Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us,
2025
Seattle University School of Law
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy,
2025
Seattle University School of Law
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Table Of Contents,
2025
Seattle University School of Law
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property,
2025
Seattle University School of Law
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes,
2025
Pepperdine University
Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes, Martina Chun
Pepperdine Dispute Resolution Law Journal
This Comment considers “adjournment” of enforcement proceedings under Article VI of the New York Convention, which allows a “pause” or a “stay” on enforcement pending a set-aside proceeding. Adjournment is an effective tool when a party initiates a proceeding to set aside, or annul, an award. While adjournment may mean that the enforcement of an award is not as “fast and furious” as some may prefer, it may be the unheralded solution—often overlooked and seldom discussed – that, despite its low profile, can significantly promote efficiency and prevent issues arising from multiple cross-border litigation proceedings.
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025,
2025
Roger Williams University School of Law
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025,
2025
Roger Williams University School of Law
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan
Life of the Law School (1993- )
No abstract provided.
The Children’S Lawsuits: Building A Global Movement In Law And Society,
2025
University of Oregon School of Law
The Children’S Lawsuits: Building A Global Movement In Law And Society, Mary Christina Wood
Washington and Lee Law Review
This essay describes the Atmospheric Trust Litigation (ATL) campaign, spearheaded by Our Children’s Trust, consisting of climate cases brought by youth premised on the public trust principle and, later, on express constitutional rights. The essay characterizes the cases as (1) accomplishing a “rights turn” in environmental law by invoking constitutional claims rather than statutory claims that previously marked almost all environmental litigation; (2) establishing a unified global framework of climate responsibility by depicting the planet’s atmosphere as a global public trust asset which all governments have an obligation to protect; and (3) galvanizing a youth climate movement centered on the …
“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases,
2025
Columbia Law School, Sabin Center for Climate Change Law
“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases, Maria Antonia Tigre
Washington and Lee Law Review
Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases—those in which relief sought by the applicants was fully or partially granted—across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief granted. Through a comparative …
Resolving The Class Action Paradox,
2025
University of Miami Herbert Business School
Resolving The Class Action Paradox, Alissa Del Riego, Joseph J. Avery
Cardozo Law Review
A paradox exists at the core of class actions. They were designed to perform a valuable function, protecting and compensating individuals who would not otherwise have legal recourse, yet in practice they have effectively silenced and disenfranchised class members, leaving them unaware and uninformed of litigation commenced on their behalf, the nature of their potential claims, and the damages they may seek. In this Article, we take three significant steps toward resolving the class action paradox. First, we unpack recent scholarship that led to the introduction of “representational notice,” a mechanism that leverages advances in technology and the social sciences …
Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc,
2025
Villanova University Charles Widger School of Law
Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc, Paul Cooke
Villanova Law Review (1956 - )
No abstract provided.
Robin Hood Or Robbin’ The Goods? The Second Circuit Restores Sec Disgorgement To Equity In Sec V. Govil,
2025
Villanova University Charles Widger School of Law
Robin Hood Or Robbin’ The Goods? The Second Circuit Restores Sec Disgorgement To Equity In Sec V. Govil, Nikolette C. Dusevic
Villanova Law Review (1956 - )
No abstract provided.
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice,
2025
Villanova University Charles Widger School of Law
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc,
2025
Villanova University Charles Widger School of Law
A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management,
2025
Villanova University Charles Widger School of Law
A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden,
2025
Villanova University Charles Widger School of Law
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Law School News: John Dorsey L'10 Selected For U.S. Bankruptcy Court In Rhode Island 6-7-2025,
2025
Roger Williams University School of Law
Law School News: John Dorsey L'10 Selected For U.S. Bankruptcy Court In Rhode Island 6-7-2025, Helga Melgar
Life of the Law School (1993- )
No abstract provided.
Climatologist Mann's Defamation Suit Victory: Can It Resolve The Crisis Of Expertise,
2025
Villanova University Charles Widger School of Law
Climatologist Mann's Defamation Suit Victory: Can It Resolve The Crisis Of Expertise, David S. Caudill
Faculty Publications
When a jury awarded one million dollars in punitive damages to climatologist Michael Mann, in his defamation suit against writer Mark Steyn (who accused Mann of scientific fraud), it was newsworthy, even surprising, because opinions regarding scientific matters are rarely actionable. And yet it was not seen as a groundbreaking event in terms of legal doctrine, since the outcome was easily justifiable— Steyn’s accusation was provably false. However, even if the Constitutional contours of defamation law did not change, the Mann verdict has far-reaching implications for a major contemporary social phenomenon, namely the so-called crisis of expertise, a term identifying …
Third-Party Litigation Funding,
2025
S.J. Quinney College of Law, University of Utah
Third-Party Litigation Funding, Jonas Anderson
Utah Law Review
As the legal system confronts rising litigation costs, technological disruption, and global investment in legal claims, the discussion around TPLF is both urgent and overdue. This symposium issue provides ways to illuminate the path forward— through scholarly engagement, critical analysis, and policy innovation.
Predicting Federal Third-Party Funding Regulation,
2025
Boston University School of Law
Predicting Federal Third-Party Funding Regulation, Victoria Shannon Sahani
Utah Law Review
Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …
