Introduction, 2023 Seattle University School of Law
On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, 2023 Villanova University Charles Widger School of Law
On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, Sarah A. Moynihan
Villanova Environmental Law Journal
No abstract provided.
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, 2023 Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, 2023 Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
#Metoo In Prison, 2023 Seton Hall Law School
#Metoo In Prison, Jenny-Brooke Condon
Washington Law Review
For American women and nonbinary people held in women’s prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women’s prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape Elimination Act (PREA), women who are incarcerated still face shocking levels of sexual abuse, harassment, and violence notwithstanding the law and policies that purport to address this harm. These conditions often persist despite officer firings, criminal prosecutions, and civil liability, and remain prevalent even during a #MeToo era that beckons greater …
(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970, 2023 University of Washington School of Law
(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970, Audrey Glendenning, Martin Nie, Monte Mills
Articles
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties, managing lands to allow for multiple uses, and conservation or protection. After over a century of such varied approaches, the modern public landscape is a complex milieu of public and private interests, laws and policies, and patchwork ownership patterns. This complexity depends on—and begins with—the history of Indigenous dispossession but subsequent …
The Five Internet Rights, 2023 University of Tennessee
The Five Internet Rights, Nicholas J. Nugent
Washington Law Review
Since the dawn of the commercial internet, content moderation has operated under an implicit social contract that website operators could accept or reject users and content as they saw fit, but users in turn could self-publish their views on their own websites if no one else would have them. However, as online service providers and activists have become ever more innovative and aggressive in their efforts to deplatform controversial speakers, content moderation has progressively moved down into the core infrastructure of the internet, targeting critical resources, such as networks, domain names, and IP addresses, on which all websites depend. These …
The Equal Rights Amendment And The Equality Act: Closing Gaps Post-Bostock For Sexual Orientation And Gender Identity Minorities, 2023 University of the District of Columbia School of Law
The Equal Rights Amendment And The Equality Act: Closing Gaps Post-Bostock For Sexual Orientation And Gender Identity Minorities, Sarah Blazucki
University of the District of Columbia Law Review
In 2020, the Supreme Court held in Bostock v. Clayton County that the “because of sex” protection in Title VII of the Civil Rights Act of 1964 (Title VII) included an individual’s “homosexual and transgender status.”1 This landmark decision expanded employment protections under the law, for the first time providing broad federal protections to sexual orientation and gender identity minorities.2 It was a sweeping decision, granting protections to millions of people.3 Yet many worry the protections are incomplete, for several reasons. First, the Court explicitly used the language “homosexual and transgender,”4 potentially leaving unresolved if other minority sexual orientations and …
The House Doesn't Always Win, 2023 University of Nevada, Las Vegas
The House Doesn't Always Win, Jennifer Owen
International Conference on Gambling & Risk Taking
In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.
Both are now operating under various forms of special supervision until it can be demonstrated that …
The Central American Minors Program: Advocating For Private Sponsorship, 2023 University of San Francisco
The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar
Master's Theses
Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …
Table Of Contents, 2023 Notre Dame Law School
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, 2023 George Mason University, Antonin Scalia Law School
The Bipartisan Safer Communities Act: Doctrinal And Policy Problems, Robert Leider
Journal of Legislation
In response to recent mass shootings, Congress passed the Bipartisan Safer Communities Act. The Act encouraged states to implement red-flag laws, adopted a more punitive approach to federal gun control, expanded the domestic violence misdemeanors that prohibit firearm possession, and implemented more stringent regulations on young adults purchasing firearms. Because of the difficulties in passing federal gun control laws, Congress hastily passed the Act after a small, bipartisan group of Senators agreed on its text. This stunted legislative process left the new law riddled with ambiguities and technical deficiencies. This Article explores the constitutional, doctrinal, and policy problems created by …
Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, 2023 Notre Dame Law School
Pirates, Rogues, Revolutionaries, And Lobbyists: A Legislative History Of The Panama Canal Purchase Act Of 1902, Graham Markiewicz
Journal of Legislation
Just three pages of legislative text was enough for the United States to embark on the one of the grandest engineering feats of all time. This Article examines the history, policies, and processes that led to the passage of the Panama Canal Purchase Act of 1902. Beginning and ending with civil wars in Latin America, this Article tells the story of how foreign affairs influence Washington, D.C., and vice versa. It follows closely a rotating cast of characters seeking fame and fortune who resorted to any lengths to achieve them. It winds through stories of revolutions, corruption, pirates, and cutthroat …
Charter Schools: A Missed Opportunity To Improve Education Through Innovation, 2023 Notre Dame Law School
Charter Schools: A Missed Opportunity To Improve Education Through Innovation, Maria Chiara Parisi
Journal of Legislation
The U.S. education system, unlike other fields, has failed to encourage and learn from innovation. Charter schools—publicly-funded schools with the freedom to develop innovative practices—offered an opportunity to address the education system’s resistance to change. The hope was that charter schools could serve as laboratories of innovation for new school models that traditional public schools across the country could later adopt.
Despite these good intentions, the charter school movement has not resulted in the change early advocates hoped for. Charter schools often recycle old practices instead of experimenting with new ones. And when a charter school does develop a successful …
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, 2023 Loyola University Chicago School of Law
A Federal Legislative Proposal To Address The Demise Of The Bivens Remedy, Henry Rose
Journal of Legislation
No abstract provided.
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, 2023 Notre Dame Law School
Curtailing Coercion Of Children: Reforming Custodial Interrogations Of Juveniles, K'Reisa Cox
Journal of Legislation
No abstract provided.
Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, 2023 Notre Dame Law School
Is It Fair? Is It Competitive? Is It Human?: Artificial Intelligence And The Extent To Which We Can Patent Ai-Assisted Inventions, Hubert Ning
Journal of Legislation
No abstract provided.
Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, 2023 Notre Dame Law School
Oh Brother, Where Art Thou Royalties?: Reflecting On The Emergence Of Bluegrass And Appalachian Folk Music In Promoting The American Music Fairness Act, Mark Edward Blankenship Jr.
Journal of Legislation
The film Oh Brother, Where Art Thou ironically illustrates two points that are relevant in in the context of copyright law within the music industry. First, it displays the strength of radio play on new artists’ lives, careers, and incomes, which was crucial for bluegrass and string-band artist. Second, the film highlights the distinction between the sound-recording copy-holder’s exclusive right to publicly perform their copyrighted sound recording live and the absence of any such right concerning terrestrial radio broadcasts. The absence of a public-performance right for broadcasts of copyrighted sound recordings by terrestrial radio stations (and the resulting non-incurrence of …
A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, 2023 Notre Dame Law School
A Response To “Thou Shall Not Ration Justice”: Applied Behavior Analysis Causes Harm, Ariana Cernius
Journal of Legislation
No abstract provided.
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, 2023 Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.
The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …