Law Commons^™

Employing Older Prisoner Empirical Data To Test A Novel S 7 Charter Claim, Adelina Iftene

Articles, Book Chapters, & Popular Press

This article builds the case for expanding s 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners’ security of the person, and sometimes their lives, in ways that violate their rights under s 7, since the deprivations they suffer result from legislative policies and state conduct …

Delineating Victims From Perpetrators: Prosecuting Self-Produced Child Pornography In Youth Criminal Justice Systems, Bryce Westlake

Faculty Publications

Video recording technology advancements and accessibility has been paralleled by a growth in self-produced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce non-sexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad …

Decriminalization Of Prostitution Policy: Amnesty International Punishes A Dissenting Member, Marcia R. Lieberman

Dignity: A Journal of Analysis of Exploitation and Violence

In 2016, Marcia Lieberman, a local group coordinator for Amnesty International, USA, was expelled by the board of directors for speaking out publicly against the new Policy on the Decriminalization of Sex Work. Amnesty used a little-known rule that prohibits a member from publicly opposing a position that Amnesty has taken. Lieberman writes about her experience and her view that Amnesty violated its fundamental principle of protecting free speech to silence her dissent.

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main basis for …

Eulogizing Renewable Energy Policy, Lincoln L. Davies

Utah Law Faculty Scholarship

Across the globe, renewable energy policy is changing. The change is coming so quickly that it appears the world is now on the cusp of a new future. The renewable energy policy of the past is on its way out; a new and different policy is taking its place. That new policy has different end goals, implementing mechanisms, and strategies than its predecessors. This is not just policy evolution but a policy revolution. The labels of the past soon no longer will apply because they are being merged and blurred — and replaced. Using the U.S. electricity sector as its …

Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer

University of Arkansas at Little Rock Law Review

No abstract provided.

Crashworthiness: The Collision Of Sellers' Responsibility For Product Safety With Comparative Fault, F. Patrick Hubbard, Evan Sobocinski

Faculty Publications

Crashworthiness cases often involve the following issue: Should any wrongdoing by the plaintiff in causing the initial collision reduce or bar the plaintiff’s recovery for defective crashworthiness? Jurisdictions disagree on the answer to this issue. This disagreement results in large part from differing positions on two questions. First, should products liability law use duty rules to impose liability in a way that ensures efficient accident cost reduction or should it seek fairness through relatively unstructured jury allocations of liability based on fault? Second, in addressing the first issue, should for-profit corporations be viewed as: (1) “tools” to achieve human goals …

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron

St. John's Law Review

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …

Requirements For A Renewables Revolution, Felix Mormann

Felix Mormann

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

Smarter Finance For Cleaner Energy: Open Up Master Limited Partnerships (Mlps) And Real Estate Investment Trusts (Reits) To Renewable Energy Investment, Felix Mormann, Dan Reicher

Felix Mormann

This policy proposal makes the case for opening Master Limited Partnerships (MLPs) and Real Estate Investment Trusts (REITs) — both well-established investment structures — to renewable energy investment. MLPs and, more recently, REITs have a proven track record for promoting oil, gas, and other traditional energy sources. When extended to renewable energy projects these tools will help promote growth, move renewables closer to subsidy independence, and vastly broaden the base of investors in America’s energy economy.

Mobilizing Public Markets To Finance Renewable Energy Projects: Insights From Expert Stakeholders, Paul Schwabe, Michael Mendelsohn, Felix Mormann, Douglas J. Arent

Felix Mormann

Financing renewable energy projects in the United States can be a complex, time consuming, and expensive process. Currently, most equity investment in new renewable power production facilities is supported by tax credits and accelerated depreciation benefits, and is constrained by the pool of potential investors that can fully use these tax benefits and are willing to engage in complex financial structures. For debt financing, non-government lending to renewables has largely been provided by foreign banks that may be under future lending constraints due to economic and regulatory conditions.

To discuss these and other renewable energy financing challenges and to identify …

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann

Felix Mormann

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.

Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that …

Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann

Felix Mormann

This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.

The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …

Policy Considerations And Implications In United States V. Bryant, Jessica Larsen

Northwestern Journal of Law & Social Policy

No abstract provided.

An Analysis Of International Agreements Over Cybersecurity, Lucas Ashbaugh

Electronic Theses and Dissertations

Research into the international agreements that increase cooperation over cybersecurity challenges is severely lacking. This is a necessary next step for bridging diplomatic challenges over cybersecurity. This work aspires to be push the bounds of research into these agreements and offer a tool that future researchers can rely on. For this research I created, and made publicly available, the International Cybersecurity Cooperation Dataset (ICCD), which contains over 350 international cybersecurity agreements and pertinent metadata. Each agreement is marked per which subtopics within cybersecurity related agreements it covers. These typologies are:

• Discussion and Dialogue

• Research

• Confidence Building Measures

• Incident Response

• Crime …

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California Energy Policy Alternatives For Commercial Buildings To Create Energy Resiliency, Reduce Carbon Emissions, And Lessen Dependency On Electrical Utilities For The Future California Economy, Russell Garcia

Dissertations

Purpose: The purpose of this Policy Delphi study was to identify and assess the energy efficiency policies for commercial buildings in California that experts believe are most important and likely to be implemented by the year 2025 to create energy resiliency, reduce carbon emissions, and lessen dependency on electrical utilities in the future California economy. Methodology: The methodology for this Policy Delphi study was descriptive, and used to forecast the future relative energy policy for energy efficiency in commercial buildings in California. Inside the theoretical framework of policy analysis, this Policy Delphi study was designed around the insights of a …

Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent

Dalhousie Law Journal

The general purpose of the current study was to collect data on physicians' attitudes towards Act 39, the medical aid-in-dying act that was legislatively approved in 2013. Given the recent nature of the implementation of Act 39, this is the first such study to be conducted in the State of Vermont. The survey was quantitative in nature and addressed three distinct aspects of legalized prescribing of life-ending medication, these being physicians': (I) attitudes regarding ethics and legality of Act 39, (11)understandings of the policies and procedural requirements under the law, including their belief in legal immunity from penalty, and (I1) …

Costs And Benefits Of Investment Treaties: Practical Considerations For States, Lise Johnson, Jesse Coleman, Brooke Guven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn Stout, Sergio Gramitto

Seattle University Law Review

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the “externalization” of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.

Brief Of Tax Law Professors As Amici Curiae In Support Of Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici are professors of tax law at universities across the United States. As scholars and teachers, they have considered the doctrinal roots and practical consequences of judicial limits on state and local taxation. Amici join this brief solely on their own behalf and not as representatives of their universities. A full list of amici appears in the Appendix to this brief.

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.

Political Rhetoric And Minority Health: Introducing The Rhetoric-Policy-Health Paradigm, Kimberly Cogdell Grainger

Saint Louis University Journal of Health Law & Policy

Rhetoric is a persuasive device that has been studied for centuries by philosophers, thinkers, and teachers. In the political sphere of the Trump era, the bombastic, social media driven dissemination of rhetoric creates the perfect space to increase its effect. Today, there are clear examples of how rhetoric influences policy. This Article explores the link between divisive political rhetoric and policies that negatively affect minority health in the U.S. The rhetoric-policy-health (RPH) paradigm illustrates the connection between rhetoric and health. Existing public health policy research related to Health in All Policies and the social determinants of health combined with rhetorical …

2018-2019, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …

Defining The Opioid Epidemic: Congress, Pressure Groups, And Problem Definition, Taleed El-Sabawi

Faculty Publications

The passage of the Comprehensive Addiction and Recovery Act of 2016 evidences a shift in federal legislative support from criminal justice oriented legislative alternatives to more health oriented legislative alternatives to addressing the ongoing Opioid Epidemic. Such a shift was preceded by a redefinition of problem drug use in the policy discourse from an issue of deviancy to a health issue. However, the redefinition of problem drug use as a health issue, has been dominated by policy narratives and causal stories that do not define problem drug use in a manner that aligns with a multi-modal public health oriented legislative …

The Relevance Of Caste In Contemporary India: Reexamining The Affirmative Action Debate, Shambhavi Sahai, Shambhavi Sahai

CMC Senior Theses

With the changing significance of caste and caste identity, this thesis explores the role of affirmative action or "reservations" in Indian higher education. Specifically, it aims to reopen the debate on the dominance of a "creamy layer" among the OBCs in an increasingly nationalist India. Viewing caste through the lens of ethnic identity, this thesis draws comparisons between the identity of OBCs and Scheduled Castes and Tribes, OBCs of the "Hindi Belt" and OBCs of the South, followed by an analysis of the politicization of caste identity today. The thesis concludes with an evaluation of affirmative action today and possible …

Legal Deserts, Lauren Sudeall, Lise R. Pruitt, Danielle M. Conway, Michele Statz, Hannah Haksgaard, Amanda L. Kool

Vanderbilt Law School Faculty Publications

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …