Law Commons^™

Wildfire Smoke And U.S. Law, Michael B. Gerrard

Faculty Scholarship

Many of the most wicked feedback effects of climate change relate to wildfire smoke. In some places the greenhouse gases poured into the atmosphere by wildfires exceed the reductions achieved by all efforts to fight climate change. At the same time, climate change is a major reason why wildfires are becoming more frequent and intense. Climate change and wildfires feed each other. However, environmental law and climate policy have paid relatively little attention to wildfires. The smoke from these fires — a major cause of illness and death, even thousands of miles from the blazes — is mostly unregulated. Efforts …

The Limits And Promise Of Global Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos

Faculty Scholarship

A large body of evidence suggests that open, competitive markets are a key driver of economic development. In recognition of this fact, many of the world’s leading economies not only adopted their own antitrust laws to promote competition, but they also urged developing countries around the world to do the same. This resulted in a remarkable proliferation of global antitrust law over the last several decades. Many studies have empirically examined the effect of this development, and, consistent with the hopes of policymakers, they have largely found that adopting antitrust laws produces positive economic outcomes.

In this Article, we reassess …

Just To Be Safe, Let’S Keep Ignoring What “Arms” Meant In 1791, Jack Thorlin

Dickinson Law Review (2017-Present)

The Supreme Court held in District of Columbia v. Heller and reaffirmed in New York State Rifle & Pistol Ass’n v. Bruen that “arms,” referred to in the Second Amendment, are common weapons useful for lawful purposes. The majority argued that militiamen fought with whatever common weapons they had on hand for civilian purposes, such as self-defense and hunting. Therefore, under Heller, only those weapons are covered by the Second Amendment. However, Heller did little to ground the “self-defense” theory of “arms” in original public meaning or even actual history. Commonality and lawful purpose have proved difficult for lower …

Riding On Horseback To The Moon: Consent Searches In The Age Of Smartphones And Digital Tracking, Jonathan Kerr

Washington and Lee Law Review

In 2014, when the Supreme Court ruled in Riley v. California that police must get a warrant before conducting a search of a cell phone, Chief Justice John Roberts described comparing a search of data on a cell phone to a search of other physical items as “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” A decade later, an overwhelming majority of Americans carry cell phones that contain an ever-expanding set of data showing their habits, routines, and the minutiae of their everyday lives, offering a potential wealth of information to law enforcement …

Bibliography For "Literary Copyright Display", Arianna Tillman, Isabella Piechota, Annikah Carpio

Library Displays and Bibliographies

A bibliography created to support a display about literary copyright in April 2025 at the Leatherby Libraries at Chapman University.

Navigating The Legal Risk Universities' Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes' Future Nil Income While Following The Ncaa's Mental Health Best Practices, Kenneth D. Ferguson

Faculty Works

This Essay is written to address a series of questions encompassing name, image, and likeness (NIL) opportunities available to collegiate athletes in sports where the potential is high for head and other career-ending injuries. Sports performance can produce significant economic value through NIL. Decisions made by team physicians, athletic trainers, or other healthcare professionals may affect a collegiate athlete's potential for financial gains expected through NIL. These physicians, athletic trainers, and other healthcare professionals will have to consider whether they could be held personally liable for health care-related decisions affecting financial gains collegiate athletes could potentially experience from NIL.

Part …

A State Supreme Court Justice’S Take On Delegation And Deference, Justice R. Patrick Dewine

University of Michigan Journal of Law Reform

There’s not a lot of talk about state administrative law. Never mind that much of the administrative law that happens in this country happens at the state level. Or that state regulation affects citizens and businesses in much the same way as federal regulation. As Chief Judge Sutton observes, “[o]ur obsession with federal law inclines us to notice changes in administrative law most of all through decisions of the U.S. Supreme Court, the Hubble Telescope for assessing American law.”

Introduction: The Future Of Agency Independence Symposium Christopher J. Walker, Christopher J. Walker

University of Michigan Journal of Law Reform

On the Friday after the election last November, the student editors and I convened scholars from across the country at the University of Michigan Law School to discuss the future of agency independence. The goal was to center our discussion on the traditional unitary executive debate and then look beyond statutory restrictions on the President’s removal power to explore other contours of agency independence in modern regulatory governance. Those included the role of scientific expertise and politics in agency decisionmaking, the decisional independence of agency adjudicators, and the importance of a professionalized civil service. When we planned the symposium, we …

Independent Justice? U.S. Attorneys As A Case Study Of Political Appointments, Jennifer L. Selin, Lauren Mattioli

University of Michigan Journal of Law Reform

Concerns over presidential use of federal prosecution as a political weapon and the overall independence of the Department of Justice have increased in recent years. While most scholarship exploring the potential for political prosecution has focused on the legal and political forces that influence prosecutorial discretion, few studies have identified the varying ways that federal prosecutors obtain their jobs or how those processes affect who serves as U.S. Attorney. This is a consequential oversight, as U.S. Attorney appointments provide an informative case study of the legal frameworks, historical conventions, and politics that influence presidential appointments more generally.

In this Article, …

Masthead

UC Law Business Journal

No abstract provided.

Big Roadblock, Meet Big Data: Overcoming The Business Judgment Rule Using Directors’ Online Data, Cecilia Brisuda

UC Law Business Journal

No abstract provided.

Algorithmic Bias: Ai And The Challenge Of Modern Employment Practices, Jordan Dailey

UC Law Business Journal

No abstract provided.

From Peeping Toms To Pixel Tracking: Privacy In The Digital Age, Francesca Faugno

UC Law Business Journal

No abstract provided.

Constitutional Iconoclasm, Andrew J. Lanham

Michigan Law Review

A review of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them. By Aziz Rana.

Taking Revolution Seriously, Zohra Ahmed

Michigan Law Review

A review of Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt. By Orisanmi Burton.

Nanaboozhoo Died For Your Sins, Matthew L.M. Fletcher

Michigan Law Review

A review of Custer Died for Your Sins: An Indian Manifesto By Vine Deloria, Jr.

Democratizing Constitutional Memory, Reva B. Siegel

Michigan Law Review

The Court regularly makes claims on the past—claims that have grown in prominence since conservatives on the Roberts Court invoked “history and tradition” to overrule longstanding case law on religious free exercise, the right to bear arms, and the right to abortion in its 2021 term and to threaten other rights since. The Court claims its historically based approach constrains judges by focusing interpretation on objective and impersonal facts in the past.

The Invention Of The Judicial Administrative State, Marin K. Levy

Michigan Law Review

A review of The Taft Court: Making Law for a Divided Nation, 1921–1930. By Robert C. Post.

Build Public Renewables, Again, Sandeep Vaheesan

Michigan Law Review

A review of The Price Is Wrong: Why Capitalism Won’t Save the Planet. By Brett Christophers.

Exorcising Hobbes’S Ghost: A Future For Constitutional And International Law, Monica Hakimi

Michigan Law Review

A review of Law for Leviathan: Constitutional Law, International Law, and the State. By Daryl Levinson.

Masthead

MC Law Review

No abstract provided.

Is There A Librarian In The House? Researching Federal And Virginia State Health Law, Andrew J. Christensen

Library Scholarship

Health law is a complex and diverse practice area, encompassing issues ranging from insurance law and patient privacy to medical malpractice and vaccine law. Researching health law thus entails a combination of primary and secondary resources, statutory and regulatory updates, and often a nuanced or multijurisdictional understanding of healthcare policy. For both career specialists and lawyers who are new to the field, finding accurate, current information on both federal and state-specific health laws is critical.

Luckily, the librarian is in. This guide highlights key resources and practical strategies for effectively researching federal and Virginia health law, tailored to legal practitioners …

Usc Lawyer, Spring 2025, University Of South Carolina Joseph F. Rice School Of Law

Law School Alumni Magazines

No abstract provided.

Administration And Faculty

University of the Pacific Law Review

No abstract provided.

Table Of Contents

University of the Pacific Law Review

No abstract provided.

Protecting Portraits And Painters: How Chapter 258 Could Finally Fix The Right To Publicity In The Age Of Ai, Jordan Fortunati

University of the Pacific Law Review

No abstract provided.

Chapter 163: Why Specific Delegation Of Mental Health Resources Is Necessary, Jewel Unga

University of the Pacific Law Review

No abstract provided.

The Impact Of Attacks On Corporate Dei On African Americans, Cheryl L. Wade

University of the Pacific Law Review

No abstract provided.

Turning The Tide: How Chapter 507 Aims To Quench California’S Thirst For Clean And Reliable Drinking Water, Emily Cruz

University of the Pacific Law Review

No abstract provided.

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …