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Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam 2024 Villanova University Charles Widger School of Law

Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal

No abstract provided.


No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler 2024 Villanova University Charles Widger School of Law

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

No abstract provided.


Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George 2024 Villanova University Charles Widger School of Law

Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George

Villanova Environmental Law Journal

No abstract provided.


Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson 2024 Villanova University Charles Widger School of Law

Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson

Villanova Environmental Law Journal

No abstract provided.


Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell 2024 Villanova University Charles Widger School of Law

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal

No abstract provided.


Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke 2024 Villanova University Charles Widger School of Law

Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke

Villanova Environmental Law Journal

No abstract provided.


Journal Staff, 2024 Duke Law

Journal Staff

Duke Law Journal

No abstract provided.


Show Me The Green: The Battle For Investor Trust In Esg Funds, Benjamin R. Lukas 2024 Duke Law

Show Me The Green: The Battle For Investor Trust In Esg Funds, Benjamin R. Lukas

Duke Law Journal

Environmental, social, and governance (“ESG”) funds enable earnest investors to align their money with their values. Some believe that ESG funds can promote a more sustainable and just economy by encouraging companies to adopt better practices and by divesting from those that do not. Others expect that funds with limited carbon exposure will outperform as climate change imposes regulatory and financial risks on carbon-intensive industries. Research suggests that younger investors overwhelmingly support the idea behind ESG investing; one-third even report a willingness to forgo 10 percent or more of their retirement savings to protect the environment.

Unfortunately, ESG products also …


Full Faith And Credit In The Post-Roe Era, Celia P. Janes 2024 Duke Law

Full Faith And Credit In The Post-Roe Era, Celia P. Janes

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …


"We're Not Selling Ice Cream Here": Plcaa, The Predicate Exception, And Providing Relief For Plaintiffs, Emma Kilroy 2024 Duke Law

"We're Not Selling Ice Cream Here": Plcaa, The Predicate Exception, And Providing Relief For Plaintiffs, Emma Kilroy

Duke Law Journal

In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) put a stop to most civil litigation against the firearms industry. In the nineteen years since, victims of gun violence have attempted to bring claims against members of the firearms industry, with varying degrees of success, using an exception to PLCAA known as the predicate exception. Recently, states have begun to pass legislation creating a right of action for plaintiffs to take advantage of the predicate exception. Whether the new legislation will be successful, however, remains to be seen.

This Note examines all of the available cases considering the …


Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun 2024 Duke Law

Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun

Duke Law Journal

In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery.

Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …


Esg And Securities Litigation: A Basic Contradiction, Aneil Kovvali 2024 Duke Law

Esg And Securities Litigation: A Basic Contradiction, Aneil Kovvali

Duke Law Journal

Companies are increasingly expected to publicly report on not only their traditional financial results, but also environmental, social, and governance (“ESG”) issues. Trillions of dollars are being invested with ESG considerations in mind, and boosters urge that ESG investing can address environmental and social impacts that are normally ignored by managers focused on share prices. This raises the question of how companies should be punished if they lie about ESG matters. How should the traditional elements of securities fraud map onto the novel ESG context? Commentators have vigorously debated ESG’s relationship to the materiality element of securities fraud. But the …


Arizona V. Navajo Nation, Sarah K. Yarlott 2024 University of Montana, Alexander Blewett III School of Law

Arizona V. Navajo Nation, Sarah K. Yarlott

Public Land & Resources Law Review

Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.


Sackett V. Environmental Protection Agency, Meridian Wappett 2024 University of Montana, Alexander Blewett III School of Law

Sackett V. Environmental Protection Agency, Meridian Wappett

Public Land & Resources Law Review

In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …


Front Matter, New Mexico Law Review 2024 University of New Mexico

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder 2024 University of New Mexico

Rethinking Rights In A Disappearing Penumbra: How To Expand Upon Reproductive Rights In Court After Dobbs, Joshua J. Schroeder

New Mexico Law Review

In 2022, Dobbs v. Jackson Women’s Health Org. overruled Roe v. Wade and Planned Parenthood v. Casey. The Dobbs Court suggested that future cases should similarly overrule other judicially protected rights including the right to marry interracially, to access contraceptives, and to have sex the way you like. The novel grounds Dobbs used to overrule Roe and Casey that might spread to other pro-rights case law was an ad hoc Janus v. AFSCME cost-benefit balancing test. Prior to Dobbs, the liberal wing of the U.S. Supreme Court believed that the Court could use cost-benefit balancing tests to safeguard certain judicially …


Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones 2024 University of New Mexico

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.


The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel 2024 University of New Mexico

The Myth Of Anonymity: De-Identified Data As Legal Fiction, Elodie Currier Stoffel

New Mexico Law Review

The unregulated collection, processing, and sale of consumer data has led to a plethora of social and legal issues. As regulators attempt to catch up with the “move fast and break things” ethos of tech innovation, “de-identified” or “anonymized” data has remained broadly unprotected. However, computer science literature shows us that “de-identified” data is a legal fiction. This Article examines the source of the de-identification fiction, analyzes the definitions in new state laws which attempt to close the loophole, tracks potential harms, and proposes a legislative solution which aims to ameliorate some of the legal fictions’ negative impacts. Part I …


Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short 2024 University of New Mexico

Rule 11 Sanctions For Bad Discovery Advocacies, Jeffrey A. Parness, Alexandria N. Short

New Mexico Law Review

For over eighty years, Rule 11 of the Federal Rules of Civil Procedure has authorized sanctions to combat frivolous legal arguments and factual allegations in some paper presentations. Since 1993, however, the rule has not applied to discovery. This article demonstrates how Rule 11 should be used to deter advocacy based on discovery that has “gone bad” since its initial disclosure. Disciplinary actions, malpractice claims, the discovery rules, and even the inherent sanctioning authority of the court are insufficient to deter lawyers from relying on now-bad discovery papers. Rule 11 would hold lawyers to a duty of reasonable inquiry before …


The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts 2024 University of New Mexico

The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts

New Mexico Law Review

This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores the history of the 1926 Slavery Convention; the nature of coercive labor in colonized states in the inter-war period; the drafting processes and coverage of the 1930 Forced Labour Convention; the Convention’s accompanying recommendations; and subsequent developments in the legal definition of forced labor. …


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