Law Commons^™

Navigating Wastewater: Minnesota Mining Wastewater Permit Challenges And Evolving Compliance Standards, Madelaine Adamich

Journal of Earth and Life Science

February of 2021 marked the beginning of Minnesota clearly establishing that groundwater qualifies as a Class 1 water in a legal battle involving United States Steel, the Minnesota Pollution Control Agency, WaterLegacy, Fond du Lac Band of Lake Superior Chippewa, the Minnesota Court of Appeals, and eventually the Minnesota Supreme Court (MNSC). Minnesota has a water classification system, as required by the federal Clean Water Act, with 7 classes of use. Class 1 waters are waters used for domestic consumption (MPCA 4, n.d.). According to Minnesota Statute § 7050.0220, the acceptable level for sulfate is 250 mg/L in Class 1 …

Informing Choice: The Role Of Adoption In Women’S Pregnancy Decision-Making, Elizabeth R. Kirk, Ryan Hanlon

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Don’T Trust The Vibes: A Better Test For Pop Music Copyright Infringement, Lauryn M. Sparger

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Sidgwick’S “Move”: A Reply, T. A. Cavanaugh

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Haitian Revolution, Anti-Haitianism, And The Evolution Of Exclusionary Immigration Policy In The United States, Joseph M. Frengel

Student Articles and Papers

No abstract provided.

The Escazú Compliance Mechanism And Its Legitimacy As An Effective Tool For Advocacy, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Adjusting The Law Librarian Pipeline, David Whelan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Social Justice, Practical Lawyering, And The Elephant In Solitary Confinement: Why Animal Law Belongs In The Legal Writing Classroom, Conley Wouters

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Continuum Of Responsibility: An Examination Of The Human Right To A Healthy Environment Of Present And Future Generations, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Harmonizing Delegation And Deference After Loper Bright, Kristin Hickman, Amy J. Wildermuth

Articles

By overturning Chevron, the Supreme Court's Loper Bright decision clearly changed the way in which courts must approach agency actions interpreting statutes. But Loper Bright stopped well short of declaring that courts should always ignore agency interpretations and only interpret statutes using their independent judgment. In two critical paragraphs, the Court acknowledged that some statutory provisions delegate discretionary authority to agencies counseled a more restrained judicial review for reasoned decisionmaking when agencies exercise such power. But, whereas Chevron focused nearly exclusively on the statutory word or phrase that an agency was endeavoring to interpret and implement, Loper Bright shifts …

Weaponization Of Taxation: Sovereign Tax Immunity As A National Security Tool, Vinita R. Singh

Articles

Amidst calls to reconceptualize taxation as a national security tool, legislators are reexamining how the United States taxes foreign governments. Federal income taxation of foreign governments—what this Article terms “the law of immunity from taxation” or “sovereign tax immunity”—strongly influences whether and how foreign governments pursue investment in the United States. This impact on international business transactions indicates sovereign tax immunity has the potential to be a powerful national security tool. Yet, despite its import, the law of immunity from taxation has been underexplored and undertheorized. This Article steps into this gap in discourse by challenging the way recent legislative …

The Powers That Perpetuate Child Marriage In India, China, And The United States, Ava Kegler

Undergraduate Honors Theses

Child marriage is a crisis that continues to be practiced in many countries around the world. This is not to discredit the progress that organizations like the United Nations Children’s Fund (UNICEF) and Girls Not Brides have made to aid countries in their process of eliminating child marriage. However, the commitment to completing the UN Sustainable Development Goal (SDG) of ending child marriage by 2030 seems less achievable as we enter 2025. The question this thesis considers is why this goal is challenging to reach. While child marriage is prominent in developing nations, caused by high poverty rates, low education, …

An Eye For An Eye Makes A Vigilant Society, Liam C. Preyer

Capstone Showcase

Vigilantism is one of the oldest practices of mankind; for as long as there have been moral and legal laws to govern us and live by, there have been individuals who have sought justice outside these systems. Vigilantism is the response to failures in the justice system, and in the United States in particular, we have seen examples from the Western Frontier to the modern-day digital landscape. This paper will explore the nature of vigilante justice through historical, psychological, media-driven, legal, and digital lenses. We will explore how cultural narratives, media influences, government actions, and psychological motivations have shaped the …

The Gift Of Exit Financing, Robert W. Miller

Faculty Publications

Aggressive liability management exercises have spilled over into bankruptcy court and exit financing is often the prize in the center of the arena. Debtors no longer rely upon gifting, the traditional strategy for buying plan support. Instead, they can replicate gifting's benefits in a more defensible package by funneling discounted subscription rights to chosen constituencies as part of exit financing.

Recognizing exit financing's distortive power, courts responded by evaluating the quality of negotiations and reviewing precedent transactions. Meanwhile, commentators suggest heightened monitoring and informal guardrails. All of these approaches ignore the shortcomings of judicial valuation. Market testing is the only …

Reflections On The Importance Of Critical Theory To Teaching Environmental Law, Sean Kammer

Faculty Publications

The freedom of students to learn about critical approaches to understanding their world is under sustained political attack. In this time of increasing environmental peril and political dysfunction, Professor Sean M. Kammer reflects upon the importance of critical theory (including Critical Race Theory) to understanding—and ultimately redressing—the related problems of resource scarcity and environmental degradation. While these problems can surely be described in terms of “economic inefficiencies” or “ecological disturbances,” as they most often are, they must also be understood (and taught) as problems of colonial exploitation and violence. For example, one cannot understand Justice John Marshall’s discovery doctrine or …

Charting The Course : The Role Of Imo Within The Unclos Legal Framework In Tackling Challenges Of Contemporary Shipping, M. C. Romero, R. Beckman, T. Nguyen, J. Ong, G. Theocharidis

Reports

This report documents the proceedings of the two-day workshop, "Charting the Course: The role of IMO within the UNCLOS legal framework in tackling challenges of contemporary shipping," jointly organized by the World Maritime University (WMU) and the Centre for International Law (CIL) of the National University of Singapore (NUS). The event took place in Malmö, Sweden, from June 9 to 10, 2025.

The central theme was the complementary relationship between the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and IMO regulations, with an emphasis on the flag State’s duties under UNCLOS Article 94. The workshop’s core …

Psychedelic Medicine Exceptionalism, Mason Marks, I. Glenn Cohen

Scholarly Publications

Research on psychedelic medicines is experiencing a revival. Some clinicians, scientists, and ethicists believe that psychedelics are so different from other treatments that they warrant special consideration in how they are researched, regulated, commercialized, and administered. Others argue that psychedelic medicines show clinical potential, but they should be treated like other medical interventions. In other words, identical standards should apply. This article analyzes whether psychedelic medicines warrant special consideration from a regulatory and ethical perspective.

George A. Leet Business Symposium: Introduction – Relational Contracts And Industrial Policy: Diversity Shows Discriminating Alignment In Choosing Organizational Structures And Enforcement Techniques, Juliet Kostritsky

Case Western Reserve Law Review

No abstract provided.

Arbitration Of Investment Adviser Disputes Is Unfair: How Ria Arbitration Fails Investors, Adam Gana, James Fallows Tierney, Zahra Hodjat

Case Western Reserve Law Review

No abstract provided.

Civil Rights Law—One Foot In, One Foot Out: Fourth Circuit Holds Tester’S Informational Injury Obtains Sufficient Standing—Laufer V. Naranda Hotels, Llc, 60 F.4th 156 (4th Cir. 2023), Abigail Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Prepared For What? Oregon Officials Granted Immunity After Failing To Prioritize Inmates In Covid-19 Vaccines—Maney V. Brown, 91 F.4th 1296 (9th Cir. 2024), Emily Riccio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Understanding Free Speech Values At The Supreme Court, Noah C. Chauvin

Faculty Articles

This essay is a book review of The Supreme Court and the Philosopher: How John Stuart Mill Shaped US Free Speech Protections, by Professors Eric Kasper and Troy Kozma. The book argues that John Stuart Mill had an indelible impact on the Supreme Court's free speech jurisprudence, and that through the power of precedent, we have come to have a "Millian "First Amendment. As I explain in the review, Kasper and Kozma have made a compelling case. However, because Mill offered an expansive defense of freedom of expression, it is not enough to say that the Court's free speech jurisprudence …

The Benefit Analysis In Eu – Cvds On Biodiesel (Indonesia): E Uno Plura, Akhil Raina, Neeraj Rajan Sabitha, Petros C. Mavroidis

Indian Journal of International Economic Law

In the EU – CVDs on Biodiesel (Indonesia) WTO dispute, the legal relevance of certain export levy payments made by producers that ultimately benefited from the alleged subsidy, in the form of grants from the government, was contested.  These export levies were mandated under the same measure that introduced the grants, were paid by the producers who ultimately received the grants and made up the funds from which the grants were ultimately financed. The WTO panel attached no particular importance to these export levy payments in its subsidy analysis and ultimately found that the grants constitute a subsidy. We disagree …

Foreword, Peter Van Den Bossche

Indian Journal of International Economic Law

No abstract provided.

Delays, Disruptions, And Diminished Margins: Reassessing Loss Claims In Indian Construction Law, Gautam Mohanty Mr, Gaurav Rai

National Law School of India Review

Loss of Profit claims by a contractor are premised on the assertion that the contractor has incurred financial losses due to the act of illegal and premature termination of the contract by the employer. Loss of profitability, on the other hand, is a claim made by the contractor of a decrease in the profit percentage in a contract on account of delays and disruptions in the work due to the actions attributable to the employer. Due to the homonymic nature of the terms, several judgments in India confuse one with the other and misunderstand the underlying principles of law applicable …

Finding Method To Madness: The Indian Supreme Court's Dignity Jurisprudence, Aishani Gupta

National Law School of India Review

This article critically examines the Indian Supreme Court’s use of the concept of dignity in constitutional adjudication. Though the Indian Constitution references dignity only thrice, its substantive development has occurred mainly through case law. Using recent literature on dignity as well as case law between 1978 and 2023 this article categorises three main uses of dignity: (i) the constitutional status of dignity; (ii) the expansion of dignity; (iii) homage to dignity. The paper argues that while dignity is necessarily multifaceted, its application should be consistent across similar fact patterns to ensure consistency. To support this, the author analyzes nine Supreme …

A Comparative Study On The Originality Of Ai-Generated Artworks: What Can Copyright Laws Learn From Refik Anadol?, Söğüt Atilla

National Law School of India Review

Originality is a fundamental requirement for works to receive copyright protection. However, as the term lacks a universally accepted definition, interpretations of originality vary across jurisdictions. This article first examines key theories underpinning copyright law to justify the necessity of an originality threshold. It then analyses how the United States, the United Kingdom, India, China, and the European Union define and apply this criterion. In the final section, the article argues that, these jurisdictions, when applying their well-established principles and case law consistently, can accommodate findings of originality in AI-generated artworks. The article critiques the misconception shared by some jurisdictions …

Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram

National Law School of India Review

The right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes …

Unmasking The Rhetoric Of Reform – The Bharatiya Sakshya Adhiniyam 2023 In Context, Pranav Verma

National Law School of India Review

This legislative comment is a critical analysis of the Bharatiya Sakshya Adhiniyam 2023 (‘BSA’), which has replaced the Indian Evidence Act, 1872 (‘IEA’). It analyses the major changes brought in by the BSA and discusses their implications. It further highlights the existing interpretive disputes within the IEA that the BSA leaves unaddressed. The BSA makes only a few substantive changes in improvement to the IEA, such as streamlining the rules on electronic evidence and expanding the scope of secondary evidence. Apart from this, most changes pertain to the renumbering of existing provisions and the deletion of obsolete colonial references. These …

Counterclaims In Investor-State Arbitration: A Tale Of Two Cases, Godwin Tan, Justin Tan

National Law School of India Review

This article explores the evolving role of counterclaims in investment treaty arbitration. While arbitral rules commonly permit counterclaims, their success has historically been limited due to challenges such as the scope of the parties’ consent to arbitration and the lack of a relevant investor obligation to ground the counterclaim. However, a discernible increase in counterclaims under the ICSID Convention over the past 15 years suggests that there may be a shift in practice. Against this backdrop, this article carries out a comparative analysis of two recent decisions – Iberdrola v. Guatemala (2020) and Lopez Goyne Family Trust v. Nicaragua (2023) …