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The Resilience of What, Exactly, to What, Exactly, Along the Coast? Adapting to More Than Just Human Migration
The world’s coastlines are changing as a result of climate change and ocean acidification, creating drivers of human adaptation efforts— efforts that may increasingly include migration inland. Rising sea levels tend to get most of the attention as coastal migration drivers, because they represent…
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Of Mangroves and Men: Mobilizing Legal Innovations to Protect Coastal Communities from Climate Displacement
Around the world, there is growing concern that phenomena related to climate change may render coastal areas unlivable in the coming years and decades. Scientific projections indicate that with high greenhouse gas emissions, sea levels may rise upwards of 6 feet by 2100. Studies repeatedly warn…
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The Federal Trust Responsibility in an Era of Coastal Retreat: Climate Relocation, Fiduciary Governance, and the Future of Tribal Self-Determination
Climate-driven displacement is no longer a speculative concern for Indian Country. Across our country, from Alaska, to the Gulf Coast, and the Pacific Northwest, Tribal communities confront accelerating erosion, sea-level rise, permafrost thaw, and chronic flooding that threaten not just individual…
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Cyclones of Crime: How Environmental Degradation in Haiti Strengthens Gangs in Governmental Power Vacuums and How the International Community Can Respond Beyond Military Intervention
In Haiti, the ground beneath people’s feet, both politically and literally, has never stopped shifting, as cycles of gang violence and environmental disasters feed each other in a relentless spiral of instability. This Note intends to be an analysis of the cycle of gang violence and environmental…
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Foreword to Shifting Shores, Shifting Populations: Climate Migration and Coastal Resilience
This is a brief foreword to the Symposium issue of the fiftieth anniversary volume of William & Mary's Environmental Law & Policy Review. It discusses the choice of the issue's theme—Shifting Shores, Shifting Populations: Climate Migration and Coastal Resilience—and the future for the journal and…
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Life, Liberty, and the Pursuit of Sustainable Catch: Using Maine's Right to Food to Encourage Sustainability in the Lobster Industry
Every year, millions of sharks, turtles, whales, and other marine life are swept up in fishing gear never meant for them. This collateral damage, known as by-catch, is a persistent and deadly problem in the fishing industry. The World Wildlife Fund (WWF) estimates that around 38 million tonnes of…
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Misinterpreting Immigration Law
Although Congress bears primary responsibility for the convoluted nature of America’s immigration laws, immigration law has been rendered even more incoherent through inconsistent interpretation. During the reign of Chevron deference, the federal courts, the Board of Immigration Appeals and various…
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Boycott Governance
Despite the power they wield in modern society, corporations are hardly democratic institutions. Their governance structure is designed to further the interest of a narrow set of stakeholders, leaving little room for safeguarding the interests of other constituencies. Moreover, the power to manage…
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What’s Past is Prologue: Prior Convictions as Evidence of Dangerousness in State v. Romero
State v. Romero marked the first time the New Mexico Court of Appeals considered whether a New Mexico law disarming every person with a state felony conviction was unconstitutional under the Second Amendment. The court upheld the law, but only to the extent that it disarmed dangerous felons. The…
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Rejecting Salinas v. Texas’s Catch-22: Towards State Constitutional Protections for Silence in New Mexico
The landmark United States Supreme Court case, Miranda v. Arizona, protects individuals’ constitutional rights in coercive environments, like custodial interrogations, where law enforcement officers apply immense psychological pressure through specialized techniques. However, subsequent caselaw…
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Pixels and Property Rights: Resolving Social Media Ownership Disputes Between Employers and Employees Through Traditional Property Law Frameworks
Social media accounts have become valuable business assets, yet courts remain divided on how to resolve disputes over their ownership. In employer-employee contexts, some courts have adopted multi-factor tests to determine whether an account belongs to the business or the individual. However, these…
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On the Securitization of Residential Real Property
This article aims to reframe the scholarly discussion about securitizations—transactions in which multiple passive investors use a special purpose entity to take passive fractional ownership shares in one or more assets—in the context of residential real property interests. Residential real…
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Into the Black Hole: Private Prison Contractors and the Inspection of Public Records Act
The New Mexico Inspection of Public Records Act (IPRA) is a powerful mechanism for government transparency. Although private companies that contract with state agencies are subject to IPRA, the New Mexico Corrections Department and its contractors continually flout their IPRA obligations. Newsome…
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Surviving Strict Scrutiny: Post-Judgment Injunctions for Deepfake Election Defamation
As artificial intelligence continues to blur the boundary between fabrication and reality, defamatory deepfake election content poses a novel challenge to prior restraint jurisprudence. But if narrowly tailored, post-judgment injunctions prohibiting republication of defamatory deepfake election…
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Validity of the Case Method in Undergraduate Legal Education: An Empirical Study at a Japanese University
Since Professor Christopher Columbus Langdell first developed the Case Method in the late nineteenth century, many have written whether the Case Method is still valid at today’s law school in the United States: some argue that the use of the Case Method is declining, and the others argue that it is…
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The Cheapest Cost Avoider is Dead: Long Live the Best Algorithmic Risk Governor
Artificial intelligence is destabilizing one of tort law’s most influential organizing principles: the Cheapest Cost Avoider (“CCA”). Classical CCA analysis emerged in relatively bounded accident settings, where the actor best positioned to prevent harm was often also best positioned to evaluate…
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Corporate Liability in the Age of Artificial Intelligence
Artificial intelligence is transforming the institutional foundations of corporate accountability. As algorithmic systems assume greater autonomy, doctrines grounded in human agency will face increasing conceptual strain. An enterprise risk internalization framework offers a principled mechanism…
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Beyond the Hired Gun: Lawyer Jokes, NDA Abuse, and the Promise of Purpose-Driven Law
Lawyer jokes occupy a unique position in popular culture because they are remarkably violent, strangely normalized, and deeply revealing how society regards a profession it simultaneously fears, needs, and resents. This paper uses such humor as a lens to examine the ethical failures that have…
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Criminalizing the Platform: FOSTA-SESTA, Internet Governance, and the Erosion of Online Speech
For decades, sex work operated in the shadows—negotiated in alleyways, mediated by third parties, and shaped by constant risk. Today, much of it happens online, where a screen can mean the difference between autonomy and danger. But, when the law pushes an industry underground, it does not…
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