Public Interest Commons^™

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

P*Law 2025: Immigration For Lgbtq+ Individuals: Laws, Barriers, And Insights, Center For Public Service Law, Victoria Nielson, Lermán Montoya, Fernanda Gianesella, Noemi Masliah, Gleozyl Saavedra, Natalia Palacino Camargo

2024–2025 Flyers

A P*LAW 2025 event focused on the legal challenges and barriers faced by LGBTQ+ individuals in the immigration system. The panel featured legal experts and advocates discussing policy insights, representation, and protections for LGBTQ+ immigrants.

The Healing Power Of Antitrust, Theodosia Stavroulaki

Northwestern University Law Review

Millions of Americans live in hospital deserts—communities where people lack geographic access to hospitals and primary care physicians. People living in these deserts often miss doctor appointments, delay necessary care, and stop adhering to their treatment. In this way, hospital deserts exacerbate the health disparities plaguing America. This Article demonstrates that hospital deserts are not inevitable but the result of several business strategies—including noncompete agreements and merging with competitors—and antitrust enforcers’ unwillingness to recognize these harmful practices as antitrust violations. To cure the issue of hospital deserts, this Article makes three proposals. First, antitrust enforcers and the courts should expand …

Taking Back Control: Using The Takings Clause To Hold Animal Agriculture Responsible For Its Waste Problem, Rowan Aragon

Northwestern University Law Review

Between the mid-twentieth century and modern day, the animal-agriculture model has shifted from small farms to industrial operations. During that evolution, the negative externalities of animal-farming practices have intensified. One of those externalities—animal waste—has become particularly problematic. Because of the sheer number of animals raised in the United States for slaughter and dairy production, the magnitude of animal waste produced is overwhelming. To deal with this problem, animal farmers often liquefy the animal waste and then spray it onto open fields. In that spraying process, liquefied animal waste carries through the air and reaches nearby homes, coating those properties with …

Poverty, Fresh Starts, And The Social Safety Net, Michelle Lyon Drumbl

Scholarly Articles

For decades low-income families have relied on the filing of individual income tax returns to claim critical social welfare benefits in the form of refundable tax credits, most notably the Earned Income Tax Credit and the Child Tax Credit. But what happens to those families when the social safety net is not enough to meet their financial obligations, and they must seek a fresh start by filing for bankruptcy?

This Article, at the intersection of tax law, bankruptcy law, and the social safety net, examines the ways in which state bankruptcy laws treat refundable tax credits when an individual debtor …

Should Decisions Of Independent Accountability Mechanisms Be Binding?, Lalanath De Silva, Giada Giacomini

Perspectives

In this essay, it is argued that IAMs should be empowered with binding decision-making authority to enhance their effectiveness and ensure that justice is served, and remedies delivered. This argument is supported by analyzing the right of access to justice. Further, this essay analyses existing mechanisms with binding decision-making power that have already been created or acknowledged by IFIs; these mechanisms include IFI administrative tribunals for employees, arbitration processes for commercial disputes, integrity related sanctions regimes, and the appeal bodies that hear access to information decisions. The IFIs’ embrace of binding decisions in these contexts demonstrates that nothing prevents IFIs …

Does Mandatory Corporate Human Rights Due Diligence Offer A Path To Resolving Global Food Insecurity Challenges?, Ying Chen, Benedict Sheehy

American University International Law Review

Despite the 2015 implementation of the United Nations Sustainable Development Goal to end hunger and all forms of malnutrition by 2030 (the Zero Hunger Goal), food insecurity remains a persistent global problem. Well past the halfway point to 2030, the world is woefully off track to reach this goal. Current efforts to address global food insecurity are led by the public sector and focused on government interventions, and these are proving to be insufficient on their own. This Article argues that the private sector, and business enterprises and multinational corporations in particular, as important stakeholders in society, can and must …

The United States’ Strengthened National Security Review Of Chinese Investment: Implications From The Tech War, Charles C. Wang, Ulia Liu, Holden H. Dong

American University International Law Review

In recent years, the national security review system of United States (U.S.) foreign investment has entered into a period of intensified scrutiny of Chinese investment. This article analyzes the latest development of the U.S. foreign investment national security review system after the enactment of the 2018 Foreign Investment Risk Review and Modernization Act (FIRRMA) and relevant Executive Orders. The U.S. review of Chinese investment has been greatly strengthened in terms of the expanded scope of review in high-tech areas and prolonged and unpredictable review time. China has become the primary target of the U.S. national security review, especially in the …

“There Is No Fashion On A Dead Planet:”1 How A Mandatory Reporting Directive Shared By The Us And The Eu And Centered On Transparency Could Be The First Step To Increased Sustainability In The Fashion Industry, Adrienne Redman

Northwestern Journal of International Law & Business

The fashion industry hangs on self-expression and individualism, yet our methods of consumption and their resulting environmental impacts are far from an individualistic concern. This paper examines the global fashion industry’s substantial contribution to pollution, resource-depletion, and waste as evidence that the self-regulation model is insufficient to curb the environmental footprint of the industry. Self-regulation presumes that consumer awareness and the desire to purchase sustainably will be enough to limit the industry’s environmental impact. However, this presumption is undermined by a lack of standardized and enforceable regulations necessary for consumer-decision making. Instead, greenwashing and deceptive environmental claims have pervaded the …

Celebrating The Fiske Fellowship Program: 2001-2025, University Of Michigan Law School

Event Materials

This program contains statements of impact from the 2001-2025 recipients of Fiske Fellowships.

Some information was shared in 2022 and may not reflect current roles and/or responsibilities of Fiske Fellows.

Foia Fellows As Freedom Fighters: An Independent And Privately Funded Foia Commission Of Rotating Professionals, Jack Wroldsen

Marquette Law Review

The Freedom of Information Act (FOIA) is a hallmark of U.S. democracy, designed as an outsider element that foists transparency on a government bureaucracy whose centripetal forces spin inexorably toward self-preservation and secrecy. The United States pioneered the worldwide Freedom of Information (FOI) movement in 1966, but other countries have since surpassed the United States in FOI design and performance. For example, when the author’s colleague sent parallel FOI requests to six Western democratic countries, all but the United States responded substantively within days, weeks, or months; the United States took four and a half years.

This Article analyzes the …

A Legal Analysis Of Wisconsin’S Disturbing History Of Unpunished Lynchings, 1848–1910, Steven M. Biskupic

Marquette Law Review

“Wisconsin is getting a reputation for lynching.” So reported the Manitowoc Pilot in 1881, after an enraged mob stormed a courtroom in Pepin County and, in the midst of legal proceedings, brutally lynched Ed Maxwell, who had been charged with killing two law enforcement officers. Between 1848 and 1910, Wisconsin had dozens of similar lynching attempts, undertaken by hundreds of otherwise law-abiding citizens and witnessed by thousands more. Nineteen resulted in violent death. Yet with only one exception, an outlier involving a battered wife, no one was ever criminally punished for engaging in lynchings in Wisconsin. This record is even …

Does The 25th Amendment Merit Reform?: The Challenge Of Determining Presidential Disability, Karena R. Andreassen

Honors Theses

This research project examines the persistent lack of use of the 25th Amendment to the United States Constitution in its original form, despite many calls for the reform of the language or expansion of its application as situations unfold. Adopted in 1967, the amendment was created to address the challenges of presidential succession and incapacity. However, historical events over the last few decades, such as the assassination attempt on Ronald Reagan, Reagan’s colon cancer, and the general increase in the age at which presidents assume office, have contributed to scrutiny over the amendments’ provisions. This study will explore why specifically …

Sunshine Laws Cast A Dark Shadow On Democracy, Elizabeth Stephani

Wyoming Law Review

A group of people keenly aware of government corruption and the consequences of concentrated power created the United States Constitution. Flowing from the Founders’ fear of another King, the U.S. Constitution designed public institutions to be accountable to the people through the separation of powers. While the separation of powers remains the bedrock of American democracy, laws like the Wyoming Public Records Act (Wyoming Sunshine Law) allow for harmful overlaps in government powers. This Article begins by assessing federal legal frameworks for open records requests incorporated in the Freedom of Information Act (FOIA). Next, the Article compares and contrasts Wyoming’s …

The Gym-Pire Strikes Back: Is The Eighth Circuit's Vacatur Of The Ftc's Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

UF Law Faculty Publications

There is a broader regulatory battle in which subscription-based businesses, particularly in the health and fitness industry, are being reined in by increasingly aggressive consumer protection regimes. This Article examines this conundrum facing regulators and affected businesses in four parts. Part I explores the concept of negative option marketing, the FTC’s theory of harm and justification for promulgating the Rule in the modern subscription economy, and the compliance burdens it would have imposed on the health and fitness industry. Part II explains the pushback from the health and fitness industry that delayed enforcement, created loopholes, and helped fuel the lawsuits …

Crip The Law: Representation As A Key Component Of Liberation Lawyering, Marissa Ditkowsky

Indiana Journal of Law and Social Equality

No abstract provided.

Do Federal Circuit Courts Of Appeal Provide Adequate Assistance To Self-Represented Litigants? A Review Of The Circuits’ Websites Resources, Jona Goldschmidt

Indiana Journal of Law and Social Equality

No abstract provided.

The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

Marquette Sports Law Review

No abstract provided.

Housing As A Human Right Through Legislative Action: Comparing France And Scotland’S Enforceable Rights To Housing, Emily Peterson, Jack E. Turman Jr., Ph.D.

Indiana Journal of Law and Social Equality

No abstract provided.

Recusal Reform: Treating A Justice's Disqualification As A Legal Issue, Michael J. Broyde, Hayden H. Hall

Faculty Articles

This article addresses the pressing issue of recusal in the U.S. Supreme Court. It critiques the current practice of Supreme Court Justices deciding individually whether to recuse themselves from cases, highlighting the flaws and potential biases inherent in this practice. The authors advocate for a reform where initial recusal decisions are made by individual Justices but then are subject to review by the Supreme Court as a whole.

The article offers several arguments to support this proposal. First, the authors explore the evolution of recusal laws, focusing on the significant amendments to 28 U.S.C. § 455 in 1948 and 1974. …

Genetic Property Rhetoric And The Public Domain, David Fagundes

Faculty Articles

Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property—and public property—as a major theme in the dialogue surrounding the Myriad litigation. It then situates this rhetorical move in the context of property-talk generally, highlighting the distinctiveness of leveraging public rather than private ownership as a means of accessing moral intuitions. Finally, this Essay reflects on what the use of public property rhetoric …

Teaching Client Counseling In The Shadow Of Homelessness, Gregory Zlotnick

Faculty Articles

Working with clients at risk of or experiencing, homelessness teaches personal and professional humility like few other experiences in law school or the practice of law. Yet such sensitive work also provides an opportunity for law students to develop both a keener understanding of their own professional identity-with its capacities and limitations and critical counseling skills. This essay draws upon experiences gained in three distinct law school projects that work with clients at risk of or experiencing, homelessness.

After providing a brief overview of each project, the essay will explore methods used for training and supervising students during their counseling …

The Effects Of Chronic Absenteeism On Average Daily Attendance Funding In Humboldt County Elementary Schools, Corabelle A. Esmailian

Cal Poly Humboldt theses and projects

Chronic absenteeism is linked to poor academic performance and lower social-emotional skills, both of which can have long-term effects on students and their communities. The California Department of Education uses average daily attendance (ADA) to determine most of the funding that public schools receive. When a student is absent, their school loses a portion of potential funding for that day. This study explores chronic absenteeism’s impact on the funding of Humboldt County’s elementary schools with a sequential exploratory research strategy and critical systems lens. Interviews with elementary administrators were conducted using a phenomenological approach to understand how this affects their …

The Effectiveness Of The Minnesota Buffer Law And Its Impacts On People, Ellen P. Isakson

Journal of Earth and Life Science

In January 2015, the then-governor of Minnesota Mark Dayton announced new legislation that would require 50-foot vegetation buffers along all waterways in Minnesota; this legislation would come to be known as the Minnesota buffer law, exact requirements being “perennial vegetative buffers of up to 50 feet along lakes, rivers, and streams and buffers of 16.5 feet along ditches” (Albert, 2017; MN Board of Water and Soil Resources [MN BWSR] 4 ). A buffer in the context of vegetation and natural resource management is a strip of vegetation around a body of water “designed to intercept stormwater runoff and minimize soil …

Mailing It In: Due Process Requires Technology-Driven Safeguards In Public Benefits, Eric Lukoff

Celebrating WCL Student Authors

Due process in safety net public benefit programs requires agencies to employ modern technology in providing notice that is reasonably likely to reach participants. The Supreme Court has held that due process is dependent on the time, place, and circumstances in which it operates. Scholars have further argued that due process is adaptable to changing facts and circumstances over time. Yet, mailed paper notices remain the standard in providing notice to participants in public benefit programs.

Living in poverty today looks significantly different than it did nearly fifty years ago at the time of Mathews v. Eldridge, where the Court …

The Land Of Opportunity Zones: Where Opportunity Goes To Die, Hilana Said

American University Journal of Gender, Social Policy & the Law

What do a superyacht marina in West Palm Beach, Florida; the city in Minnesota that is home to the Mall of America; and a blighted East Harlem, New York, have in common? They are all opportunity zones. This may be a striking fact, considering the first two areas are affluent while the third is home to many low-income families with an average income for elderly citizens below twenty thousand dollars. The problem with the opportunity zones program, as we currently know it, is that it does not serve the right communities, and when it does, it is not always in …

Lost Innocence, Mateo Valdivieso

Honors Undergraduate Theses

Human trafficking is defined as involving “force, fraud, or coercion to obtain some type of labor or commercial sex act” (U.S. Department of Homeland Security). It disproportionately affects vulnerable populations, particularly children within the U.S. welfare system. This research aims to analyze the characteristics of this system that produce vulnerabilities in welfare children that heighten their risk of being trafficked. The study focuses on socio-economic, psychological, and environmental vulnerabilities, examining how these factors, combined with increased internet accessibility, exacerbate the risks of trafficking. Using a qualitative approach, the research uses secondary data from peer-reviewed journal articles, government reports, and reputable …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

Instruments Implementation Audits And Development Strategies For Taiwan As A Non-Member State Of The Imo, Hui-Huang Tai, Tun-Hao Hsu

Journal of Marine Science and Technology–Taiwan

The International Maritime Organization (IMO) has formulated numerous maritime-related conventions. The promotion of mandatory audits is required to ensure that the implementation of maritime management systems in various countries complies with the IMO Instruments Implementation Code (III Code) and that both member states and non-member states implement these conventions. This is not only an obligation but also a responsibility for all countries to promote the development of the maritime industry. This study investigates how Taiwan, one of the non-member state of the IMO, implements the audit process and develops future implementation strategies for various maritime conventions. This issue is of …

A Multiple Perspective Analysis On Urban Poverty In Developing Nations: A Case Study On Nigeria, Colonial Implications, And Modern-Day Outcomes, Julian Rivera-Williams

CMC Senior Theses

This paper will dissect urbanization and poverty in Nigeria as a case study of the challenges of underdevelopment and the lingering effects of colonialism in Africa. To draw a complete understanding of challenges faced by developing nations facing systemic underdevelopment, high poverty, and low productivity– nations like Nigeria, my research will uncover colonial impacts and post-colonial policies that initiated urban poverty and underdevelopment outcomes we see today. The purpose of my thesis is to encompass existing fragmented academia on the causes and consequences of underdevelopment and connect historical implications to current impacts of global development today including the influence of …