University of Miami School of Law
Stanford Law School
University of Maryland Francis King Carey School of Law
Georgetown University Law Center
Washington and Lee University School of Law
Komisi Pemilihan Umum Republik Indonesia
University of Cincinnati College of Law
Seton Hall Law
Seattle University School of Law
Cornell Law School
The Boomer Interregnum: How Conservative Thought Dressed Up As Memory Will Shape An America That The Founders Never Intended,
2023
Ohio Northern University
The Boomer Interregnum: How Conservative Thought Dressed Up As Memory Will Shape An America That The Founders Never Intended, Joshua J. Schroeder
Ohio Northern University Law Review
No abstract provided.
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection,
2023
American University Washington College of Law
Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii
Sustainable Development Law & Policy
Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense,
2023
American University Washington College of Law
Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill
Sustainable Development Law & Policy
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm,
2023
American University Washington College of Law
The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens
Sustainable Development Law & Policy
Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation,
2023
American University Washington College of Law
The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan
Sustainable Development Law & Policy
Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism,
2023
Pepperdine University
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Klinik Hukum: Sebuah Pendekatan Praktis,
2023
Faculty of Law, University of Indonesia
Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo
Jurnal Hukum & Pembangunan
No abstract provided.
The Constitution Of Japan,
2023
Faculty of Law, University of Indonesia
The Constitution Of Japan, Harun Alrasjid
Jurnal Hukum & Pembangunan
No abstract provided.
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes,
2023
University of Maine School of Law
Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher
Maine Law Review
In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work,
2023
Pepperdine University
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work, Brandon Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Introduction,
2023
Mississippi College School of Law
Introduction, Stephanie Durr
Mississippi College Law Review
The 2022 Mississippi College Law Review Symposium celebrated the 50th Anniversary of the Passage of Title IX. With the benefit of hindsight, the Symposium critically examined Title IX and its progeny, analyzing the benefits and the downfalls over the past fifty years. The 2022 Symposium celebrated Title IX for its accomplishments in eliminating sex-based discrimination in educational institutions but refused to let previous accomplishments overshadow the still-existing gender inequality. While history allows celebration, advocacy demands a commitment to work toward solutions for the persisting inequality. Armed with this intention, the Mississippi College Law Review set out to provide a forum …
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator,
2023
Mississippi College
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Mississippi College Law Review
On June 23, 1972, Congress enacted the Title IX Education Amendment of 1972. Title IX prohibits discrimination based on sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s core is the concept that students may not be denied educational opportunities based on their sex. Title IX’s protections extend to school activities, including admissions, financial aid, student services, counseling services, athletics, and physical education. The Title IX legislation eliminates sex-based discrimination to ensure all students—both male and female––have access to and equality in education.
The enactment of Title IX led to an upward trajectory for …
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms,
2023
UCLA School of Law
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
Mississippi College Law Review
A single occurrence of sexual violence on a college campus can lead to any of three major legal outcomes. The first is a traditional criminal prosecution of the alleged perpetrator. The second is a civil lawsuit against the school under Title IX, in which the victim alleges that the school’s disciplinary procedures failed to deliver an adequate response according to the body of law developed by courts interpreting Title IX. The third, which has become increasingly important and visible after a decade of student activism and initiatives by the Department of Education, is an administrative enforcement action by the Department’s …
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic,
2023
Mississippi College School of Law
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic, Sean Turnipseed
Mississippi College Law Review
SARS-CoV-2, colloquially termed “COVID-19,” dramatically altered the world in which we live. But no one would have guessed the virus would spark a flurry of litigation under the U.S. Constitution’s Free Exercise Clause. Shortly after the virus began to spread, former President Donald Trump advised a twoweek plan with hopes to “flatten the curve” of COVID-19’s impact. The plan encouraged individuals to avoid gatherings with ten or more people, work and attend school from home, eat at home rather than in restaurants, and avoid discretionary travel and shopping, to name a few. But the two-week plan did not effectively thwart …
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries,
2023
Indiana University Maurer School of Law
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Indiana Journal of Law and Social Equality
No abstract provided.
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm,
2023
Indiana University Maurer School of Law
Serving Only To Oppress: An Intersectional And Critical Race Analysis Of Constitutional Originalism Inflicting Harm, Ethan Dawson
Indiana Journal of Law and Social Equality
“[T]imes can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress.” - Justice Anthony Kennedy, Lawrence v. Texas (2003)
This Note will first focus on a historical analysis of originalist constitutional interpretation, drawing attention to initial disparities in the Constitution incompatible with our current social context. It will discuss modern originalism as a method of perpetuating systemic shortcomings, drawing specific attention to originalist interpretation as a method of oppression against white women and people of color, specifically Black women. In analyzing the harm originalism does to …
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech,
2023
Indiana University Maurer School of Law
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney
Indiana Journal of Law and Social Equality
No abstract provided.
Entangling Liberty And Equality: Critical Disability Studies, Law And Resisting Psychiatric Detention,
2023
University of Windsor
Entangling Liberty And Equality: Critical Disability Studies, Law And Resisting Psychiatric Detention, Tess Sheldon
Dalhousie Law Journal
The Charter claims of persons with disabilities often sit precariously between sections 7 and 15. Psychiatric detention, including that pursuant to provincial mental health legislation, restricts liberty and security of the person based on the enumerated ground of disability. This project imagines opportunities to challenge state interventions that are linked to prohibited grounds of discrimination. It is inspired by Justice L’Heureux-Dubé’s “interpretive lens of equality” that understands that all Charter rights “strengthen and support each other.” The equality principle should wield significant influence on the interpretation of the protections offered by section 7. Such an approach to sections 7 and …
Book Review: Rearranging The Apple Cart: Good-Faith Originalism And The Fourteenth Amendment,
2023
The University of Akron
Book Review: Rearranging The Apple Cart: Good-Faith Originalism And The Fourteenth Amendment, Daniel Coble
ConLawNOW
This essay reviews the book by Randy Barnett and Evan Bernick, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021). Ask any constitutional law professor about how judges should or do interpret the Constitution, and you will likely hear an answer that ends in “ism.” In their latest book, Professors Randy Barnett and Evan Bernick discuss an “ism” that is found in our nation’s highest court, state courts, and academia: originalism. No matter which constitutional interpretation “ism” that one follows, this book provides an intimate and historical view of what two leading originalist scholars believe is the …
