In Defense of Dirt: Applying Principles of Water and Natural Resources Law to Mississippi River Sediment Management

Comment by Isabel Englehart

This Comment discusses key policies and doctrines of natural resources law, with particular emphasis on recent case law developments and the government’s authority and obligation to reassess river sediment’s status and manage it accordingly.

Tenth Street Residential Association v. City of Dallas: Standing on Shaky Ground, Gentrification Threatens Neighborhood with Limited Legal Remedies for Fair Housing Organizations

Note by Ellen Short

Part II of this Note discusses the development of a circuit split in the application of Havens Realty Corp. v. Coleman, the Supreme Court case which defined the element of injury-in-fact in organizational standing cases. Part III explores how the Fifth Circuit strictly limited Article III standing in the noted case. Lastly, Part IV demonstrates how the strict definition of injury created by the Fifth Circuit, coupled with the challenges of associational standing, limits opportunities for recovery in gentrification cases.

Texas Democratic Party v. Abbott: Fifth Circuit Narrowly Interprets Twenty-Sixth Amendment, Putting Life and Liberty on the Ballot for Young Texas Voters

Note by Kristen Shaw

Kristen Shaw’s case note examines the United States Court of Appeals for the Fifth Circuit's decision in Texas Democratic Party v. Abbott, 978 F.3d 168 (5th Cir. 2020), where the Fifth Circuit articulated a narrow new interpretation of “abridge the right to vote” under the Twenty-Sixth Amendment to uphold section 82.003 of the Texas Election Code.

Center for Biological Diversity v. EPA—The Fifth Circuit Creates A New Hurdle for Environmental Standing

Case Note by Isabel Englehart

Isabel Englehart's case note examines the United States Court of Appeals for the Fifth Circuit's decision in Center for Biological Diversity v. EPA, 937 F.3d 533 (5th Cir. 2019), where the Fifth Circuit held that several plaintiffs to an environmental lawsuit could not establish an injury-in-fact for standing, despite living and spending ample time in the impacted areas.

Knick v. Township of Scott: Redefining a Constitutional Injury to Give Takings Plaintiffs Their Day in Federal Court

Case Note by Jessica Webb

Jessica Webb’s case note explores the United States Supreme Court’s decision in Knick v. Township of Scott, 139 S. Ct. 2162, 2168 (2019), where the Court held that a plaintiff can assert a Fifth Amendment takings violation in federal court as soon as property is taken, without seeking prior or contemporaneous compensation or first exhausting state court remedies.

The Truth Behind “Truth in Advertising” Laws: A Constitutional Analysis of Louisiana’s Restrictions on Physician Advertising

Comment by Alixe L. Duplechain

Alixe L. Duplechain’s comment explores how Louisiana’s current restrictions on physician advertising violate physicians’ commercial speech rights and argues for a more expansive legislative solution that will both protect the public and promote physician free speech rights.

I Coulda Had a Lawyer: Why States Should Abandon the Davis Standard When Analyzing Ambiguous Custodial Requests for Counsel

Comment by Ryan Niedermair

In this comment, Ryan Neidermair compares the evolution of custodial requests for counsel in United States Supreme Court jurisprudence and particular state court systems. He ultimately argues that states should decline to follow Davis and instead adopt approaches that are more protective of defendants' rights.

 

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