Public Interest Commons^™

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 3, Issue 1 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard

Dalhousie Journal of Legal Studies

Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

Table Of Contents

American Indian Law Journal

No abstract provided.

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. Lomonte

Washington Law Review

Every year, investigative reporters uncover stories of waste, fraud, and corruption, alerting the government to taxpayer ripoffs that had previously gone undiscovered or ignored. For decades, non-journalists have been reaping windfall rewards—sometimes in the millions—by using false-claims statutes to bring whistleblower actions on the government’s behalf. With news organizations struggling for their economic survival, and efforts to secure alternative financial support through government bailouts faltering, is it time for journalists to seek a share of the money they recoup for taxpayers by becoming plaintiffs?

This Article explores the possibilities, and downside risks, of using the federal False Claims Act, and …

Institutional Timidity: Reading Len Rubinowitz Toward A Structural Theory Of Civil Rights Enforcement, Sheldon Bernard Lyke

Northwestern Journal of Law & Social Policy

This Article first documents institutional timidity in fair housing enforcement through Rubinowitz’s empirical account of HUD and then extends the analysis to higher education admissions. It shows that universities defending affirmative action uniformly adopted the diversity rationale while declining to argue that race-conscious admissions correct for bias embedded in their own criteria. These choices did not merely weaken outcomes; they also helped produce the doctrinal frameworks that later constrained them. In identifying institutional timidity as a mechanism of doctrinal production, this Article extends Rubinowitz’s insights across domains and into constitutional law. It concludes by proposing strategies that shift civil rights …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

The International And Comparative Aspects Of United States V. Skrmetti: The Detrimental Rise Of Anti-Trans Sentiment In The United States, Julia Parrey

Immigration and Human Rights Law Review

In recent years, anti-trans sentiment has significantly increased in the United States. This Article examines the legal advocacy by the LGBTQ+ community that laid key legal groundwork for basic protections through landmark US Supreme Court decisions like Lawrence v. Texas and Obergefell v. Hodges and analyzes how recent judicial and legislative actions signal a dangerous reversal of that progress.

The central analysis focuses on the consequences of United States v. Skrmetti, where the Supreme Court upheld Tennessee’s ban on gender-affirming care for minors by applying rational-basis review, concluding that the law classified based on age or medical diagnosis, rather …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Interrogation Of Regents And Administrative Reliance Interests In The Context Of Vacillating Immigration Policy, Sarah Engelberg-Nolan

Fordham Law Review

Arbitrary and capricious review under the Administrative Procedure Act (APA) operates as an important agency-accountability tool when invoked as intended. But the recent U.S. Supreme Court case Department of Homeland Security v. Regents of the University of California and subsequent lower federal court cases have opened the floodgates to a more searching and potentially activist review. In Regents, the Court held that the administration of President Donald J. Trump could not rescind the discretionary immigration program Deferred Action for Childhood Arrivals (DACA) in the manner the U.S. Department of Homeland Security (DHS) attempted, in part because DHS failed to …

Lost And Found, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.

Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr

Nebraska Journal on Advancing Justice

No abstract provided.

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

The Call To Action, And My Reluctant Answer, Audrey R. Svane

Nebraska Journal on Advancing Justice

No abstract provided.

Legacy: Introduction To Issue 2, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 2, Issue 2 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang

Life of the Law School (1993- )

No abstract provided.