Law Commons^™

Carrots, Sticks, And The Evolution Of U.S. Climate Policy, Brian Murray, Jonas Monast

Texas A&M Law Review

The Inflation Reduction Act (IRA), enacted by Congress in 2022, is the most significant federal investment in decarbonization in U.S. history. The law makes hundreds of billions of dollars available for clean energy tax credits, grants to state and local governments, and other financial incentives for public and private investments. The IRA’s focus on incentives, or “carrots,” marks a significant departure from the emphasis on prescriptive regulations and penalties, or “sticks,” that are prominent in federal and state climate policies that predate the IRA. This Article situates the IRA within the existing climate policy framework and explores the long-term impacts …

In Defense Of 2.0°C: The Value Of Aspirational Environmental Goals, Albert C. Lin

Texas A&M Law Review

Aspirational goals, such as the Paris Agreement’s goals of avoiding a global temperature increase of 1.5°C or 2.0°C, can be found throughout environmental law. Such goals, though sometimes unrealistic, perform important functions. They may serve as asymptotic directives that guide implementing entities; yardsticks to measure and evaluate progress; expressions of social values; and expanders of policy space. As asymptotic directives, aspirational goals may push actors to achieve more than they otherwise might accomplish. Incorporated into treaties or statutes, they can serve as guideposts for implementing concrete substantive and procedural requirements. With the passage of time, aspirational goals function as yardsticks …

Artificial Intelligence: Legal Reasoning, Legal Research And Legal Writing, S. Sean Tu, Amy Cyphert, Samuel J. Perl

Minnesota Journal of Law, Science & Technology

No abstract provided.

Esther Reid V. Rebath, L.C. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE GRANTING OF SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANT BY HONORABLE CHRISTINE JOHNSON OF THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH

S. Spencer Brown (#13157) Jack D. Smart (#15737) STRONG & HANNI

SEAN NOBMANN, Utah Bar No. 14064 SEAN NOBMANN PC Attorney for Appellant

Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert

Minnesota Journal of Law, Science & Technology

No abstract provided.

Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier

Minnesota Journal of Law, Science & Technology

No abstract provided.

Corpus Enigmas And Contradictory Linguistics: Tensions Between Empirical Semantic Meaning And Judicial Interpretation, Peter Henderson, Daniel E. Ho, Andrea Vallebueno, Cassandra Handan-Nader

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi

Minnesota Journal of Law, Science & Technology

No abstract provided.

School Leaders Supporting Undocumented Asian And Black Students, Lorena Tule-Romain

Education Policy and Leadership Theses and Dissertations

There are 5.6 million K-12 students who are either undocumented or living with at least one undocumented parent (Passel & Cohn, 2018). In 2021, FWD.us estimated that approximately 620,000 K-12 students are undocumented; 34% of these students migrated from countries in Asia, sub-Saharan African, and Caribbean countries. These students have unique needs in schools, such as support for lower frequency language services, wraparound supports, and classroom curricula that should account for their cultural heritages and traditions. While scholars have conducted research on the largest group of undocumented students, Latinx, existing knowledge of the students coming from Asian and African countries …

The Dubious Validity Of The System Of Deportation Arrests, Jack M. Beermann

Faculty Scholarship

Did you ever wonder how it came to be that people suspected of immigration violations are subject to arrest without a judicially issued warrant? That executive branch immigration enforcement officers themselves have the authority to issue enforceable arrest warrants? And further, how it came to be that alleged immigration law violators can be held in prolonged detention without a probable cause hearing before a neutral magistrate of any kind?

When I first encountered this set of related issues, I quickly learned the conventional wisdom, that based on a longstanding tradition and Supreme Court approval, immigration law is an exception to …

Dispossession Is Nine-Tenths Of The Law: Understanding How Property Law Is A Tool Of Dispossession Of Fundamental Human Rights, Kathryn Schulte

Immigration and Human Rights Law Review

The United States government’s systemic dispossession of Native peoples’ land and resources violates international law under the United Nations Declaration of Rights of Indigenous Peoples’ (UNDRIP). It is not a coincidence that the U.S. government has failed to adopt UNDRIP as binding domestic legislation, but a means to maintain the racist status quo upon which the country’s property laws were created. It is imperative that the United States legally recognizes the rights of Native People in order to provide justice for the millions wronged by the violence of settler colonialism. This article will begin with an introduction to the history …

Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab

Immigration and Human Rights Law Review

Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …

Advancing Human Rights Education In The United States: A Call For Action In The Public Education System, Shannon M. Conroy

Immigration and Human Rights Law Review

Human rights education is education about, through, and for human rights. In 2004, the United Nations General Assembly implemented the World Programme for Human Rights Education. The World Programme provides global coordination for human rights education and promotes a common understanding of human rights education. Over the last twenty years, the United States failed to implement either federal or state human rights education programs. This article examines the academic and international discussion about human rights education for students in the United States, and argues for the need for stronger human rights education in public primary, secondary, and higher education institutions …

Decriminalization Of Sex Work In The United States: Protecting The Right To Bodily Autonomy And Health, Taiylor Ryan

Immigration and Human Rights Law Review

Despite the legalization and reluctant acceptance of pornography and sites like OnlyFans, the United States continues to criminalize sex work. While the work that sex workers perform is similar to that of pornography or OnlyFans, sex workers are not afforded the same protections under the law. As a result of criminalization, sex workers are forced to work in unsafe conditions. Fear of facing criminal charges keeps sex workers from turning to the police when they need help or need to report a crime. Criminalization also adds to the stigma surrounding sex work, creating barriers that prevent sex workers from receiving …

Gender Pay Gap: Human Rights Violations Against Mexican Women Under The Cedaw And Udhr, Valerie M. Garcia

Immigration and Human Rights Law Review

The gender pay gap is an ongoing reality for women in Mexico, where domestic human rights commissions have reported it to be 76.5% as of 2023. As one of the Latin American countries with the highest gender pay gap, this paper analyzes the extent of government efforts to narrow the gap throughout different presidential administrations. Contemporaneously, the role of cultural machismo in Mexican society was examined to determine its impact on legal drafting and application for the benefit of women. The findings showed that cultural machismo and a passive government have impeded the closing of the gender pay gap and …

Congress Could Soon Spell The End Of Employment Arbitration—But It’S Not All Good News For American Workers., Lewis L. Maltby, Theodore J. St. Antoine

Other Publications

Employment arbitration has become a dirty word on Capitol Hill. Congressman Hank Johnson claims that arbitration allows employers to "stack the deck against the little guy" for the 60 million employees bound by arbitration agreements. The Economic Policy Institute calls it an epidemic that is "undermining decades of progress in labor rights."

The Vagueness Of The Independent State Legislature Doctrine, Jason Marisam

Washington and Lee Law Review Online

The Independent State Legislature (ISL) Theory has been one of the hottest topics in election law, with conservative thinkers championing a strong version of the theory. In Moore v. Harper, the Supreme Court had the opportunity to turn this controversial theory into actual doctrine. The Court, though, declined to adopt a maximalist version of the theory and declined to reject it outright. Instead, it offered a vague standard that gives close to zero guidance as to where, between these two poles, the doctrine sits. Several scholars and commentators have responded to the opinion with a mix of relief, because the …

High Stakes: Analyzing The Legal And Law Enforcement Challenges Of Mississippi's Medical Marijuana Industry, Brighton Bensley

Honors Theses

Despite opposition from law enforcement and government officials, Mississippi citizens overwhelmingly voted in favor of establishing a medical marijuana program in 2020. The passing of Senate Bill 2095 (or the Mississippi Medical Cannabis Act) marks a significant shift in the state’s drug policy and is a rare example of my home state at the forefront of an emerging industry. My thesis examines the effects of the Mississippi Medical Cannabis Act by providing an overview of the challenges it creates for the state’s law enforcement agencies and legal community. By analyzing local news stories, public statements from officials, and studies from …

Beyond Bars And Bias: Unveiling Misogynoir And The Prison-Industrial Complex In Contemporary Black Women’S Literature, Abigail Myers, Abigail Myers

Honors Theses

This interdisciplinary thesis examines misogynoir through the lens of contemporary Black women’s literature and the prison-industrial complex, specifically centering on the literary work of Fannie Lou Hamer and Assata Shakur, both formerly incarcerated Black women. Misogynoir, a term coined by Black feminist scholar Moya Bailey, encapsulates the intersection of anti-Black racism and misogyny experienced by Black women, Black girls, and gender nonconforming people. This thesis unites the fields of literary studies, gender studies, critical prison studies, and African American studies to reveal Black women as affected by both misogyny and anti-Black racism in the contemporary prison-industrial complex and beyond. Drawing …

The Water Crises In Flint, Michigan And Jackson, Mississippi: A Comparative Analysis Of The Public Water System Failures, Grace Doody

Honors Theses

This undergraduate thesis aims to determine the societal, economic, and policy contributions of public water sector failures by comparatively analyzing the water crisis of Flint, Michigan and Jackson Mississippi. By examining the backgrounds of Flint and Jackson it is clear poverty, governmental neglect, and a lack of accountability influence the likelihood of a public water crisis. This thesis specifically compares Flint and Jackson’s demographics, the media’s response to each crisis, and the use of third-party administrators in the two water crises. The practical applications of these findings are for government agencies across all levels to actively work together to ensure …

Do Factors Contributing To Wrongful Conviction Differ By Crime Type?, Kaylee Baldwin

Honors College Theses

Wrongful convictions play a big role in the criminal justice system, resulting in individuals being punished for crimes they did not commit. This study investigates the factors contributing to wrongful convictions across different crime types, utilizing data from the National Registry of Exonerations. The research aims to identify common contributors to wrongful convictions and explores variations by crime type. Results highlight the challenges associated with specific offenses. Understanding how factors vary by crime type is essential for developing strategies to prevent and address wrongful convictions.

The Legality Of Liberation: Exploring The Right To Organized Armed Resistance Against The U.S. State By Afro-Descendants Under International Human Rights Law, Laura Molik

Northwestern Law Journal des Refusés

No abstract provided.

Resurrection, Bassim Al Shaker

Northwestern Law Journal des Refusés

No abstract provided.

Self-Evident: Why The Declaration Of Independence Is America’S True Constitution, Chelsea H. Blake

Northwestern Law Journal des Refusés

No abstract provided.

A Legal Scholarship Jubilee, Brian L. Frye

Northwestern Law Journal des Refusés

No abstract provided.