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Articles 31 - 60 of 387380

Full-Text Articles in Law

Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda Feb 2018

Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda

Sustainable Development Law & Policy

No abstract provided.


The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith Feb 2018

The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith

Sustainable Development Law & Policy

Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.


Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely Feb 2018

Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely

Sustainable Development Law & Policy

No abstract provided.


About Sdlp Feb 2018

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Luke Trompeter, Ingrid Lesemann Feb 2018

Editor's Note, Luke Trompeter, Ingrid Lesemann

Sustainable Development Law & Policy

No abstract provided.


16th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law, William T. Gallagher Feb 2018

16th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law, William T. Gallagher

Intellectual Property Law

16th Annual Recent Developments in IP Law and Policy Conference
Golden Gate University School of Law
Program Schedule
February 23, 2018


Journal Staff Feb 2018

Journal Staff

Duke Law Journal

No abstract provided.


Resurrecting A Doctrine On Its Deathbed: Revisiting Federal Common Law Greenhouse Gas Litigation After Utility Air Regulatory Group V. Epa, Zachary Hennessee Feb 2018

Resurrecting A Doctrine On Its Deathbed: Revisiting Federal Common Law Greenhouse Gas Litigation After Utility Air Regulatory Group V. Epa, Zachary Hennessee

Duke Law Journal

This Note considers how the Supreme Court’s decision in Utility Air Regulatory Group v. EPA (UARG) may have created a new opening for federal common law nuisance litigation as a means to address climate change. The Court’s earlier decision in American Electric Power v. Connecticut (AEP) held that federal nuisance claims targeting greenhouse gas emissions were completely displaced by the Clean Air Act. However, the holding in AEP was premised on the assumption that the Clean Air Act uniformly addressed greenhouse gases throughout the statute. UARG upended this assumption, holding that there are sections of the Clean Air ...


Double Secret Protection: Bridging Federal And State Law To Protect Privacy Rights For Telemental And Mobile Health Users, Josh Sherman Feb 2018

Double Secret Protection: Bridging Federal And State Law To Protect Privacy Rights For Telemental And Mobile Health Users, Josh Sherman

Duke Law Journal

Mental health care in the United States is plagued by stigma, cost, and access issues that prevent many people from seeking and continuing treatment for mental health conditions. Emergent technology, however, may offer a solution. Through telemental health, patients can connect with providers remotely—avoiding stigmatizing situations that can arise from traditional healthcare delivery, receiving more affordable care, and reaching providers across geographic boundaries. And with mobile health technology, people can use smart phone applications both to self-monitor their mental health and to communicate with their doctors. But people do not want to take advantage of telemental and mobile health ...


Reputational Regulation, Kishanthi Parella Feb 2018

Reputational Regulation, Kishanthi Parella

Duke Law Journal

When organizations act in ways that offend the public interest, parties seeking to change that behavior traditionally turned to litigation to force these organizations to reform, whether by command or consent. For example, following Brown v. Board of Education , “structural reform litigation” forced large-scale organizations, from school boards to prisons, to change their practices. Similarly, federal prosecutors have used agreements with large corporations to introduce significant structural reforms.

This Article identifies an alternative strategy for organizational change that relies on the indirect reputational effects of litigation. Under this approach, organizational change does not result from court order or parties’ settlement ...


Data Privacy And Dignitary Privacy: Google Spain, The Right To Be Forgotten, And The Construction Of The Public Sphere, Robert C. Post Feb 2018

Data Privacy And Dignitary Privacy: Google Spain, The Right To Be Forgotten, And The Construction Of The Public Sphere, Robert C. Post

Duke Law Journal

The 2014 decision of the European Court of Justice in Google Spain controversially held that the fair information practices set forth in European Union (EU) Directive 95/46/EC (Directive) require that Google remove from search results links to websites that contain true information. Google Spain held that the Directive gives persons a “right to be forgotten.” At stake in Google Spain are values that involve both privacy and freedom of expression. Google Spain badly analyzes both.

With regard to the latter, Google Spain fails to recognize that the circulation of texts of common interest among strangers makes possible the ...


When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas Feb 2018

When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas

Exigence

This paper examines how the Endangered Species Act's measures to protect endangered species have resulted in increased rates of extinction. The author summarizes the concept of endangered keystone species and explains the processes and operations of the environmental legislation enacted to protect the species. The paper discusses the harmful consequences that certain laws have had on both species and humans, such as misappropriating resources to species that are not as endangered as others, and abusing regulations in manners that punish people for conservation efforts. By examining opposing arguments that favor increased regulation, this paper explains through data from leading ...


Hunting A Home: The Abandonment And Neglect Of Hunting Dogs, Jamie B. Walker Feb 2018

Hunting A Home: The Abandonment And Neglect Of Hunting Dogs, Jamie B. Walker

Exigence

Each year, an immeasurable number of hunting dogs are found in emaciated, malnourished or even abusive conditions due to neglect and abandonment by their owners. These dogs, primarily hounds, have increasingly become a burden on animal shelters and have cast a negative light on hunting with dogs, particularly in Virginia. The difficulty in identifying the owners of these dogs has stymied law enforcement and animal welfare authorities for years. Mandatory microchipping, now compulsory in England, may be the key to protecting talented working dogs from neglect, cruelty and abandonment by uncaring owners. These microchips can allow abandoned animals to lead ...


Dahlen V. Gulf Crews, Inc. 281 F.3d 487 (5th Cir. 2002) (Decided February 4, 2002, Cert. Denied 123 S.Ct. 261 (2002)), Jason Nielson Feb 2018

Dahlen V. Gulf Crews, Inc. 281 F.3d 487 (5th Cir. 2002) (Decided February 4, 2002, Cert. Denied 123 S.Ct. 261 (2002)), Jason Nielson

Admiralty Practicum

No abstract provided.


Northern Queen, Inc. V. Kathryn Kinnear 298 F.3d 1090 (9th Cir. 2002) (Decided Aug. 7, 2002), Mariya Link Feb 2018

Northern Queen, Inc. V. Kathryn Kinnear 298 F.3d 1090 (9th Cir. 2002) (Decided Aug. 7, 2002), Mariya Link

Admiralty Practicum

No abstract provided.


United States Of America V. James Joshua Thompson, Aka James Deas 282 F.3d 673 (9th Cir. 2002) (Decided March 4, 2002), George Schneider Feb 2018

United States Of America V. James Joshua Thompson, Aka James Deas 282 F.3d 673 (9th Cir. 2002) (Decided March 4, 2002), George Schneider

Admiralty Practicum

No abstract provided.


O'Hara V. Weeks Marine, Inc. 294 F.3d 55 (2d Cir. 2002) (Decided April 1, 2002), Yee Ling Elaine Lau Feb 2018

O'Hara V. Weeks Marine, Inc. 294 F.3d 55 (2d Cir. 2002) (Decided April 1, 2002), Yee Ling Elaine Lau

Admiralty Practicum

No abstract provided.


Stevedoring Services Of America V. Director, Office Of Workers' Compensation Programs 297 F.3d 797 (9th Cir. 2002) (Decided June 16, 1999), Brian F. Allen Feb 2018

Stevedoring Services Of America V. Director, Office Of Workers' Compensation Programs 297 F.3d 797 (9th Cir. 2002) (Decided June 16, 1999), Brian F. Allen

Admiralty Practicum

No abstract provided.


Cynthia B. Brown V. Stephen B. Colvin, M.D. Supreme Court Of New York, Appellate Division, First Department 291 A.D.2d 306 (Decided February 21, 2002), Monica Brescia Feb 2018

Cynthia B. Brown V. Stephen B. Colvin, M.D. Supreme Court Of New York, Appellate Division, First Department 291 A.D.2d 306 (Decided February 21, 2002), Monica Brescia

Admiralty Practicum

No abstract provided.


Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander Feb 2018

Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander

Florida Law Review

A “double-tap” drone strike involves bombing a target, waiting a period of five to twenty minutes, often during which first responders arrive, and then bombing the target a second or even third time. This Note argues that such attacks, by virtue of their indiscriminate nature, are likely serious violations of Common Article 3 of the Geneva Conventions of 1949, which prohibits targeting civilians, the wounded, or those placed hors de combat. Thus, such attacks are likely war crimes under international law and under the War Crimes Act of 1996, a U.S. law that criminalizes carrying out, or ordering to ...


A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren Feb 2018

A Man’S Home Is His Castle, But It Has A Secret Dungeon: Domestic Violence Victims Need An Amendment To Florida’S All-Party Consent Law, David K. Warren

Florida Law Review

Domestic violence is an epidemic that is occurring at alarming rates throughout the state of Florida and across the nation. Much of that abuse occurs behind closed doors inside the home where there are no witnesses. Because Florida law does not allow a person to record communications without the consent of everyone else involved, victims are forced to rely on uncorroborated verbal accusations when they report their abuse. Unfortunately, it is difficult to prosecute these cases because they turn into credibility contests where the abuser often has an unfair advantage and has learned how to manipulate the system. If the ...


Black Box Tinkering: Beyond Disclosure In Algorithmic Enforcement, Maayan Perel, Niva Elkin-Koren Feb 2018

Black Box Tinkering: Beyond Disclosure In Algorithmic Enforcement, Maayan Perel, Niva Elkin-Koren

Florida Law Review

The pervasive growth of algorithmic enforcement magnifies current debates regarding the virtues of transparency. Using codes to conduct robust online enforcement not only amplifies the settled problem of magnitude, or “too-much-information,” often associated with present- day disclosures, but it also imposes practical difficulties on relying on transparency as an adequate check for algorithmic enforcement. Algorithms are non-transparent by nature; their decision-making criteria are concealed behind a veil of code that we cannot easily read and comprehend. Additionally, these algorithms are dynamic in their ability to evolve according to different data patterns. This further makes them unpredictable. Moreover, algorithms that enforce ...


Counterspeech, Cosby, And Libel Law: Some Lessons About “Pure Opinion” & Resuscitating The Self-Defense Privilege, Clay Calvert Feb 2018

Counterspeech, Cosby, And Libel Law: Some Lessons About “Pure Opinion” & Resuscitating The Self-Defense Privilege, Clay Calvert

Florida Law Review

Using the recent federal district court opinions in Hill v. Cosby and Green v. Cosby as analytical springboards, this timely Article explores problems with the concept of pure opinion in libel law. Specifically, Hill and Green pivoted on the same allegedly defamatory statement attorney Martin Singer made on behalf of comedian Bill Cosby, yet the judges involved reached opposite conclusions regarding whether it was protected as pure opinion. Furthermore, this Article analyzes notions of counterspeech and the conditional self-defense privilege in libel law in arguing for shielding Singer’s statement from liability. Although the self- defense privilege was flatly rejected ...


The Fresh Start Canon, Jonathon S. Byington Feb 2018

The Fresh Start Canon, Jonathon S. Byington

Florida Law Review

A primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt. A rival policy is that the discharge of debt is a selectively conferred privilege that is not granted in some situations. For example, society is unwilling to pardon debt related to embezzlement or a domestic-support obligation. This “discharge restrictions” policy is manifested in part by the Bankruptcy Code’s exceptions to discharge. The U.S. Supreme Court has repeatedly recognized the tension between the fresh start and discharge restriction policies. It has sought to achieve a fair balance between these policies by ...


Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki Feb 2018

Judging Implicit Bias: A National Empirical Study Of Judicial Stereotypes, Justin D. Levinson, Mark W. Bennett, Koichi Hioki

Florida Law Review

American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars must seek to fully understand the role of implicit bias in judicial decision-making. Research from the field of implicit social cognition has long documented negative implicit biases towards a wide range of group members, some of whom may well be harmed in various ways across the legal ...


Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson Feb 2018

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson

Florida Law Review

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the ...


I Am Cait, But It's None Of Your Business: The Problem Of Invasive Transgender Policies And A Fourth Amendment Solution, Elise Holtzman Feb 2018

I Am Cait, But It's None Of Your Business: The Problem Of Invasive Transgender Policies And A Fourth Amendment Solution, Elise Holtzman

Florida Law Review

Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the transgender community the same as their lesbian, gay, and members of bisexual counterparts. This misunderstanding is even more prevalent in the legal context, resulting in a serious failure of courts to protect transgender individuals’ constitutional rights. This Note explores why the current legal treatment of transgender rights is inadequate. This Note then argues that the Fourth Amendment right to privacy should be construed outside of the criminal context and should be utilized ...


Who Watches This Stuff?: Videos Depicting Actual Murder And The Need For A Federal Criminal Murder-Video Statute, Musa K. Farmand Jr. Feb 2018

Who Watches This Stuff?: Videos Depicting Actual Murder And The Need For A Federal Criminal Murder-Video Statute, Musa K. Farmand Jr.

Florida Law Review

Murder videos are video recordings that depict the intentional, unlawful killing of one human being by another. Generally, due to their obscene nature, murder videos are absent from mainstream media. However, in the wake of Vester Lee Flanagan II's filmed murders of reporter Allison Parker and cameraman Adam Ward on live television, it is perhaps only a matter of time before murder videos become an acceptable form of entertainment. Further, Americans should be wary of potential "copycat" perpetrators and their thirst for infamy via immortalization on the Internet, as the free dissemination of murder videos provide extra incentive to ...


When Girls Play With G.I. Joes And Boys Play With Barbies: The Path To Gender Reassignment In Minors, Nicole Burt Feb 2018

When Girls Play With G.I. Joes And Boys Play With Barbies: The Path To Gender Reassignment In Minors, Nicole Burt

Florida Law Review

Currently, the process of gender reassignment in minors requires parental consent and the approval of a mental-health counselor. The actual treatment can begin with puberty blockers-which stall the beginnings of puberty-followed by hormone injections to transform the minor into the requested gender. The hormone injections are thought to have irreversible features, but the effects of these injections are largely untested. The final step, surgical reassignment, is seemingly limited to those over the age of eighteen. The process of reassignment in minors has seen a substantial increase nationwide over the past decade, although the exact number of those seeking reassignment is ...


One Person, One Weighted Vote, Ashira Pelman Ostrow Feb 2018

One Person, One Weighted Vote, Ashira Pelman Ostrow

Florida Law Review

This Article argues that weighted voting should be used to comply with the constitutional one-person, one-vote requirement while preserving representation for political units on the legislative body. First, this Article demonstrates that weighted voting satisfies the quantitative one-person, one-vote requirement by equalizing the mathematic weight of each vote. Second, this Article demonstrates that weighted voting has the potential to remedy several negative consequences of equal- population districts. Specifically, this Article argues that by preserving local political boundaries, weighted voting eliminates the decennial redistricting process that gives rise to claims of partisan gerrymandering, enables local governments to function both as administrative ...