Cornell Law School
University of Miami Law School
Yale Law School
Faculty of Law, Monash University
Penn State University
University of Georgia School of Law
World Maritime University
DePaul University
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective,
2018
U.S. Naval War College
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not ...
Courts Have Gone Overboard
In Applying The Maritime Drug
Law Enforcement Act,
2018
Fordham University School of Law
Courts Have Gone Overboard In Applying The Maritime Drug Law Enforcement Act, Elaina Aquila
Fordham Law Review
The Maritime Drug Law Enforcement Act (MDLEA), enacted through Congress’s power to “define and punish . . . Felonies Committed on the high Seas,” prosecutes individuals for drug trafficking “on board” vessels. Individuals often raise jurisdictional defenses in U.S. courts when prosecuted under MDLEA, and scholarship in the area argues about whether the Constitution permits MDLEA to reach drug traffickers who are on the high seas. Recently, courts have begun using MDLEA to prosecute foreign nationals located in a foreign nation who are not on board a vessel as conspirators. However, no court has fully examined Congress’s authority to enact ...
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia,
2018
St. Mary's University School of Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Failure Of International Law In Palestine,
2018
St. Mary's University School of Law
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Hawai'i Wildlife Fund V. County Of Maui,
2018
Alexander Blewett III School of Law at the University of Montana
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land and Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also ...
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement,
2018
American University Washington College of Law
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian
Sustainable Development Law & Policy
No abstract provided.
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals,
2018
American University, Washington College of Law
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook
Sustainable Development Law & Policy
No abstract provided.
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development,
2018
American University, Washington College of Law
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan
Sustainable Development Law & Policy
No abstract provided.
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators,
2018
American University, Washington College of Law
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
Sustainable Development Law & Policy
No abstract provided.
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected,
2018
American University Washington College of Law
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Sustainable Development Law & Policy
No abstract provided.
Anthropogenic Noise And The Endangered Species Act,
2018
American University, Washington College of Law
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry,
2018
Lewis & Clark Law School
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,
2018
American University Washington College of Law
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,
2018
American University Washington College of Law
Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2018
American University Washington College of Law
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions,
2018
University of Pennsylvania Law School
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Faculty Scholarship
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law,
2017
Brooklyn Law School
An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe
Brooklyn Journal of International Law
As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to ...
Due Process Abroad,
2017
University of Georgia School of Law
Due Process Abroad, Nathan S. Chapman
Northwestern University Law Review
Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. In February, the Supreme Court heard oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican teenager across the border. At the same time, federal courts across the country scrambled to evaluate the constitutionality of an Executive Order that, among other things, deprived immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause—the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, or property ...
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud,
2017
Boston College Law School
Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert
Boston College Law Review
Worldwide seafood markets have a major problem: too often, the seafood listed on the menu is of a different species than what is served. This phenomenon—known as seafood fraud—and the related practice of illegal, unreported, and unregulated fishing threatens the sustainability of our oceans, poses health risks to consumers, and forces consumers to pay a high price for a cheap product. Previous domestic and international efforts to combat this issue have failed for a number of reasons, including the international nature of the industry, a byzantine supply chain, the large number of entities responsible for combatting the issue ...
