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Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson 2024 Seton Hall University

Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson

Student Works

No abstract provided.


Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross 2024 Seton Hall University

Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross

Student Works

No abstract provided.


The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk 2023 University of California, Hastings College of the Law

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

Hastings Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts as …


“Cancel Culture” And Criminal Justice, Steven Arrigg Koh 2023 University of California, Hastings College of the Law

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Hastings Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …


James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter 2023 American University Washington College of Law

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …


Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones 2023 The University of Southern Mississippi

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to …


Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar 2023 California State University San Bernardino

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found …


Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones 2023 Bridgewater College

Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones

Honors Projects

DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.


Foreword, Jessica Silbey 2023 Boston University School of Law

Foreword, Jessica Silbey

Faculty Scholarship

Most of us think we are familiar with graffiti – lettering on trains or graphic images on walls that follow us as we walk by. But Enrico Bonadio’s new book on graffiti and street art opens a door to more complex and nuanced worlds of artists and their communities. The focus is on everyday creators of graffiti and street art. Built from nearly 100 interviews and hundreds of hours of observation, the book is filled with the voices of artists and vivid details of their plein air studios and interactions. Also present in the book is the author, who weaves …


Against Progress: Intellectual Property And Fundamental Values In The Internet Age, 2023 William & Mary Law School

Against Progress: Intellectual Property And Fundamental Values In The Internet Age

Stanley H. Mervis Lecture

No abstract provided.


A Bibliography Of Faculty Scholarship, Kathryn J. DuFour Law Library 2023 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the …


Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers 2023 The Graduate Center, City University of New York

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …


A Unique Path To Nationwide Paid Family And Medical Leave: Through The U.S. States, Yan Goodwin 2023 DePaul University

A Unique Path To Nationwide Paid Family And Medical Leave: Through The U.S. States, Yan Goodwin

DePaul Law Review

No abstract provided.


The Absurd Pandemonium Surrounding Spacs: An Argument In Favor Of Legislative And Judicial Restraint, Eric D. Guenther 2023 DePaul University

The Absurd Pandemonium Surrounding Spacs: An Argument In Favor Of Legislative And Judicial Restraint, Eric D. Guenther

DePaul Law Review

No abstract provided.


Segregation On-Demand: Limiting Discriminatory Municipal Incorporations, Shai Stern 2023 DePaul University

Segregation On-Demand: Limiting Discriminatory Municipal Incorporations, Shai Stern

DePaul Law Review

No abstract provided.


Reflections On Establishing The Depaul Law Review, Allen Moye 2023 DePaul University

Reflections On Establishing The Depaul Law Review, Allen Moye

DePaul Law Review

No abstract provided.


Volume 72, Issue I Cover Matter, 2023 DePaul University

Volume 72, Issue I Cover Matter

DePaul Law Review

No abstract provided.


Covid-19 Policies & Their Impact On Housing And Health Outcomes In The City Of Chicago, Khushbu Patel 2023 DePaul University College of Law

Covid-19 Policies & Their Impact On Housing And Health Outcomes In The City Of Chicago, Khushbu Patel

DePaul Journal of Health Care Law

The COVID-19 mandates and policies that were implemented by both the state of Illinois and the City of Chicago, such as the eviction moratorium, dramatically improved health outcomes by alleviating the financial stress of many households. Discussing social determinants of health and evaluating the impact that each social determinant had on housing and health outcomes allows for an in-depth look at the overall concept of housing in Chicago and the health outcomes of low-income individuals. Comparing the housing laws in place before COVID-19 at the federal, state, and local levels allows for analyzing the impact of the COVID-19 policies and …


A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May 2023 DePaul University

A Case For Brandeisian Federalism: The Erisa Preemption Clause And State Health Care Reform, Jordan May

DePaul Journal of Health Care Law

The United States spends more for health care per capita than any other country in the world. Despite spending more, the United States has weaker health care outcomes than other similarly developed countries. This fact alone makes health care an important subject for policy reform. Given the current partisan gridlock in Congress, it is difficult to foresee any significant legislation in the area of health care reform at the federal level in the near future. As a result, Congress has allocated major health care reform efforts to the states. However, ERISA stands as a huge obstacle to state health care …


Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer 2023 Saint Louis University School of Law

Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer

SLU Law Journal Online

On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.


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