Law Commons^™

Legal Conservatism And The Rise And Fall Of Chevron, Ryan Bangert

Liberty University Law Review

Loper Bright Enterprises v. Raimondo marks a watershed moment in administrative law and conservative legal thought by formally overruling Chevron U.S.A. Inc. v. Natural Resources Defense Council and restoring judicial responsibility for resolving questions of statutory interpretation. This Article situates Loper Bright within the longer intellectual history of the modern conservative legal movement, arguing that Chevron deference emerged and was popularized, at least in part, as a conservative response to the perceived excesses of judicial activism during the Warren and Burger Court eras. While Chevron was initially embraced as a doctrine of judicial restraint that respected democratic accountability, it ultimately …

Loper Bright: Big Deal Or Same As The Old Boss?, John J. Vecchione, Kara M. Rollins

Liberty University Law Review

On June 28, 2024, forty years of judicial deference to an agency’s interpretation of silent or ambiguous statutes fell. The dethronement of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.,¹ “a decaying husk with bold pretensions,” by Loper Bright Enterprises v. Raimondo² was heralded by the proclamation that “Chevron is overruled,” and its accompanying command that “[c]ourts must exercise their independent judgement in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires.”³ The ruling was expected to upend the practice of administrative law. But more than a …

Foreword: Raising Our Voices, Together, Lauren Sudeall

Vanderbilt Social Justice Reporter

No abstract provided.

Let’S Break Chains: Ending Solitary Confinement In Prisons, Charlotte Kim

Vanderbilt Social Justice Reporter

No abstract provided.

Band-Aid Over A Bullet Hole: The Lack Of Mental Health Care In Women’S Prisons And The Culture That Perpetuates It., Deborah, Julie, Karli Tellis, Misty, Olivia Hatch, Sara Manian

Vanderbilt Social Justice Reporter

No abstract provided.

Furtherance Or Failure Of Justice: Felony Murder Framework In Tennessee, Anokhi Patel, Erika, Joelyn Onyekachi, Meleah, Oluwafunmilayo Oguns, Vernice, Erin Melton

Vanderbilt Social Justice Reporter

No abstract provided.

Information Access And Correspondence Education For Incarcerated People, Evan J. Pasco

Library Research Scholars Program Spring 2026

Having quality access to education is an important factor in improving outcomes for incarcerated individuals, which includes higher employment rates and reduced recidivism. Unfortunately, incarcerated learners face many barriers when attempting to participate in these educational programs, such as high cost, censorship, and institutional restrictions. Despite the importance of continuing education, limited centralized information remains available on it or the obstacles that affect participation.

This project focuses on the broader information landscape for incarcerated learners, particularly examining correspondence education programs in the United States. This research includes an analysis of common barriers in accessing education, a review of scholarly literature …

Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), in collaboration with the University of Toronto's International Human Rights Program, filed requests with U.S. and Canadian securities regulators seeking investigations into alleged misrepresentations related to Brazil Potash's proposed mining project in the Brazilian Amazon. The initiative highlights concerns regarding Indigenous rights, environmental impacts, and investor disclosure.

The Carceral State, The Criminalization Of Black Thought And Behavior, And Its Effects On The Black Community And Black Art, Sydney Stewart

Vanderbilt Social Justice Reporter

No abstract provided.

Rehabilitation In Name Only: Structural And Procedural Failures In Tennessee’S Parole System, Laney Quickel, Ashia Davis, Kresha Patel, Michelle, Camillia, Sherra

Vanderbilt Social Justice Reporter

No abstract provided.

The Need For A Sentencing “Second Look” Statute In Tennessee, Alisha, Bershia, Lindsey, Rhyma Asim, Cassandra Berice, Kyle Smith

Vanderbilt Social Justice Reporter

No abstract provided.

Estimator And Reflector Variables In Eyewitness Recall, Sakshi Mundra

Student Theses

Eyewitnesses are frequently asked to describe culprits following a crime, but how accurate and complete are such descriptions? This study examined eyewitness description completeness and accuracy by investigating estimator variables (Race and Gender), reflector variables (Confidence and Response Time), and elicitation methods (Free Recall and Prompted Recall). Participants viewed one mock-crime video featuring a culprit who varied in race (White or Black) and gender (Female or Male), then provided free recall descriptions followed by prompted descriptions of facial features. Prompted recall improved completeness beyond free recall, though with a minor reduction in accuracy. Descriptions were more complete for same-race and …

Substantive Biases? Analyzing Ideological Bias In Substantive Due Process Claims On The Roberts Court, Nicholas J. Ginsberg

Undergraduate Honors Theses

This thesis examines whether judicial ideology has a stronger influence on Supreme Court decision making in substantive due process claims when compared to other areas of law through the Roberts Court. Previous scholarship has noted that ideology is a factor in judicial decision making, however, there is little scholarship on if specific areas of law makes ideology play a larger factor in decision making. Utilizing justice-level voting records from the Roberts Court and Segal-Cover scores to measure judicial ideology, a logistic regression model is utilized to analyze the relationship between ideology and voting behavior in substantive due process cases and …

Analisis Terhadap Pembatalan Sertifikat Hak Guna Usaha Dalam Putusan Peradilan Tata Usaha Negara Dan Peradilan Umum', Farina Farina

Jurnal Hukum & Pembangunan

Abstract

Pemisahan Tanggungjawab Direksi Perseroan Terbatas, Freddy Harris

Jurnal Hukum & Pembangunan

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Kedudukan Hukum Ekonomi Dalam Struktur Ilmu Hukum, D. Sidik Suraputra

Jurnal Hukum & Pembangunan

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Jual Beli Dan Aspek Peralihan Hak Milik Suatu Benda (Dalam Konstruksi Gadai Saham), Wahyono Darmabrata, Ari Wahyudi Hertanto

Jurnal Hukum & Pembangunan

Abstract

Pembeli Beritikad Baik Dalam Konteks Jual Beli Menurut Ketentuan Hukum Indonesia, Arie S. Hutagalung, Suparjo Sujadi

Jurnal Hukum & Pembangunan

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Reformasi Pendidikan Hukum Di Indonesia, Hikmahanto Juwana

Jurnal Hukum & Pembangunan

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Strength In Collaboration: A Unified Dd Network Approach To A Statewide Needs Assessment, Emily R. Lanchak, Julie Lounds Taylor, Bruce L. Keisling

Developmental Disabilities Network Journal

To strengthen collaboration, improve efficiency, and reduce respondent burden, the Tennessee Developmental Disabilities (DD) Network launched a first-of-its-kind integrated statewide needs assessment. This two-year, mixed-methods effort gathered input from nearly 1,500 individuals with disabilities, family members, and professionals through an accessible survey and follow-up focus groups. Tennessee DD Network partners co-developed measures, coordinated outreach efforts, and pooled resources to ensure broad representation and inclusive participation across communities statewide. Community members with lived experience were involved throughout the process, helping to ensure materials were usable, relevant, and respectful of diverse needs. The resulting shared dataset provides a foundation for each organization’s …

Perubahan Paradigma Pengelolaan Keuangan Daerah Berdasarkan Uu No. 32 Tahun 2004 Tentang Pemerlntahan Daerah, Harsanto Nursadi

Jurnal Hukum & Pembangunan

Abstract

Analisis Dan Prediksi Permasalahan Pertanahan Di Masa Mendatang, Suparjo Sujadi

Jurnal Hukum & Pembangunan

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Masalah Pengelolaan Sumber Daya Perikanan (Sdi) Di Teluk Tomini-Sulawesi Pasca Berlakunya Undang-Undang Nomor 22 Tahun 1999, Bono Budi Priambodo

Jurnal Hukum & Pembangunan

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Dinamika Pengaturan Rumah Susun Atau Apartemen, Arie S. Hutagaiung

Jurnal Hukum & Pembangunan

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Krisis Multi Dimensi Dan Sengketa Tanah Di Indonesia, Arsin Lukman

Jurnal Hukum & Pembangunan

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Kemitraan Pt Bat Indonesia (Pt Bati) Dengan Petani Tembakau Di Lombok Tengah, Lombok Timur Dan Singaraja, Bali (Tinjauan Sosiologi Hukum), Minar Sidjabat

Jurnal Hukum & Pembangunan

Abstract

The Smarter Sentencing Act Of 2026: A Major Step Toward Federal Sentencing Reform, Riley Amdor

Criminal Law Society Blog

This article examines The Smarter Sentencing Act of 2026, a bill that proposes to reduce minimum sentence requirements for certain drug offenses—particularly those that are nonviolent. Research has shown that prolonged prison sentences often do not lead to its intended effects and even tend to cause increased recidivism and criminogenic effects. Additionally, by reducing minimum sentencing requirements for these nonviolent drug offenses, judges are given more discretion when sentencing drug offenders, which allows for the branches of government to be more balanced and promotes leniency where judges believe it is warranted. Further, the reduction of minimum sentences for these nonviolent …

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

What’S The Difference Without Deference: How The Eleventh Circuit Stopped Deferring To The Sentencing Commission And Shaped A New Landscape Of Federal Sentencing, Katherine Howard, Conrad Kahn

University of Miami Law Review

The Sentencing Guidelines shape nearly every federal sentence. Judges must calculate and consider the Guidelines’ recommended range before deciding how long someone goes to prison. For decades, though, courts treated the Sentencing Commission’s commentary about the Guidelines as controlling—even when the guideline’s text was clear and unambiguous.

That changed with United States v. Dupree. Sitting en banc, the Eleventh Circuit held that the Supreme Court’s decision in Kisor v. Wilkie—which limits when courts may defer to an agency’s interpretation of its own rules—applies to the Sentencing Guidelines. After Dupree, courts may not defer to the commentary unless, …

First Amendment Forum Classification: Special Use Permits, Limited Public Forums, And The “Heckler’S Veto”, Elizabeth Price Foley

University of Miami Law Review

Pride Month is an important event in many communities because it celebrates and enhances the visibility of the LGBTQ+ community. Pridefest events occurring during Pride Month are well-attended but often mired by threats of violence. Such threats are often targeted at Pridefest drag shows, which exhibit gender-bending performances by drag queens and drag kings of one biological sex, who wear extravagant costumes that exaggerate gender stereotypes of the opposite biological sex. In Naples Pride, Inc. v. City of Naples, the Eleventh Circuit addressed whether a government may impose conditions on such drag shows when threats have been levied against …