Josh Smith explores the growing tension between presidential self-promotion and the law governing Americaโs public lands. Using the Trump Administrationโs placement of presidential imagery on national park passes as a case study, this Article analyzes whether politicizing public lands exceeds statutory authority and erodes the constitutional norm of politically neutral governance.
Below the Floor: How States are Challenging Federal Child Labor Law
Maggie Traubert explores how recent state efforts to expand youth employment create conflicts with federal child labor laws, leaving businesses uncertain of the law and young workers potentially at risk of abuse. The article examines how state child labor statutes disrupt the cooperative federalism model, function as โzombie laws,โ exploit enforcement gaps, and impose asymmetric legal burdens on businesses.
The Tragedy of Adriana Smith: Remedying Statutory Ambiguity in a Post-Dobbs Society
Joanna Swaiss argues that ambiguity in post-Dobbs fetal personhood statutes encourages hospitals to adopt risk-averse practices that undermine patient autonomy and family decision-makingโillustrated by the case of Adriana Smith. She argues that legislative reform, such as โAdrianaโs Law,โ is needed to clarify that abortion restrictions do not override end-of-life principles once a pregnant patient is legally dead.
“Forever Chemicals”: The Shifting Landscape of PFAS Regulation
Brookelynn Stone discusses the current PFAS regulatory landscape and the harmful effects these forever chemicals have on communities throughout the United States. She contends that the current EPAโs actions regarding delaying compliance timelines and weakening reporting requirements for importers and manufacturers undermines public health. She discusses the need for a more coordinated and stable approach to address PFAS as the current patchwork of state level regulations and a fragmented federal approach is insufficient to address issues concerning public health.
Current Regulations on AI in Employment Decisions
Nathan Steineker explores the potential impact of a recent executive order on state laws regulating AI in employment decisions.
Fabricated Images, Real Harm: The DEFIANCE Act and Federal Civil Remedies for Deepfake Pornography
Kennedy Aikey explores the rapid rise of deepfake pornography and the real harms inflicted by fabricated intimate images in the digital age. She argues that the DEFIANCE Act is a critical federal response, urging Congress to equip survivors with a meaningful civil remedy and stronger tools to hold anonymous perpetrators accountable.
Federal Preemption of Local Laws: Implications of the Small Business Administration’s Interim Final Rule on Disaster Relief
Andrew Pyles discusses the new Small Business Administrationโs Interim final rule preempting local laws in California that govern rebuilding after the 2025 Los Angeles wildfires. It analyzes whether, under the Supremacy Clause and the framework articulated in Arizona v. United States, federal agencies are permitted to preempt local land-use laws in the absence of a congressional directive.
When Reporting Becomes a Crime: Newsgathering and Criminal Liability
Mofe Koya examines the arrests of journalists Don Lemon and Georgia Fort in Minneapolis, Minnesota following their controversial coverage of anti-U.S. Immigration and Customs Enforcement protests. She begins by discussing the circumstances surrounding the arrests before turning to an analysis of First Amendment protections for journalists and the essential role of the press in a democratic society. The article concludes by considering the broader implications of the arrests, including the precedent it may set and the policy considerations courts will need to address moving forward.
U.S. Traveler Safety: A Consideration of Freight Broker Liability in the Upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC
Jack Frischen looks at the upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC and the implication it will have on the safety of American roadways. He argues that the Sixth and Ninth Circuit more accurately interpreted the Federal Aviation Administration Authorization Act finding common law negligence lawsuits to fall under its safety exception
Essential Medications and Market Power: Insulin Through an Antitrust Lens
In this article, Katie Bunch examines the structure of the U.S. insulin market through the lens of federal antitrust law, analyzing how market concentration, patent protections, and pharmacy benefit manager rebate arrangements, influence competition for a life-saving medication. She evaluates how enforcement of existing antitrust statutes could address competitive concerns within the pharmaceutical industry and shape the future of antitrust oversight in healthcare markets.
