Civil Liability For Sexual Misconduct,
2023
Mitchell Hamline School of Law
Civil Liability For Sexual Misconduct, Mike K. Steenson
Mitchell Hamline Law Review
No abstract provided.
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021),
2023
Mitchell Hamline School of Law
The Most Substantial Factor: Analysis Of Ambiguous Causation--Staub As Trustee Of Weeks V. Myrtle Lake Resort, Llc, 964 N.W.2d 614 (Minn. 2021), Hailey Oestreicher
Mitchell Hamline Law Review
No abstract provided.
Defaming The President,
2023
Mitchell Hamline School of Law
Defaming The President, Douglas B. Mckechnie
Mitchell Hamline Law Review
No abstract provided.
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?,
2023
Seattle University School of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
Ad Coelum And The Design Of Property Rights,
2023
University of Oklahoma College of Law
Ad Coelum And The Design Of Property Rights, Joseph Schremmer
Faculty Articles
This Article seizes on a specific doctrinal discussion in Eric Claeys's Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys's discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …
Subsurface Trespass: Private Remedies And Public Regulation,
2023
University of Oklahoma College of Law
Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer
Faculty Articles
There is a growing literature examining when subsurface invasions from activities like tunneling, horizontal drilling, hydraulic fracturing, and waste disposal will constitute actionable subsurface trespasses. Liability for subsurface trespass has become an important question for many reasons, including that a significant climate-change technology, carbon dioxide sequestration, hinges on the ability to inject massive quantities of carbon dioxide underneath the land of many owners. To date, the subsurface trespass scholarship has paid relatively little attention to two topics downstream of liability:private remedies for trespassing subsurface activities. This Article provides a high level account of the role of, and relationship between, private …
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development,
2023
University of Oklahoma College of Law
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer
Faculty Articles
As carbon capture and sequestration projects gain momentum across the United States, questions about the coordination of sequestration with mineral extraction—especially oil and gas development—are growing in urgency. Using many of the same technologies, these two marvels of modern ingenuity aim to exploit the same subsurface resources for different purposes: one to bring out the hydrocarbons and the other to put away the byproducts of their combustion. From needing to drill through each other’s operations to reach deeper strata, to competing for the use of reservoir storage space (“pore space”), mineral development and carbon sequestration projects are sure to clash, …
Take Me To Church [Of Logan],
2023
Roger Williams University School of Law, Class of 2020
Take Me To Church [Of Logan], Kelvin Santos
Roger Williams University Law Review
No abstract provided.
Logan Church,
2023
Roger Williams University School of Law Class of 2022
Logan Church, Rebekkah Ruth Nardi Stoeckler
Roger Williams University Law Review
No abstract provided.
Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022).,
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022)., Keith Lefevre
Roger Williams University Law Review
No abstract provided.
Georges V. State, 249 A.3d 1261 (R.I. 2021),
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher
Roger Williams University Law Review
No abstract provided.
Dextraze V. Bernard, 253 A.3d 411 (R.I. 2021),
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Dextraze V. Bernard, 253 A.3d 411 (R.I. 2021), Angela Amaral
Roger Williams University Law Review
No abstract provided.
Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021),
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks
Roger Williams University Law Review
No abstract provided.
Henry V. Media General Operations, Inc., 254 A.3d 822 (R.I. 2021),
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Henry V. Media General Operations, Inc., 254 A.3d 822 (R.I. 2021), Stefanie D. Fischer
Roger Williams University Law Review
No abstract provided.
Third-Party Releases Under The Bankruptcy Code After Purdue Pharma,
2023
Benjamin N. Cardozo School of Law
Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson
Articles
The biggest bankruptcy case ever (as measured by unsecured claims against a debtor-in-possession) is In re Purdue Pharma, LLC. The bankruptcy court affirmed a plan discharging the Sackler family (equity owners and often officers of Purdue) of all “derivative” claims that belonged to the debtor-in-possession. The settlement was bought for a substantial sum payable over time by the Sacklers. A debtor-in-possession is the sole owner of a derivative claim and has the power to bind all the creditors to a settlement. Under the Bankruptcy Code, a plan discharging derivative claims is confirmable. In fact, as we will, show, a great …
Mind The Gap: A Tribute To David Logan On His Retirement,
2023
Professor of Law, Roger Williams University School of Law
Mind The Gap: A Tribute To David Logan On His Retirement, Colleen P. Murphy, Justin R. Kishbaugh
Roger Williams University Law Review
No abstract provided.
Lessons From Logan: Lessons In Life From David Logan,
2023
Dean, University of Kentucky J. David Rosenberg College of Law
Lessons From Logan: Lessons In Life From David Logan, Mary J. Davis
Roger Williams University Law Review
No abstract provided.
Diverse Scholarship,
2023
Professor Emeritus, University of Texas Law School
Diverse Scholarship, David Anderson
Roger Williams University Law Review
No abstract provided.
The Private Enforcement Of National Security,
2023
University of Colorado Law School
The Private Enforcement Of National Security, Maryam Jamshidi
Publications
The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …
A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform,
2023
Claremont Colleges
A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst
CMC Senior Theses
Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …
