Law Commons^™

Not Quite Fit To Fly: A Reflection On Due Process And Agency Rulemaking In The Faa’S Approach To Pilot Certification, Emily Ryter

Journal of Air Law and Commerce

Judicial and legislative involvement in agency rulemaking is a relevant and particularly salient topic. The authority of an agency to make sound policy with flexibility and discretion often comes into conflict with the judiciary’s duty to prevent arbitrary regulations, which lack solid evidence or convincing rationale. Considering that more than three million passengers fly every day, it is no surprise that establishing a robust certification process for pilots is among the Federal Aviation Administration’s top priorities. The courts and the Legislature have also recently made notable strides to exert more control over the standards for medical certification. In July, the …

Decluttering The Orbital Commons: A Proposal For The Regulation Of Privately Created Space Debris, Rose W. Cobey

Journal of Air Law and Commerce

Space is one of the only resources shared by every person in every country at all times. The problem of space debris is therefore one that affects everyone living on our planet. Scientists and politicians have warned about crowding, collisions, and murky liability for decades, and each of these issues will only worsen without intervention. Space debris has caused damage on Earth since the Space Race, and it now endangers people and property in orbit. We are at an ever-increasing risk of building a wall around our planet and locking ourselves inside. In the last ten years, a new wrinkle …

Void In Space: How Loper Bright And The Major Questions Doctrine Affect The Federal Communications Commission’S Regulatory Authority Of Orbital Debris, Hernan Valles

Journal of Air Law and Commerce

Since the dawn of the space race, countries have been reaching for the stars. Recently, companies have joined the race. The space race and technological advancement of near-Earth orbital satellites have caused a buildup of debris in near-Earth orbit. The exponential increase of orbital debris in Earth’s orbit threatens the environmental system of the planet, the safety of astronauts aboard the International Space Station, the structure of other spacecraft, and modern economies relying on operational satellites to provide rapid communication, navigation, and weather forecasting information.

Yet there is a void among U.S. regulators in setting rules that mitigate orbital debris …

Outer Space Employment Tax And Grounded Enforceability: A Node-Based Approach Under International Space Law, Binbin Guo

Journal of Air Law and Commerce

As commercial space activities move from state-led exploration to market operations, outer space is changing from a mission space into a workspace. As a result, the traditional connecting point for employment taxes, centered on the workplace, begins to lose force. This Article develops the concept of outer space employment taxation and argues that its key issue is not taxation in orbit, but enforceability. International space law does not directly provide the tax base, tax rates, or specific withholding rules. But through state responsibility, authorization and continuing supervision, and registration coupled with jurisdiction and control, it already provides institutional interfaces through …

Are Trains In Space Legal? Examining Problems With A Multilateral Space Resource Management Regime And Public-Private Partnerships, Maitland Rames

Journal of Air Law and Commerce

As governments plan to expand into outer space and private parties continue to participate in space operations, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) has the potential to inhibit any ambitions for all but the most basic exploratory missions. That is because Article II of the Outer Space Treaty forbids national appropriation in space, which calls into question the legality of any infrastructure and land use in space. This uncertainty has far-reaching implications for the future economy of space. Fortunately, …

Banking Vs. Tech: The Fight For The Future Of Money, Gopika Shah

Case Western Reserve Law Review

No abstract provided.

Access Over Impact: Reorienting Oira’S Meetings With The Public, Griffin S. Kenny

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 76 Issue 4 (2026)

Case Western Reserve Law Review

No abstract provided.

A Tale Of Two Emails: The Political Economy Of Higher Education Under Executive Assault, Christopher D. Thomas

Case Western Reserve Law Review

No abstract provided.

Volume 76 Issue 4 (2026), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Symposium - Federal Research, Academic Speech: The Legal Limits Of Executive Authority In Higher Education, Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Keynote Address – Dei Executive Orders, Dear Colleague Letters, And The Constitution, Bryan Adamson

Case Western Reserve Law Review

No abstract provided.

Introduction – Academic Freedom And Vulnerability, Elizabeth L. Rosenblatt

Case Western Reserve Law Review

No abstract provided.

Essay – Rethinking The Fund Termination Sanction, Samuel R. Bagenstos

Case Western Reserve Law Review

No abstract provided.

Rights In Theory, Detention In Practice: The Constitutional Paradox Of Guantánamo Bay, Fatimah A. Elghazawi

Case Western Reserve Law Review

No abstract provided.

Essay – When Disability Is Different: Reasonable Accommodations And Higher Education Dei, Katherine A. Macfarlane

Case Western Reserve Law Review

No abstract provided.

Academic Freedom’S Demise, Ruth Colker

Case Western Reserve Law Review

No abstract provided.

Discrimination Through The Direct Threat Defense: A Case Study Of Healthcare Providers With Hiv, Melinda R. Week

Case Western Reserve Law Review

No abstract provided.

Banned, Burned, And Bound: Increasing Protections Surrounding Students’ Right To Receive Information In K-12 Schools, Catherine A. Mcclure

Case Western Reserve Law Review

No abstract provided.

Legalizing Magic Mushrooms: A Different Set Of Laws For A Different Kind Of Drug, Edward S. Adams

Case Western Reserve Law Review

No abstract provided.

Examining Reproductive Equity In The Post-Roe United States, Yali Pang, Anna Grace Causey, Nakeina E. Douglas-Glenn, Research Institute For Social Equity Rise

Research Institute for Social Equity

Four years after the U.S. Supreme Court overturned Roe v. Wade, state-level variation in reproductive rights policy is associated with substantial geographic inequities in access to abortion and reproductive health care across the United States. The adoption of restrictive or protective reproductive rights policies is closely tied to legislative control, underscoring the political drivers of reproductive inequity. The evidence suggests that advancing reproductive equity will require coordinated national, state, and local response to strengthen healthcare infrastructure, reduce economic barriers, and establish durable legislative protections for reproductive rights.

Table Of Contents, Cardozo Journal Of Equal Rights & Social Justice, Vol. 32, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

How To Stop Mass Shootings Without Violating The Second Amendment: Designing Regulations To Prevent Acts Of Mass Violence That Pass The 6:3 History And Tradition Test, Robert D'Alessandro

Cardozo Journal of Equal Rights & Social Justice

The article proposes that states can constitutionally implement ammunition possession limits to reduce mass violence by aligning such laws with the "history and tradition" test established by the current Supreme Court. It argues that modern caps on ammunition are analogous to early American gunpowder restrictions, which were enacted for public safety to prevent catastrophic explosions in populated areas.

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Breaking The Perpetual Social Injustice Cycle By Implementing Race-Neutral Alternatives As A Means To Create Equitable Admissions Practices In Higher Education, Jazmin B. C. Jardim-Phipps

Cardozo Journal of Equal Rights & Social Justice

The article argues that higher education institutions can still achieve the compelling state interest of diversity while complying with the Students for Fair Admissions (SFFA) rulings by replacing race-based admissions with narrowly tailored, race-neutral alternatives. It proposes a model that redefines merit and prioritizes socioeconomic and first-generation status while eliminating legacy preferences to break cycles of systemic social injustice.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Plutocratic Public Safety, Erin R. Collins

Law Faculty Publications

Recent political events have laid bare the ways that the United States functions like a plutocracy, in which the ultra-wealthy exert influence over core governance functions. The criminal system is not immune from this influence. Big Capital shapes the operation of the criminal system in highly visible ways through its investments in policing technology, electronic monitoring systems, and correctional and detention systems. This Article shows how the economic elite shape the operation of the criminal system in a less obvious way: through philanthropic giving. Big Philanthropy provides another—albeit seemingly benevolent—avenue through which the ultra-wealthy can advance a vision of public …

Copyright Eligibility For Ai Works Under United States Law, Roger V. Skalbeck

Law Faculty Publications

This article examines copyright eligibility for works that incorporate generative AI elements under United States law, explaining that such works may be protected only to the extent they contain human-authored expression.  This expression can appear as creative selection, arrangement, editing, or other expressive contributions, while unedited or autonomously generated AI output is not copyrightable. The article highlights how the U.S. Copyright Office’s registration and review system, through disclosure requirements, refusals, and public registration records, creates meaningful evidence about boundaries of copyright protection for AI-assisted works. The article contrasts this U.S. registration framework with other legal systems, including European jurisdictions such …

The Oxymoron At The Heart Of Delaware's Making Elon Happy Legislation, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

Fearing that parties controlling corporations might incorporate elsewhere, Delaware has hurriedly enacted controversial legislation (SB-21) to reduce judicial scrutiny of dealings whereby such parties might further enrich themselves at the expense of public stockholders.

This article examines a basic problem with SB-21 that has been ignored in all the Sturm and Drang surrounding its enactment. Simply put, two key parts of the statute’s provisions addressing dealings by parties who control corporations are fundamentally at war with each other. These are the statute’s definition of controlling stockholder which focuses on the voting power to elect the directors and the statute’s provision …