revolutionary legal character, postcolonial contestation, and practical ambiguity. The …


Optimization Of The Cmc Algorithm, Christopher Joseph Moner Jan 2026

Optimization Of The Cmc Algorithm, Christopher Joseph Moner

Graduate Theses, Dissertations, and Problem Reports (ETD)

Cartridge cases recovered from discharged firearms contain tool marks produced by the internal mechanisms of said firearm. Firearm and tool mark examiners com pare these marks to determine whether two cartridge cases originated from the same firearm. Traditional comparison methods have been criticized for their subjective nature and reliance on examiner interpretation rather than objective decision thresholds. The Congruent Matching Cells (CMC) algorithm was developed as a quantitative, objective method for tool mark comparison. CMC is a surface topography correlation algorithm that partitions a tool mark into small regions, or cells, and evaluates their similarity using the areal cross-correlation function …