Law Commons^™

Toward A Broader Theocentric Environmentalism, Melvin L. Otey

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Altruistic Arbitrage And Climate Change Mitigation:Rethinking The Role Of Cap And Trade Policies, Fatjon Kaja, Matthew G. Nagler

Duke Environmental Law & Policy Forum

We examine the implications for efficient public goods provision by exploring the relationship of altruism to the endowment effect, focusing our analysis on the problem of climate change mitigation. We argue that the reduction in distortionary valuation (i.e., willingness-to-accept departing from willingness-to-pay) experienced by altruistic market participants implies an ability to mediate ignored trades and extract the gains from trade — an activity we call "altruistic arbitrage" — thereby improving the efficiency of markets. This activity, broadly speaking, restores the Coase Theorem in the context of WTA-WTP disparities. Moreover, it leads to previously unidentified benefits to when markets are employed …

On The Brink: Red Wolves On The Albemarle Peninsula, Jessica Hardee

Duke Environmental Law & Policy Forum

No abstract provided.

Addressing The Access To Justice Crisis: Think Systemically, Act Locally, Nikole Nelson

Alaska Law Review

No abstract provided.

Community Justice Workers: Part Of The Solution To Alaska's Legal Deserts, Joy Anderson, Sarah Carver, Dr. Robert Onders

Alaska Law Review

Legal deserts—large geographic areas where there are few or no attorneys—are found throughout the United States, including Alaska. These deserts are a major contributor to the access to justice gap. Further compounding the scarcity of legal resources in these areas, many people living in legal deserts cannot afford legal help, even when a lawyer is available. Legal aid organizations have struggled to overcome these challenges in meeting the legal needs of low-income Americans and are often forced to turn away as many people as they are able to help. Alaska Legal Services Corporation (ALSC) is responding to this challenge in …

Note From The Editor

Alaska Law Review

No abstract provided.

Justice Beyond The State, Kirsten Matoy Carlson

Alaska Law Review

For decades the intersectionality of extreme rurality and cultural difference has led scholars and tribal leaders to advocate for recognition of local authority as a solution to the justice gap in rural Alaska. Local control often means developing courts in and extending jurisdiction to Alaska Native villages. This Article evaluates strengthening tribal courts or justice systems through restorations of jurisdiction as a way to address access to justice issues in Alaska Native villages. It argues that restorations of jurisdiction and the development of tribal justice systems must ensure that Alaska Natives define the justice provided in their communities. Restorations of …

Next Steps In Online Courts: Accelerating Access Tojustice Through Court Technology, J.J. Prescott

Alaska Law Review

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Alaska's Healthcare Markets: The Free Market Is Nota "Cure", Katie Raya

Alaska Law Review

Healthcare reform in the United States requires a nuanced approach to improve quality and access while managing costs—a challenge particularly pronounced in Alaska. Despite being the highest spender on healthcare globally, the U.S. fails to deliver commensurate health outcomes, with Alaska exemplifying these systemic issues. The state faces the highest healthcare costs in the nation yet performs poorly in quality and access metrics. This situation has prompted urgent legislative scrutiny of existing policies, such as the Certificate of Need (CON) Law and the 80th Percentile Rule. This Note critically evaluates the argument that deregulating Alaska's healthcare market will lead to …

Alaska's Arm-Of-The-Tribe Jurisprudence: Ito V. Copper River Native Association And Its Contribution To A More Uniform System Of Justice In America, Jack Jeffrey, Erik Gordon

Alaska Law Review

The Alaska Supreme Court recently overhauled its approach to arm-of-the-tribe sovereign immunity in Ito v. Copper River Native Association. The Court no longer utilizes financial insularity as a dispositive inquiry; instead, the Court has adopted a five-factor test that takes into account (1) the purpose of the entity’s creation, (2) the method of the entity's creation, (3) the degree of control the tribe maintains over the entity, (4) tribal intent concerning sharing sovereign immunity, and (5) financial relationship. This decision serves as a positive development for two reasons: (1) it is a step towards the elimination of a dual-track …

Journal Staff

Alaska Law Review

No abstract provided.

Glacial Progress: Thawing The Path To A Law School In Alaska, Kathrine Coonjohn

Alaska Law Review

My contribution to this symposium is clear: to advocate for the establishment of an Alaskan law school. As the only state in the nation without one Alaska keenly suffers the repercussions of this absence. The resulting void creates shortages of legal professionals, reduces opportunities for continuing legal education, cultural and community disconnection, and contributes to brain drain. Further, it undermines the state's legal infrastructure and limits access to justice. Despite significant logistical and financial hurdles, including the high costs of establishment and sustainability concerns, the need for a local legal institution is undeniable, and this need will only grow more …

Disgusted Judges And Domestic Violence, Jessica Miles

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 55, No. 2 2024

Seton Hall Law Review

No abstract provided.

Leave The Kids Alone: The Constitutional Battleground Of Gender-Affirming Health Care Bans For Transgender Youth, Tyler Callagy

Seton Hall Law Review

No abstract provided.

Revisiting Territorial Sovereignty: Origins, Legitimacy, And Modern Implications, Henan Hu

San Diego International Law Journal

The conventional linkage between territory and sovereignty in international law requires reevaluation, with territorial rights shifting from states to nations. Drawing on Anthony Smith’s theory of historical continuity between pre-modern ethnic communities and modern nations, this article argues that legitimate claims to territory are grounded in the historical consolidation of social, economic, and political ties by ethnic groups to specific lands. It traces the evolution of territorial rights from loosely defined ethnic living areas and fluid state boundaries to the modern conception of national territories under effective control. By distinguishing sovereignty as a construct of the state and territory as …

Private Governance Comes Of Age: Vandenbergh, Light & Salzman’S Private Environmental Governance, Robert V. Percival

Vanderbilt Law Review En Banc

No abstract provided.

A “Profoundly Contractarian Predisposition”: Delaware Courts Decide Recent Drafting Disputes By Limiting Their Review To Four Corners Of Contracts, Robert S. Reder, Kathleen E. Sharkey

Vanderbilt Law Review En Banc

No abstract provided.

The Case Of The Missing Case: How Neglecting Chisom V. Roemer Leaves § 2 Of The Voting Rights Act Analytically At Sea, James F. Blumstein

William & Mary Law Review Online

This article critiques the Supreme Court's decision in Allen v. Milligan for relying solely on Thornburg v. Gingles and overlooking Chisom v. Roemer, a key precedent interpreting § 2 of the Voting Rights Act. Chisom established that vote dilution claims must be tied to unequal access to the political process, not just electoral outcomes. By ignoring this linkage, the Court risks turning § 2 into a vehicle for race-based electoral entitlements. The author argues that reaffirming Chisom is essential to preserving the statute’s process-focused intent and analytical clarity.

This abstract was written using generative artificial intelligence.

Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Litigating Climate Liability: An Example Of Democracy In Litigation, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.

Revisiting The Report Of The Special Committee For The Revision Of The Louisiana Civil Code, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Mental Illness In African American Women: A Transcendental Phenomenology On Self-Efficacy And The Treatment-Seeking Behavior Of Secondary And Post-Secondary Educators, Sasha N. Gordon

Doctoral Dissertations and Projects

This transcendental phenomenological research shows the influence of mental health treatment on the self-efficacy of African American women who are secondary or post-secondary educators in Northern Illinois. For African American women educators, taking care of their mental well-being and being aware of mental health conditions are crucial. Sharing personal stories and experiences can help reduce the stigma surrounding mental health. Promoting awareness and understanding of mental health issues are vital in our communities, and access to resources and support are necessary. Using self-identity theory can aid in comprehending motivations and behaviors, leading to greater satisfaction and fulfillment and the prioritization …

Education Within Prisons: The Good And The Bad, Tristan T. Morris

Quest

Independent Study

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

This manuscript began from a response to a discussion prompt in my Introduction to Criminal Justice course where students were asked to discuss some of the issues facing inmates upon release from incarceration. Tristan completed outside research on the relationship between education and recidivism among incarcerated individuals. More specifically, she wanted to discuss the barriers to successful reintegration and programs that have been introduced to address these concerns. Most offenders will be released from incarceration, and they will reenter our society. There is a …

The Private Cause Of Action Under Maine's Unfair Trade Practices Act, Steven A. Shaw

Maine Law Review

In 1970 the Maine Legislature passed the Unfair Trade Practices Act (UTPA) which declared unlawful any "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . . . ." UTPA-type statutes, now common to all states, offer several advantages. The statutes provide for a statutory award of attorneys' fees, create a private cause of action which is simple in comparison to analogous common law claims, and offer a flexible concept of unlawful conduct which many courts have shown a willingness to interpret broadly and sympathetically. Although Maine's UTPA was originally …

A Structural Approach To The Application Of Section One Of The Sherman Act To Oligopolistic Interdependence, Annmarie Levins

Maine Law Review

A central tenet of American economic thought is that markets in which many producers compete for business are preferable to those in which one or a few sellers dominate. The conventional wisdom underlying this preference is that competitive markets produce more of the goods consumers want at lower prices than do noncompetitive markets. Oligopolies are markets in which there are few sellers. Oligopolistic markets are characterized frequently by higher prices and lower outputs than competitive markets. Many sectors of the American economy are oligopolistic. For example, the American automobile industry is dominated by "the big three," General Motors, Ford, and …

State V. Sweatt: An Examination Of The Current Confusion In Fourth Amendment Standing, John Archer Hobson

Maine Law Review

In State v. Sweatt the Maine Law Court held that an owner of gems being sold on consignment in a third party's store has standing under the fourth amendment to contest the seizure of the gems. The movants in Sweatt were the targets of several police searches during October and November of 1980. During these searches the police seized tourmaline gemstones which were alleged to have been stolen from Dale Sweatt's former business partner, and miscellaneous personal items belonging to the Sweatts. Subsequently, the Sweatts moved for suppression and return of all these articles. The superior court granted the movants' …

Supplements To Environmental Impact Statements: Implementation Of The Standards Set By The Council On Environmental Quality, Dale Lynn Gavin

Maine Law Review

Environmental impact statements (EISs) are prepared before any major federal project is undertaken, as required by the National Environmental Policy Act (NEPA). An original EIS may become obsolete if a Project's operation later changes in any significant way, or if previously unsuspected environmental impacts are later discovered. When either of these two events occurs, compliance with NEPA demands that a supplemental EIS be prepared to focus on the changes. The decision whether a supplement is required in any particular situation is guided by standards set by the Council on Environmental Quality (CEQ). In addition, some federal agencies have promulgated their …

Dunham V. Ware Savings Bank: Economic Policy And Federal Law Justify Enforcement Of Due-On-Sale Clauses By State-Chartered Institutions, Martha E. Greene

Maine Law Review

Economic policy should replace state property doctrines as the controlling factor in determining enforceability of due-on-sale clauses. A due-on-sale clause provides mortgagees (lenders) with the means to accelerate the term of a mortgage upon transfer of the original mortgagor's (borrower's) interest in the mortgaged property. Lenders originally used due-on-sale clauses for the purpose of evaluating whether the party to whom the original borrower sought to assign the mortgage was creditworthy. As interest rates have risen, lenders increasingly have used due-on-sale clauses to terminate their commitments to lend mortgage funds at relatively low interest rates. Mortgage instruments secure a borrower's promise …