Law Commons^™

Sdilj V. 26-1 Masthead

San Diego International Law Journal

No abstract provided.

Expanding Access To Justice Through Regulatory Reform And Innovation: Arizona Lessons From The Past, Present, And Future, Samuel A. Thumma

University of Cincinnati Law Review

No abstract provided.

Table Of Contents - Vol. 55, No. 2 2024

Seton Hall Law Review

No abstract provided.

Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett

Public Land & Resources Law Review

Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.

Schutter V. State Board Of Land Commissioners, Gillian P. Ellison

Public Land & Resources Law Review

In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.

Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard

Public Land & Resources Law Review

Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …

Cardozo Law News Brief: December 20, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Gary Galperin
• Luis C. Calderon Gomez
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Campus News:

• Presiding Justice Dianne T. Renwick '86 of the Appelate Division, First Department, To Receive Advancement of Judicial Diversity Award From the New York State Bar Association

The Changing Face And Increasingly Targeted Tool Of State Interlocutory Appeals, Elizabeth Lee Thompson

Seton Hall Law Review

No abstract provided.

A Conversation With Justice Brett Kavanaugh, Brett M. Kavanaugh, J. Joel Alicea

Catholic University Law Review

On Thursday, September 26th, 2024, the Center for the Constitution and the Catholic Intellectual Tradition at The Catholic University of America hosted a conversation between Justice Brett M. Kavanaugh and Professor J. Joel Alicea. This was the inaugural event of the new Center. The conversation covered topics such as constitutional interpretation, the separation of powers, religious liberty, and the Catholic intellectual tradition. This is a transcript of the conversation, and the text appears substantially as it was delivered. The video of the event may be found at this link: https://www.youtube.com/watch?v=2sKvSwzkmqo.

The Illusory Coverage Doctrine Is Not A Doctrine At All (But It Should Be), Shannon W. Conway

Catholic University Law Review

The Illusory Coverage Doctrine, if it ever becomes a true legal doctrine, has the potential to be an incredibly useful tool in insurance law. But courts around the country take very different approaches to the doctrine, ranging from one end of the spectrum—a hard-nosed “pro-insurer” stance where coverage is not illusory so long as a policy provides any coverage—to the other—a muscular “pro-policyholder” public policy approach that requires coverage even if some other exclusion might have prevented coverage under the applicable policy. And along the spectrum are various other iterations, contributing to the complete lack of certainty or consistency about …

To Surmount Paramount Decrees By Degrees, Harry Kazenoff

Catholic University Law Review

The United States Supreme Court in United States v. Paramount and the subsequent Paramount Decrees in 1948 were the federal government’s original attempt to address the consolidation and concentration of the movie production, distribution, and exhibition markets. The government reversed its decision in 2020 because of both changes in the film industry and a change in the legal application of antitrust law. There are two schools of antitrust law thought: structuralism and the consumer welfare standard. The former is concerned with market concentration and supports the Paramount Decrees, and the latter is concerned with prices for consumers and is skeptical …

All’S “Fair” In Love & Copyright: Copyright’S Incentivization Of Fiction Through The Second Fair Use Factor & Idea/Expression Dichotomy, Peyton J. Smetana

Catholic University Law Review

Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge. In solidifying this belief, two doctrines—Fair Use and the idea/expression dichotomy—allow for individuals to utilize other works of authorship without it being considered copyright infringement. Though widely used throughout the judicial system, the analysis for both the second Fair Use factor—Nature of the Copyrighted Work—and the idea/expression dichotomy are left without clear guidelines, leaving judges with an insurmountable task of determining what is and is …

Religion In Public Schools: Constitutional Revolution In Action, Noah R. Feldman

University of Cincinnati Law Review

No abstract provided.

Colliding Doctrines: How Sffa V. Harvard Impacts Public University Officials' Legal Protections, Christo Fosse

University of Cincinnati Law Review

No abstract provided.

Is Hipaa Dead? How Recent Developments In Ftc Section 5 Enforcement May Impact Traditional Notions Of Health Privacy, Brian Patrick

University of Cincinnati Law Review

No abstract provided.

Foia Vs. Fair Trial: How The Freedom Of Information Act Limits The Ability To Uncover Brady Material In Federal Post-Conviction Proceedings, Anna Marchiony

University of Cincinnati Law Review

No abstract provided.

The Search For Unenumerated Fundamental Rights, Alina Sluzhyvenkova

Student Theses and Dissertations

There are certain rights that are explicitly enumerated in the Constitution, e.g., right to bear arms, right to free speech, right to a speedy and public trial. There are also rights that aren’t specifically written out but are nevertheless enjoyed by people nationwide. Rights that aren’t explicitly mentioned in the Constitution, but which are fundamental to are called the unenumerated rights. Unenumerated rights are just as important and can be derived from natural law, enumerated rights, the Ninth Amendment, precedents, judicial opinions, and substantive due process.

Substantive due process is a principle guaranteed by the Fifth and Fourteenth Amendments, which …

Strict Liability And Coach Employment Contracts, Josh Lens

Seton Hall Law Review

No abstract provided.

Protecting The Integrity Of Sports, Matthew J. Parlow

Seton Hall Law Review

No abstract provided.

Prosecutors At The Front Line Of Nazi-Looted Art Restitution, Timothy O’Connor

Seton Hall Law Review

No abstract provided.

Copyright And Research In Latin America: Law, Courts, And Perceptions, Mariana G. Valente, Alice P. Lana, André P. Houang

Joint PIJIP/TLS Research Paper Series

Research on the intersection of copyright law, research activities, and innovation in Latin America reveals significant deficiencies in the legal framework and public discourse surrounding copyright limitations and exceptions (L&Es) for research purposes. The problem is more visible with modern data assembling and analyzing techniques, such as through artificial intelligence (AI) systems. This study highlights the scarcity of explicit provisions for research-related exceptions in the region by examining copyright legislation, case law, and stakeholder perspectives in six Latin American countries. Despite indications that judicial interpretation is expanding the scope of L&Es, particularly in Brazil, awareness of legal nuances remains low …

Power-Conscious Legal Work: Building A Roadmap For Rural Access To Justice Through Trust, Accountability, & Trauma-Informed Practices, Cayley Balser, Antonio M. Coronado

Alaska Law Review

The importance of trauma-informed practices has never been greater. In the United States, most of the population has experienced at least one traumatic event in their life. Experiencing a traumatic event may have long-lasting impacts on physical health, including disruption to all major system functioning. Mental health impacts may include behavior changes, memory challenges, inability to complete routine tasks, difficulty with interpersonal relationships, and other symptoms associated with Post Traumatic Stress Disorder. Extant literature examines the association between past trauma experiences and later interactions with the civil justice system, including litigant conceptualizations of legal system engagement as a traumatic event …

Across The Aggregation-Entity Divide: Personal Jurisdiction, Standing, And The Nature Of The Class Action, Charles Hill

University of Cincinnati Law Review

No abstract provided.

From Evictions To Innovations: The 2024 Access To Justice Symposium In Review, Pavan Parikh, Nick Zingarelli

University of Cincinnati Law Review

No abstract provided.

Seizing Welfare From The Bankrupt, Michael D. Sousa

University of Cincinnati Law Review

The earned income tax credit (EITC) is currently the largest means-tested antipoverty program in the United States that assists low-income working families surviving along the edges of poverty. A central component of the national welfare system, the EITC has lifted millions of families with children out of poverty and has produced myriad benefits for their everyday lives. But most of the poor and near-poor endure in the low-wage labor market and often lead turbulent financial lives, plagued by precarious employment along with deleterious material and psychological constraints in budgeting for daily expenses. For the segment of these families also burdened …

Dignity Defended, Privacy Preserved: A Call For Improved Legal Safeguards To Shield Victims Of Intimate Crimes From Public Scrutiny, Madeline E. Brown

University of Cincinnati Law Review

No abstract provided.

Challenging The Juridical Link: Standing, Class Actions, And Article Iii's Limitations, Sebastian W. Johnson

University of Cincinnati Law Review

No abstract provided.

Transgenerational Legislative Awareness Issues In Children's Food, Yi Seul Kim

Duke Environmental Law & Policy Forum

No abstract provided.

Revitalizing Competition: A Pathway To Lower Drug Prices And Reduced Spending For Medicare Part D Beneficiaries Through Pharmacy Benefit Manager Reform, Mariaeva Batlle

Seton Hall Law Review

No abstract provided.

A New Form Of Greenwashing: Why The Implementation Of Carbon Capture Cannot Be Justified For The Public Good Under The Takings Clause Of The Fifth Amendment, Emma Valiante

Seton Hall Law Review

No abstract provided.