Category: Volume 69, Issue 2
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Bisecting American Islam? Divide, Conquer, and Counter-Radicalization
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Khaled A. Beydoun Volume 69, Issue 2, 429-497 The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in the region, while spurning Iran, the Shia Muslim hegemon that…
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Are U.S. Public Lands Unconstitutional?
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] John D. Leshy Volume 69, Issue 2, 499-582 Arguments are sometimes made most recently in a paper commissioned by the State of Utah, and by a lawyer for a defendant facing charges for the armed takeover of a National Wildlife Refuge in Oregon in 2016that U.S. public lands are unconstitutional. This article disputes…
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Realizing Restorative Justice: Legal Rules and Standards for School Discipline Reform
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Lydia Nussbaum Volume 69, Issue 2, 583-646 Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and…
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It’s Always Windy in McCain Valley: Vicarious Liability Under the Migratory Bird Treaty Act
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] George A. Croton Volume 69, Issue 2, 647-674 This Note considers whether a federal agency that grants a license, lease, or permit to a wind farm developer can thereafter be held vicariously liable for the developer’s violations of the Migratory Bird Treaty Act’s (“MBTA”) “take provisions.” It concludes by positing that a federal…
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Royalty Inequity: Why Music Streaming Services Should Switch to a Per-Subscriber Model
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Joseph Dimont Volume 69, Issue 2, 675-700 Digital music streaming services, like Spotify, Apple Music, and Tidal, currently distribute royalties based on a per-stream model, known as service-centric licensing, while at the same time receive income through subscription fees and advertising revenue. This results in a cross-subsidization between low streaming users and high…
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No Harm, Still Foul: When an Injury-in-fact Materializes in a Consumer Data Breach
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Benjamin C. West Volume 69, Issue 2, 701-720 In the consumer data breach context, courts have seemingly limited a plaintiff’s ability to bring suit by applying the standing doctrine’s injury-in-fact requirement too rigidly. This is unacceptable, as the law of standing should not leave consumers without technology, without security, and without recourse. This…