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Articles 1 - 30 of 1131
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Foreword: Understanding Maine's Novel Right To Food Constitutional Amendment, Lisa A. Prosienski Editor-In-Chief
Foreword: Understanding Maine's Novel Right To Food Constitutional Amendment, Lisa A. Prosienski Editor-In-Chief
Maine Law Review
No abstract provided.
It’S Getting Hot In Here: Maine’S Right To Food As A Mechanism To Address The Impact Of The Warming Of The Gulf Of Maine On Lobster, Rachel Fischer
It’S Getting Hot In Here: Maine’S Right To Food As A Mechanism To Address The Impact Of The Warming Of The Gulf Of Maine On Lobster, Rachel Fischer
Maine Law Review
In United States v. Washington, the Ninth Circuit considered a series of treaties called the Stevens Treaties between the Washington state government and a group of twenty-one Native American nations in the pacific northwest. The court held that embedded in a treaty right to take fish was a promise by the Washington state government that fish would still exist in that region. This case ultimately required the state government to protect the region’s fish against environmental degradation. In the age of climate change, this case provides a model for states like Maine to impose a duty on the state government …
What The Cluck? Backyard Chickens And Maine's Mysterious Right To Food, Lucy Weaver
What The Cluck? Backyard Chickens And Maine's Mysterious Right To Food, Lucy Weaver
Maine Law Review
When Maine voters approved the nation’s first “right to food” constitutional amendment, many were concerned about the amendment’s potential to conflict with animal welfare, food safety, and other regulations currently in place at the state and local level. Born from a decade of advocacy, the amendment represents a new era for Maine’s food sovereignty movement. However, the boundaries of the amendment remain unclear, and Maine’s municipalities lack sufficient guidance as they attempt to navigate how this amendment applies to them. This Comment explores one example of the many challenges that may arise from the enactment of the right to food …
You Can Grow Your Own Way: Maine's Constitutional "Right To Food" Amendment, Kristin Hebert
You Can Grow Your Own Way: Maine's Constitutional "Right To Food" Amendment, Kristin Hebert
Maine Law Review
Maine is the first state to constitutionalize a right to food. This is significant not only because no other states have enshrined such a right, but because this is Maine’s first foray into constitutionalizing any new individual rights. This raises a host of questions for courts to grapple with: What level of scrutiny should apply? What kinds of protections does this right afford? What are its limitations? This Comment offers a framework for courts to use when interpreting the right to food that is grounded in the legislative and voter intent. Given the amendment’s broad language, this comment argues that …
“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck
“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck
Maine Law Review
The State of Maine is leading the nation in efforts not only to promote production of locally and sustainably grown food, but the right of consumers to grow, produce, and consume the food of their choosing. This includes creation of a constitutional right to food, a right recognized in the global community but not throughout the United States. Many advocates in the United States emphasize the right to food as a human right, advocating for the same attention and protection as other human rights such as the right to life, liberty, freedom from slavery, and freedom from discrimination. The right …
Green Amendments And Ham: How Green Amendment Jurisprudence Can Inform Maine’S Right To Food, Sarah M. Everhart
Green Amendments And Ham: How Green Amendment Jurisprudence Can Inform Maine’S Right To Food, Sarah M. Everhart
Maine Law Review
Maine’s constitutional right to food is the first state constitutional right to food and the extent of the rights created by the amendment is largely unknown. The right to food, as enacted in Article I, Section 25 of the Maine Constitution, provides: Section 25. Right to food. All individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, as long as an individual does not commit trespassing, …
Constitutionalizing The Human Right To Food In Maine: A People’S Tool To Advance Food Sovereignty In The U.S., R. Denisse Cordova Montes, Heather Retberg, Photini Kamvisseli Suarez
Constitutionalizing The Human Right To Food In Maine: A People’S Tool To Advance Food Sovereignty In The U.S., R. Denisse Cordova Montes, Heather Retberg, Photini Kamvisseli Suarez
Maine Law Review
On November 2, 2021, Maine voters overwhelmingly supported a statewide referendum approving an amendment to enshrine the right to food in Maine’s constitution. This vote was preceded by a decade of food sovereignty advocacy in Maine. This advocacy was led by small farmers and homesteaders and supported by people looking to opt out of the industrial food system, which is dominated by a few corporate monopolies and promotes charity-based solutions to hunger. This vote was a resounding proclamation by the people of Maine in support of the right to food, the right to save and exchange seeds, and the right …
Editorial Board Vol. 76 No. 2 (2024), Lisa A. Prosienski Editor-In-Chief
Editorial Board Vol. 76 No. 2 (2024), Lisa A. Prosienski Editor-In-Chief
Maine Law Review
No abstract provided.
Realizing The Right To Food In Maine: Insights From International Law, Smita Narula
Realizing The Right To Food In Maine: Insights From International Law, Smita Narula
Maine Law Review
In November 2021, Maine made history as the first U.S. state to constitutionally recognize the right to food. Maine’s right to food amendment—which sought to address widespread food insecurity and corporate control of the food supply—proclaims food as a “natural, inherent and unalienable right,” and empowers Mainers to grow and consume food of their own choosing, affirming their right to food sovereignty. This Article makes three key contributions to scholarly examinations of this historic amendment. First, it situates the amendment within the broader landscape of domestic and global struggles for the right to food and food sovereignty. Second, the Article …
The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke
The Loss & Damage Fund: Will It Leave Greenland Behind?, Natalie L. Nowatzke
Ocean and Coastal Law Journal
The United Nations Framework Convention on Climate Change (UNFCCC) maintains three pillars of international climate governance: (1) mitigation, (2) adaptation, and (3) loss and damage. Loss and damage, the newest pillar, refers to the negative effects of climate change that transpire despite mitigation and adaptation measures. This notion has manifested into the newly operationalized Loss and Damage Fund, which is designed to compensate developing nations for the losses and damages that occur. This Comment identifies a gap in the Loss and Damage Fund, which will leave Greenland left out of receiving compensation, despite being extremely vulnerable to climate change, because …
Arctic Policy Considerations For Scottish Independence, Mason Mcinnis Brewer
Arctic Policy Considerations For Scottish Independence, Mason Mcinnis Brewer
Ocean and Coastal Law Journal
The ongoing effects of climate change on the Arctic environment raises the geopolitical importance of the Arctic and nearby regions, such as the broader High North. With deteriorating relations between Russia and much of the international community, changes to international borders in these regions would undoubtedly be a concern for those with Arctic interests. Consequently, due to Scotland’s location in the world, the legal analysis surrounding any Scottish claim to external self-determination under international law would include Arctic considerations. Following a review of the Artic policy priorities of the U.K. and Scottish governments, and each government's involvement in developing those …
Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi
Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi
Ocean and Coastal Law Journal
The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response. The myth of Article 234 will ultimately align with …
A Greater Purpose For Icebergs: Iceberg Trade To Combat The Effects Of Climate Change, Lee A. Foden
A Greater Purpose For Icebergs: Iceberg Trade To Combat The Effects Of Climate Change, Lee A. Foden
Ocean and Coastal Law Journal
Three-fourths of the planet’s freshwater is stored in glaciers, and as the glaciers melt, humans are forfeiting their greatest freshwater resource. Climbing global temperatures, attributable to greenhouse gas emissions and climate change, accelerate glacial melt while intensifying drought and water scarcity. This Comment identifies a way to relocate our greatest freshwater resource before it melts into the salty sea. Further, this Comment discusses how an iceberg trade could ensure the right to water by creating access to freshwater for all. Finally, this Comment introduces the iceberg trade as an equitable remedy to be employed by the Paris Agreement in the …
Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch
Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch
Ocean and Coastal Law Journal
Few transformations in Earth systems are as dramatic as those currently occurring in the Arctic. We reveal the emergence of a new route regime in response to the evolving context of climate change and human pressures. This paradigm shift presents both opportunities for Arctic exploration and maritime trade, as well as risks for marine ecosystems and coastal communities. It underscores the need for concerted efforts to recalibrate the associated legal framework.
Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva
Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva
Ocean and Coastal Law Journal
Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …
Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov
Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov
Ocean and Coastal Law Journal
The Arctic region is strategically significant with its economic activity, resources, and its Indigenous populations. Russia has recognized the significance of the Indigenous peoples living in the Arctic and has fueled its international publicity by using these peoples as a tool for public relations. The colonizing of these regions and the strategic use of propaganda by the Russian government weaves a complicated tale—one in which the Russian administration voices support for the Indigenous populations while removing protections for these same peoples.
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Ocean and Coastal Law Journal
The United States may seek to reduce its dependency on China for strategic minerals and rare earth elements by exploiting deposits on its continental shelf in the Arctic region. On December 19, 2023, the United States announced the outer limits of it extended continental shelf. Like other countries, the United States exercises sovereign rights and jurisdiction over the living and non-living resources of the continental shelf, which is comprised of the sea bed and subsoil of the continental margin. The U.S. continental shelf extends beyond 200 nautical miles in seven locations, including the Bering Sea and Arctic Ocean. Although the …
Under The Shadow Of Absolute Sovereignty: Exploring Conditional Sovereignty In The Case Of Svalbard Geopolitics, Eda Ayaydin
Under The Shadow Of Absolute Sovereignty: Exploring Conditional Sovereignty In The Case Of Svalbard Geopolitics, Eda Ayaydin
Ocean and Coastal Law Journal
This Article analyzes different sovereignty approaches in the context of Svalbard. Since the signing of the Svalbard Treaty, establishing Norway’s absolute sovereignty over the archipelago, the geopolitics of the region have evolved, particularly given Svalbard’s geographical position in the European Arctic. This Article concludes that Svalbard's sovereignty deviates from the classical concept of absolute sovereignty, instead operating under the framework of conditional sovereignty.
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh
Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh
Ocean and Coastal Law Journal
No abstract provided.
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Ocean and Coastal Law Journal
As an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally …
Editorial Board Vol. 29, No. 2 (2024), Alicia M. Rea Editor-In-Chief
Editorial Board Vol. 29, No. 2 (2024), Alicia M. Rea Editor-In-Chief
Ocean and Coastal Law Journal
No abstract provided.
The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi
The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi
Ocean and Coastal Law Journal
No abstract provided.
Social Media: One Of Fast Fashion’S Biggest Influencers Why Legal Intervention Is Essential To Reduce Social Media’S Promotion Of Fast Fashion– An Industry Founded On Unsustainable Business Practices, Abigail Mccann
Student Journal of Information Privacy Law
The purpose of this paper is to convey why legal intervention is an essential step in curtailing social media’s promotion of fast fashion, which often occurs through brand utilization of various predatory advertising methods. Research has suggested growing opposition to both social media and clothing regulations. As a result, the most proactive way to confront the issue is by attacking corporate activity head-on. This will occur through the implementation of a mandatory three-factor sustainability compliance program, required for all fast fashion corporations advertising via social media. Additionally, to ensure brand transparency, compliance with the program will require the publication of …
Examining Netchoice And Murthy: Content Moderation In The Hands Of The Supreme Court, Devin B. Forbush
Examining Netchoice And Murthy: Content Moderation In The Hands Of The Supreme Court, Devin B. Forbush
Student Journal of Information Privacy Law
The right to free speech is often justified by the idea that an undisturbed marketplace of ideas is an essential ingredient for a healthy democracy. While in many cases we may believe the views espoused by that speech are incorrect, ignorant, or even harmful, those reasons do not justify silencing those views. In 2024, there is a clear social divide between social media platforms’ content-moderation practices. On one side, anti-moderation advocates opine that social media platforms have a distinct and pervasive bias in moderating user content and viewpoints indiscriminately. On the other side, many advocates contend that social media platforms …
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner
Student Journal of Information Privacy Law
The growth of the Internet of Things (IoT) poses new and substantial security risks for individual and national security. The IoT leaves networks susceptible to hacking, a form of unauthorized access into another person’s system or device. All devices that use the IoT are at risk of unauthorized access—a few examples include vehicles or medical devices. Currently, there are no regulations requiring corporations to protect their software from unauthorized intrusions. However, the current tort landscape does not allow for individuals to recover when there are unauthorized network intrusions where there is no tangible harm. This paper discusses why cybersecurity intrusions …
Taking Matters Into Your Own Hands; Using The Private Rights Of Action In Udap Statutes To Hold Businesses Accountable For Data Breaches, Deirdre Sullivan
Taking Matters Into Your Own Hands; Using The Private Rights Of Action In Udap Statutes To Hold Businesses Accountable For Data Breaches, Deirdre Sullivan
Student Journal of Information Privacy Law
The private rights of action in state unfair and deceptive acts and practices (UDAP) laws present a promising way for consumers to recover after a data breach. Plaintiffs’ attorneys have faced challenges in pleading data breach claims under negligence, unjust enrichment, and state data breach notification theories—significantly their challenges stem from issues with standing. UDAP statutes, modeled after s.5 of the FTC Act, present a plausible path to recovery for plaintiffs, with more success in regard to issues of standing. This paper will analyze UDAP claims in four different states and explore the success plaintiffs have had so far, and …
Editorial Board Vol. 2. No.1 (2024), Hannah Babinski Editor-In-Chief
Editorial Board Vol. 2. No.1 (2024), Hannah Babinski Editor-In-Chief
Student Journal of Information Privacy Law
Masthead Editorial Board Vol. 2. No.1 (2024)
An Inadequate Band-Aid: Existing Privacy Law Has Uncertain Application To Web-Scraped Personal Information Used To Train Ai, Jody L. Eckman
An Inadequate Band-Aid: Existing Privacy Law Has Uncertain Application To Web-Scraped Personal Information Used To Train Ai, Jody L. Eckman
Student Journal of Information Privacy Law
To legislate high-growth technology requires fine-tuned balance, but the current state of AI legislation swings in favor of AI providers given U.S. lawmakers near non-existent response. From healthcare to education, the financial industry to the legal field, AI has gained a grip stronger than any legal band-aid lawmakers might believe to be in place and protecting consumers. I argue that based on a survey of current U.S. legislation, AI providers are being given the chance to have their cake and eat it too at the expense of consumers’ rights. Such a perfectly permissible feast is why lawmakers must promptly and …
The Right To Privacy And The Japanese Constitution, Mark A. Sayre
The Right To Privacy And The Japanese Constitution, Mark A. Sayre
Student Journal of Information Privacy Law
Much focus has been placed on the rapid adoption of laws and regulations governing information and data privacy around the globe. While such laws and regulations are undoubtedly critical in quelling increasing concerns about invasions of privacy enabled by technological advancements, a focus on new laws and regulations alone overlooks a critical and more foundational source of privacy rights—national constitutions. This paper analyzes whether a right to privacy exists under the Japanese Constitution and how the nature and scope of such a right is impacted by Japanese culture. An overview of key early court cases framing the right to privacy …
Respect My Authority: The Past, Present, And Future Of The Public Authority, Tom J. Letourneau
Respect My Authority: The Past, Present, And Future Of The Public Authority, Tom J. Letourneau
Ocean and Coastal Law Journal
This comment synthesizes various historical aspects of motor vehicle infrastructure in the United States. The network of issues at play involves centuries of public policy decisions made at the local, state, and federal level, which twentieth century legal innovations hastened and curdled into the car culture we are all a part of today. The public authority is the paradigm of these legal innovations, but it has outlived its usefulness in the face climate change and burgeoning issues relating to urbanism.