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Four Decades, No Progress: Time for a Columbia River Basin Compact
Since the Power Act’s passage in 1980, the government entities who develop and implement energy policy in the Pacific Northwest have operated under a congressional mandate to protect fish and wildlife in the Columbia River Basin. However, nearly half a century later, the number of wild salmon and…
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Expressive and Acquisitive Norms of Property in the Municipal and Private Contexts: Guerrilla Gardening and Property Reform
There exists a type of expressive property outlaw—the guerrilla gardener. Guerrilla gardening is the practice of gardening without the legal right to do so. The practice of guerrilla gardening can sometimes take on rooted permanence, and as a result, progressively higher stakes. Guerrilla gardeners…
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Silos, Gaps, and Bridges: A Call to Action for Law Schools to Facilitate Collaboration Across the Curriculum at the Dawn of the NextGen Bar
Now is a time for action. With the advent of the NextGen bar exam and the recent changes to the ABA accreditation standards for law schools, which both focus on valuing practical legal skills, law schools have a unique opportunity. By coordinating practical and doctrinal content across the…
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California’s Attempt to Confront Implicit Bias in Jury Selection: A Critique of AB 3070
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Regulating Retirement Savings Roulette: A Framework for Evaluating Prudence of Cryptocurrency Investments in 401(k)s
Foolhardy or farsighted, Americans are investing their retirement savings in volatile cryptocurrencies. These investments, conducted largely through brokerage windows enabling plan participants to invest in options not on their employer-sponsored retirement plan menu, are increasing. Clarity on…
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“Tolling for the Outcast”: A Therapeutic Jurisprudence Consideration of the Relationship Between the Americans with Disabilities Act, Death Row Conditions, and Capital Punishment
The press has regularly reported on the level of abysmal conditions on death rows in those states that have retained capital punishment. Death-row prisoners are often incarcerated in solitary confinement, and are subject to much more deprivation and harsher conditions than other prisoners. As a…
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Thou Shall Not Compel Speech: Public Educators’ Free Speech Rights in the Face of Louisiana’s “Ten Commandments” Law and Other Rules Compelling Private Expression from Public School Teachers
First Amendment jurisprudence has significantly evolved within the past decade as the Supreme Court has expanded religious protections, further developed the Compelled-Speech Doctrine, and narrowed what public school activities are considered violations of the Establishment Clause. There is no…
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Long Overdue: Modernizing Virtual Currency Taxation
In March of 2014, the IRS issued guidance classifying cryptocurrency as property for most tax purposes, at a time when the total cryptocurrency market capitalization was roughly 6.5 billion dollars. Over ten years later, that figure has grown to four trillion dollars. While taxpayers can now…
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Human Rights on Pause: Assessing the CBP Digital Metering Process and Obligations of Non-Refoulement Beyond Borders
Migrants are once again being told to wait in line before seeking their right to the asylum process. In 2023, the Biden administration introduced the CBP One app as a new requirement for asylum seekers approaching the US-Mexico border. Not long after, it evolved into a strict legal prerequisite…
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How Should the Law Treat Future AI Systems? Fictional Legal Personhood versus Legal Identity
The law draws a sharp distinction between objects and persons, and between two kinds of persons, the ''fictional'' kind (i.e. corporations), and the ''non-fictional'' kind (individual or ''natural'' persons). This paper will assess whether we maximize overall long-term legal coherence by (A)…
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AI Training is Fair Use: The Beginning of the End of the Copyright Assault on Gen AI
Two federal courts overseeing claims against the developers of generative artificial intelligence (GenAI) have pointed the way to resolving these infringement actions by finding that the training of GenAI models is a transformative fair use under copyright law. While the two opinions differed in…
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Evolving Threats, Evolving Duties: Ransomware, Artificial Intelligence, and Cybersecurity Law
This paper examines the evolving legal obligations of corporations and public institutions in the face of ransomware, cyber threats, and artificial intelligence, asserting that a proactive legal framework is essential to mitigate or altogether avoid liability, protect stakeholders, and ensure…
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Artificial Intelligence and Automated Decision-Making in Employment: The Future of the Embattled Disparate Impact Theory of Discrimination Under Title VII
Artificial intelligence now makes core employment decisions—from resume screening and video interviews to promotion and termination—yet Title VII’s disparate impact doctrine was built for paper tests, not black-box models. This Article argues that, while under attack by the Trump Administration and…
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#InfluencerInfractions: How Influencers Comply (or Don’t) with FTC Guidelines
The Federal Trade Commission (FTC) released endorsement guidelines of sponsored content in 2023, including stipulations of clear and conspicuous disclosure, to combat content disguised as original, while actually having commercial intent. This paper examines compliance with these guidelines among…
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