Law Commons^™

Justice Delayed: New Jersey’S Battle With Environmental Justice And A Call For The Feds To Follow Suit, Peter Kizima Iv

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Section 112(A) Strife At The Federal Circuit: A Call For Congressional Amendment To Save The Genus Claim And Preserve Patent Protection In The Biological Arts, James R. Vancamp Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Displaced Promises: The History Of Colorado’S Auraria Campus And The Shortcomings Of Its Remedial Measures, Taylor Perez

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 48, No. 2 2024

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Using Adr To Help Resolve Nyc’S Eviction Crisis Since The Termination Of The Tenant Safe Harbor Act, Jacob Siri

Cardozo Journal of Conflict Resolution (CJCR) Blog

In a post-pandemic world, describing New York City Housing Court as “time-consuming” would be a drastic understatement. New York City faces a staggering backlog of at least 70,000 eviction cases, causing some to linger for more than four years. The backlog is due to a shortage of judges, pandemic-instituted moratoria, an influx of new cases, and a myriad of other reasons. New York City’s Tenant Safe Harbor Act was introduced at the start of the pandemic on March 7th, 2020, but has since been terminated on January 15th, 2022. The act protected tenants who could not pay rent due to …

Just A Joke? Employers’ Use Of Social Media As An Unfair Labor Practice Under The National Labor Relations Act, Joanna Sowa

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Addressing The Needs Of Traumatized Youth: The Hard Reality Of Teaching In The “Big Easy”, Justin P. Perez

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Constitutional Standing For Ada Testers Of Online Spaces, Cecily Kemp

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Algorithmic Harm And Design Defects: The Problem With Applying Design Defect Liability Standards To Machine Learning Products, Vincent E. Molinari

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Lassoing Transformativeness: Taking Court-Approved Chaos And Grounding It In Congressional Order, Daniel T. Dodaro

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

All In: Federal And State Governments Should Clarify Online Poker Regulation, Austin Melville

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Agencies “Shall Cooperate”: A Blueprint For Affirmatively Furthering Fair Housing, Heather R. Abraham

Journal Articles

Every federal agency perpetuates housing segregation. As if on autopilot, agencies routinely reinforce segregation unless they take intentional steps to counteract it. Building on my prior work on the Fair Housing Act’s statutory duty to “affirmatively further fair housing” (“AFFH”), this Article examines an agency’s obligation to reduce housing segregation in how it regulates, spends, and administers its programs. Addressing a gap in existing fair housing scholarship, this Article considers the overlooked statutory command that all federal agencies “shall cooperate” with the U.S. Department of Housing and Urban Development (“HUD”) to reduce housing segregation. In light of HUD’s newly proposed …

Table Of Contents And Masthead, Sophie Nelson

Pepperdine Law Review

No abstract provided.

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.

Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen

Public Land & Resources Law Review

No abstract provided.

Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker

Pepperdine Law Review

Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering …

The Word Is "Humility": Why The Supreme Court Needed To Adopt A Code Of Judicial Ethics, Laurie L. Levenson

Pepperdine Law Review

The Supreme Court is one of our most precious institutions. However, for the last few years, American confidence in the Court has dropped to a new low. Less than 40% of Americans have confidence in the Court and its decisions. Recent revelations regarding luxury trips, gifts, and exclusive access for certain individuals to the Justices have raised questions about whether the Justices understand their basic ethical duties and can act in a fair and impartial manner. As commentators have noted, the Supreme Court stood as the only court in America that was not governed by an ethical code. The question …

Partisanship "All The Way Down" On The U.S. Supreme Court, Lee Epstein

Pepperdine Law Review

Just as the American public is politically polarized, so too is the U.S. Supreme Court. More than ever before, a clear alignment exists between the Justices’ partisanship and their ideological leanings (known as “partisan sorting”). Disapproval of opposing-party identifiers also appears to have intensified (“partisan antipathy”). This Article offers evidence of both forms of polarization. It shows that partisan sorting has resulted in wide gaps in voting between Republican and Democratic appointees; and it supplies data on “us-against-them” judging in the form of increasing antipathy toward opposite-partisan presidents. Taken collectively, the data point not to law “all the way down,” …

The Supreme Court, Article Iii, And Jurisdiction Stuffing, James E. Pfander

Pepperdine Law Review

Reflecting on the state of the federal judiciary in the aftermath of the Biden Commission report and subsequent controversies, this Article identifies problems with the current operation of both the Supreme Court and the lower courts that make up the Article III judicial pyramid. Many federal issues have been assigned to non-Article III tribunals, courts poorly structured to offer the independent legal assessment that such Founders as James Wilson prized as they structured the federal judiciary. Meanwhile, the Supreme Court devotes growing attention to a slice of highly salient public law questions, including those presented on the shadow docket, thereby …

Elj 2024 Front Matter

BYU Education & Law Journal

No abstract provided.

Let's Get Critical: The Rights And Obligations Of School District Stakeholders Under State Laws Limiting Or Banning Discussion Of Critical Race Theory In K-12 Classrooms, John E. Rumel

BYU Education & Law Journal

Critical Race Theory has moved from the halls of academia to the center of a national debate about the role of teachers in instructing students about race, race relations and the United States’ troubled history concerning those subjects. Addressing growing concerns over Critical Race Theory from the political right, state legislatures have responded quickly by enacting a host of Anti-Critical Race Theory (anti-CRT) bills that seek to expel Critical Race Theory from the classroom.

Vol. 40, Jenny Lee

The Illinois Public Employee Relations Report

Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action

By Jenny Lee

Welcome To The Circus: An Analysis Of Kennedy V. Bremerton, Ryan Spencer

BYU Education & Law Journal

Since the inception of the public education system, schools have played numerous roles in student’s lives. Public schools and their employees have acted as educators, babysitters, role models, safe havens, disciplinary settings, and have filled the role of parents for most of each day; so much so, that the legal doctrine of in loco parentis (“in the place of the parents”) has been applied to public schools during school hours. Balancing the numerous roles schools play for the students becomes more difficult when the school must also consider the students’ legal rights as well as those of employees and parents. …

W&L Law Library Newsletter, Vol. 3, Iss. 2 (Apr. 2024), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 3, Issue 2 (April 2024).

Student Athlete Or Student Employee? Considering The Future Implications Of Recent College-Athletics Decisions Regarding Employee Classification, Nathan Schmutz, Joseph Hanks

BYU Education & Law Journal

Nature often provides warning signs of oncoming danger. For example, a generally recognized phenomenon associated with a tidal wave caused by an oceanic earthquake is the major withdrawal of water resembling an extreme low tide. Universities take note, a similar phenomenon might be occurring in relation to college sports. Recent decisions might be signaling a receding of waters before a surge of litigation that results in college athletes being considered employees of the university. This paper considers recent court and administrative decisions that might be indicative of this major shift and discusses possible implications of such a change.