Law Commons^™

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

Fragmentation Of International Cybercrime Law, Mailyn Fidler

Utah Law Review

Cybercrime is global. But legal approaches to combating cybercrime have been fragmented. The first such multilateral legal mechanism, the Budapest Convention on Cybercrime, was launched in 2001 and positioned by its primarily Western drafters as a global instrument. But it has struggled to achieve full international uptake. Instead, many states have used regional organizations to create their own legal mechanisms addressing cybercrime and cybersecurity threats. More recently, the UN Convention on Cybercrime has emerged as an alternative to this fragmented landscape. But the emergence and significance of this “convergent” option cannot be understood without the context of the deep fragmentation …

The World Cup As A Racial Rebuilt Project, Khaled A. Beydoun

Utah Law Review

Scholars, particularly Critical Race Theorists, have written trenchantly about the law’s role in racial formation. Yet, while instrumental in this process, the law does not stand alone as a conduit of making race. Particularly for misrepresented groups, like Arabs, who struggle to find existential self-determination between imperial identity impositions, ethnic cleansing, and clashing racial ascriptions, the law fails to create racial categories that reflect their lived realities.

Beyond the asymmetrical landscape of legal ordering, sport stands as a powerful site of racial formation. Sport is where racialization can unfold indigenously, rebelliously, and “from the bottom.” Particularly soccer, a game of …

Sometimes Is Not Enough: A Legislative Solution To The Failures Of The Federal Government In Compensating Civilians Harmed By U.S. Military Action, Olivia Mcquarrie

Utah Law Review

The United States has a large military presence abroad. With that presence has come instances of human rights abuses. This Note highlights the issues of civilian deaths and poisoning at the hands of the U.S. military, focusing specifically on the U.S.’s Middle Eastern theater of operations. It advocates for a comprehensive statutory scheme that requires uniform compensation to civilians while also requiring public disclosures to ensure government accountability. Previous research has focused on the cause of the U.S. military’s human rights violations abroad and methods of addressing physical and environmental harms separately. This Note proposes an approach that encompasses both …

Addressing Housing Insecurity In Pacific Grove: Evaluating The Effectiveness Of Affordable Housing Resources, Melissa Gembe

Capstone Projects and Master's Theses

The City of Pacific Grove is a beautiful coastal place to live, yet it is difficult to find affordable housing. The housing division works together with other departments in the city and state to carry out its goal of ensuring that residents have access to affordable housing. In previous community housing needs surveys 60% of respondents reported an interest in building an Accessory Dwelling Unit. Similarly, 50% respondents showed an interest in landlord incentive workshops. The purpose of the evaluation was to assess the effectiveness of these two key resources. A study was conducted through in-depth interviews with specialists in …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Illinois’S Latent Disease Transformation: No More Harsh Rulings, Joseph R. Egan

Northern Illinois Law Review Supplement

Recent amendments to Illinois statutes related to latent diseases have been the topic of current litigation. Traditionally, Illinois has placed a time limit on filing latent disease suits; however, after several self-described “harsh rulings,” the legislature amended this time-barring statute. Additionally, unlike before, plaintiffs are now allowed to go directly after employers. Employers have raised several issues concerning the constitutionality of the amendments to these statutes.

This Comment argues that the recent amendments by the Illinois legislature are constitutional because they do not violate ‘special legislation’ and are not applied retroactively. Trial judges and the Illinois Attorney General have all …

A New Chorus Of Action: Implementing Fiduciary Standards In Artist-Label Agreements, Lindsey Kokkinias

Northern Illinois Law Review Supplement

Throughout history, artists have faced exploitation by record labels through power imbalances and inequitable contractual obligations. This Comment proposes establishing a fiduciary relationship between artists and record labels, advocating for a legal framework that imposes duties of loyalty and care within the music industry. The traditional dynamics between artists and recording companies involve disparities in power, knowledge, and financial interests, often leading to contracts and practices that unfairly benefit labels at the expense of artists’ rights, earnings, and creative control. By analyzing legal precedents and case studies, this Comment demonstrates the necessity and feasibility of imposing fiduciary obligations on record …

Clark Memorandum: Spring 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Primary and Professional Identity
• Never Only Two Sides
• In Defense of Zion and Her People
• The Pursuit of Happiness

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

Isaac Mwanza And Zambia Civil Liberties Union (Zclu) V The Attorney General 2024/Ccz/008, Emmanuel Banda

SAIPAR Case Review

This contribution considers Isaac Mwanza and Zambia Civil Liberties Union (ZCLU) v Attorney General, a case challenging the constitutionality of longstanding penal provisions criminalising same-sex relations. The author takes issue with the Constitutional Court’s refusal to entertain the matter on jurisdictional grounds, arguing that it misconstrued the relationship between Articles 28 and 128 of the Constitution. By deferring entirely to the High Court on Bill of Rights issues, the author contends, the Constitutional Court has left a significant gap: legislation that may violate fundamental rights now lacks a clear constitutional forum for challenge. The piece underscores a persistent ambiguity in …

Volume 8, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Coercing Virtue Or Superintending Constitutional Order? A Comment On Munir Zulu And Celestine Mukandila V Attorney General, O'Brien Kaaba, Emmanuel N. Nyambe

SAIPAR Case Review

In Munir Zulu and Celestine Mukandila v Attorney General, the Constitutional Court of Zambia intervened for the first time in a constitutional amendment process before a bill was tabled, asserting its authority to oversee executive conduct in line with constitutional principles. While the author commends the Court’s departure from a historically passive judiciary, a pointed critique is offered of the judgment’s conceptual shortcomings. The analysis highlights the Court’s conflation of constituent and constituted power, its reliance on an inaccurate historical account of past amendments, and the jurisdictional inconsistency it created with the earlier Bill 10 ruling, all of which weaken …

The Attorney General V Rajan Mahthani (Appeal No. 4 Of 2020) [2025] Zmsc (24 July 2025): Judicial Recusal And Why It Is Important To Strike A Balance, Mwami Kabwabwa

SAIPAR Case Review

This contribution examines The Attorney General v Rajan Mahthani, a Supreme Court ruling on judicial recusal. The author critically assesses the Court’s insistence on proving actual, extrajudicial bias as a prerequisite for recusal. Though the importance of shielding the judiciary from frivolous motions is acknowledged, the piece warns that the Court’s rigid stance, paired with its admonishing tone, may undermine the right to a fair hearing guaranteed under Article 18 of the Constitution. Drawing on South African and Kenyan jurisprudence, the author proposes adopting a “reasonable apprehension of bias” standard that respects judicial independence while safeguarding public confidence in the …

How Criminal Offenders Offend Society’S Equality Expectations, T. Markus Funk

SMU Law Review Forum

The public’s concern over safety and rising crime rates dominated opinion polls and played a significant role in the 2024 presidential election. This article argues that, although much has been written on the offender’s state of mind and the concrete harms offenders impose, what is missing is a more victim-centric understanding of the full scope of crime’s consequences.

Criminal offenders’ selfish, self-directed conduct subjugates the victims’ legally protected interests and conveys that they do not consider their victims’ rights sufficiently important or deserving of conduct-guiding respect. Offenders, in short, differentiate themselves from the social group by adopting the harmful mindset …

Food Inspections: Searching For Contamination (And Solutions) In A Haystack, Abigail Schneider, Benjamin Kelly, Michael S. Sinha

Journal of Food Law & Policy

Food recalls in the United States often reveal serious mismanagement and structural issues in both government and private industry, yet they have become unremarkable and even expected in our modern world. The procedure employed by the U.S. Food and Drug Administration (“FDA”) to monitor food manufacturing is a valuable process which protects every person who lives in the United States. However, the effects of monitoring as a tool for oversight is limited if there is no efficient response when problems arise. FDA inspects pharmaceutical, cosmetic, and food manufacturing facilities both domestically and abroad. When those inspections reveal the presence of …

Adopting An International Human Rights Approach In The U.S. To Combat Sizeism And Related Racism And Sexism In Healthcare, Public Health Efforts, And Food Advertising Policy, Kristina Bergman, Denisse Cordova Montes

Journal of Food Law & Policy

Evidence of size stigma in U.S. food and health industries is overwhelming. Many policies affecting consumer and patient health and care look to patient Body Mass Index (BMI), a ratio of patient weight to height that anthropologists describe has roots in eugenics, scientific racism, and sexism, and that even the American Medical Association describes as being used for racist exclusion and not encompassing of sex-based differences. Many healthcare policies, public health messages, and food advertising strategies boast goals of reducing BMI in hopes of improving health status, but, in addition to having abhorrent origins, BMI has been shown to be …

A Critical Look At A New Iowa Law Allowing Minors To Serve Alcohol, Tom Hubbard

Journal of Food Law & Policy

In the never-ending tug-of-war of today’s charged political climate, the child labor discussion has been caught right in the crosshairs. While the Biden administration promised to crack down on child labor law violations (with varying degrees of success), more states continue making it easier for children to work. Because of this, the opportunity to exploit a progressively younger workforce will continue to grow. Amidst this backdrop, this article focuses particularly on a new Iowa law that expands child labor across the state. While there are many states seeking to roll back child labor law protections, Iowa’s new law seems to …

Food For Thought: Funding The National School Lunch Program While Simultaneously Providing Tax Incentives To Farmers, Carter Wade

Journal of Food Law & Policy

This note will focus primarily on the National School Lunch Program (“NSLP”) and propose a solution aimed at reducing the costs of implementing it. It begins with a historical background into how the NSLP came to be and the various adaptations and programs that came out of it. This note then covers current programs and organizations that have arisen to support nutritional education and provide healthy meals to school children. It then compares several contribution-based tax incentive programs, which serve as inspiration for the final proposed tax incentive program for farmers in the closing section. Through the years, rising costs …

Negotiating Food Security, Maria Cudowska

Journal of Food Law & Policy

In the United States and worldwide, nutrition and food emerge as both high-profile public policy targets and as fundamental aspects of the right to self-determination. This Article examines how national security impacts food security in the United States. It explores conflicts and synergies between municipal, state, and federal law developments related to the right to food and investigates recent developments in how those commitments have been negotiated. The challenge and nebulous justiciability of the right to food can be in part attributed to existing global and national systems, which include supply chains, welfare programs, and foreign investment in the U.S. …

Legal Protection Efforts For Msme Entrepreneurs Based On Law No. 11 Of 2020 On Job Creation Law, Duhita Driyah Suprapti, Dina Ristanti, Finna Maessy Pangestika, Choirul Fuad, Salman Alfarisi

Indonesia Law Review

Indonesia is the fourth-highest country with a level of population density that will undoubtedly cause many problems, one of which is the problem related to unemployment that is increasingly increasing. Therefore, the Government then took the initiative to issue a law that can pioneer job creation, ease of effort, investment, and empowerment of small micro-businesses. Focus on the actions of youth in making investments then whether this Job Creation Law also provides adequate protection for entrepreneurs, especially MSME entrepreneurs. MSME entrepreneurs need legal protection because most do not understand the Law in Indonesia and cannot afford to hire legal counsel …

Vol. 45, No. 2, Spring 2025: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 45, Issue 2 of the Northern Illinois Law Review

I Demand The Right To Destroy My Church! The Relationship Between The Religious Land Use And Institutionalized Persons Act And The Religious Right To Demolish Historic Churches, Mikayla D. Kelz

Northern Illinois University Law Review

Prohibitions and restrictions on land use by Historic Preservation Committees via landmark laws are common and hinder an owner’s right to control the land. Religious institutions possess an important piece of federal legislation to combat landmark laws, known as the Religious Land Use and Institutionalized Persons Act (RLUIPA). Even with this advantage in their pocket, churches continue to face local opposition on the ability to renovate and demolish their churches due to the overly regulatory nature of landmark laws. Federal courts vary on the criteria in determining whether a landmark designation can withstand the right to religious exercise via land …

Hi Barbie! A Cultural Phenomenon Illustrates How Courts Have Lost The True Meaning Of The Independent Creation Defense, Shelby Harrison

Northern Illinois University Law Review

From movies to advertisements to department stores, Barbie is everywhere. Barbie has been around for decades and is now a cultural phenomenon. It is almost impossible to not be familiar with the iconic fashion doll. With a creation so popular and so powerful, how do other individuals or businesses create their own doll without being influenced by Barbie? This Note discusses the independent creation defense within copyright infringement. The focus of this Note is whether a defendant would even be able to assert the independent creation defense when their opponent’s creation is so widely known, like Barbie. This Note emphasizes …

Originalism’S Precedent Problem, James Bernstein

Northern Illinois University Law Review

This paper explores the tension between originalism and stare decisis in judicial decision-making. Originalism, which seeks to interpret the Constitution as understood at the time of its ratification, has gained bipartisan acceptance among judges. However, this interpretive approach faces challenges regarding precedent: How should originalist judges handle past decisions that deviate from the original public meaning of the Constitution? The paper examines this issue, particularly in light of originalists’ varied stances on the role of precedent.

Some originalists, like Antonin Scalia and Amy Coney Barrett, acknowledge the need for stare decisis to maintain legal stability, albeit with allowances for overturning …

The Gambia’S Democratic Revival: An Interview With Chief Justice Hassan Bubacar Jallow, Hassan Bubacar Jallow, David Collins

Judicature International

No abstract provided.

Medical Device Sterilization As A Public Health Paradox, Paradise, Jordan

Santa Clara Law Review

Medical device sterilization processes are a public health paradox. Sterility is necessary to assure product safety, yet emissions from the most common form of industrial sterilization, ethylene oxide (EtO), cause cancer. The connection between ethylene oxide and health risks has existed for decades, though recent litigation, state legislation, and advocacy efforts have illuminated the risks. This Article explores the large-scale EtO emissions in Willowbrook, Illinois caused by a facility run by Sterigenics, a corporate entity with facilities across the United States. The Sterigenics case study will be utilized to examine the scope of adverse health and environmental effects; the local, …

Constraining The Family Regulation System: The Contribution Of The Restatement Of The Law, Children And The Law, Clare Huntington

Faculty Scholarship

Advocates, policymakers, and scholars have argued for years that the family regulation system (also known as the child welfare system) fails families. Critics rightly note that the system does far too little to support families proactively and does not address the poverty and structural racism underlying many allegations of child abuse and neglect. The overrepresentation of Black, Native American, and Native Alaskan children in foster care is a stark and disturbing manifestation of these failings.

In response to these concerns, there is an active debate about abolishing or radically reforming the family regulation system to direct government funding to proactive …