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Ag Gag Past, Present, And Future, Justin F. Marceau 2015 Seattle University School of Law

Ag Gag Past, Present, And Future, Justin F. Marceau

Seattle University Law Review

While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti 2015 Seattle University School of Law

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Seattle University Law Review

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production ...


Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns 2015 Seattle University School of Law

Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns

Seattle University Law Review

Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.


Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner 2015 Seattle University School of Law

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to ...


Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini 2015 Seattle University School of Law

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may ...


Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser 2015 Seattle University School of Law

Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testimentary Wishes, Megan Moser

Seattle University Law Review

As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.


Note: The Case For Earmarks, Chelsea Fernandez Gold 2015 American University Washington College of Law

Note: The Case For Earmarks, Chelsea Fernandez Gold

Chelsea Fernandez Gold

Americans’ confidence in Congress has sunk to historical lows and it seems that dysfunction and ineptitude remain at an all-time high. But it is not just the public that is frustrated with Washington’s failures; it is members of the political elite themselves. While the dysfunction plaguing the Capitol can be attributed to any number of factors, it is the contention of this paper that one way to "fix" Washington is to end the ban on earmarks. The termination of earmarks in Congress, and their ultimate shift over to the executive branch, has contributed to the ineffectiveness of the legislature ...


Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith 2015 University of Pennsylvania Law School

Human Rights Treaties In And Beyond The Senate: The Spirit Of Senator Proxmire, Jean Galbraith

Faculty Scholarship

In 1995, Louis Henkin wrote a famous piece in which he suggested that the process of human rights treaty ratification was haunted by “the ghost of Senator Bricker” – the isolationist Senator who in the 1950s had waged a fierce assault on the treaty power, especially with regard to human rights treaties. Since that time, Senator Bricker’s ghost has proved even more real. Professor Henkin’s concern was with how the United States ratified human rights treaties, and specifically with the packet of reservations, declarations, and understandings (RUDs) attached by the Senate in giving its advice and consent. Today, the ...


What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer 2015 Pennsylvania State University

What The Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding Of Chemical Practices And Toxic Politics, Benjamin W. Cramer

Benjamin W. Cramer

Hydraulic fracturing, known colloquially as “fracking,” makes use of chemically-formulated fluid that is forced down a gas well at great pressure to fracture underground rock formations and release embedded natural gas. Many journalists, environmentalists, and public health advocates are concerned about what may happen if the fracking fluid escapes the well and contaminates nearby drinking water supplies. This article attempts a comprehensive analysis and comparison of all relevant fracking fluid disclosure regulations currently extant in the United States, and considers whether the information gained is truly useful for citizens, journalists, and regulators. In recent years the federal government and several ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. McDougall III 2015 Howard University School of law

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

School of Law Faculty Publications

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison 2015 The Catholic University of America, Columbus School of Law

House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison

Catholic University Law Review

Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.


Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros 2015 Loyola Law School - Los Angeles

Secession: The Contradicting Provisions Of The United Nations Charter – A Direct Threat To The Current World Order, N. Micheli Quadros

N. Micheli Quadros

The preamble of the United Nations' Charter (hereinafter UN Charter) presents its members declaration under which justice and respect for international law and the international community is supposed to be maintained. To date, the United Nations (UN) has failed to ensure international peace by allowing powerful states to infringe upon other nations’ territorial integrity and manipulate individuals to exercise their right of self-determination.

Outdated, redundant and vague provisions that proved their inefficiency have plagued the UN Charter. Chapter I, Art 1 § 2 of the UN Charter, states that one of the main purpose of the UN is “to develop friendly ...


Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin 2015 University of Dayton

Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin

Patrick Martin

In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date ...


"Responsiveness" As A Measure Of Representation, John G. Matsusaka 2015 USC Marshall School of Business

"Responsiveness" As A Measure Of Representation, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

The study of representation requires being able to measure representation. The concept to be measured, in the abstract, is the distance or “congruence” between legislators and their constituents, but data limitations often preclude measuring congruence directly. A popular alternative is to regress legislator roll call votes on a proxy for constituent preferences, with the coefficient labeled “responsiveness.” Previous research has shown that there is no theoretical connection between the responsiveness coefficient and congruence. This paper investigates if there is an empirical connection between the responsiveness coefficient and congruence. I study 3,242 roll call votes on state laws that were ...


The Precarious Link Between Legislators And Constituent Opinions: Evidence From Matched Roll Call And Referendum Votes, John G. Matsusaka 2015 USC Marshall School of Business

The Precarious Link Between Legislators And Constituent Opinions: Evidence From Matched Roll Call And Referendum Votes, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

This paper tests theories of representation by studying laws that were challenged by referendum. For these laws, we can compare legislator roll call votes and citizen votes on the same law. In a sample of 3,242 roll call votes on 25 laws in nine states, I find that legislators voted congruent with majority opinion in their district 67 percent of the time, so representation generally “worked.” However, when legislator preferences differed from district opinion on an issue, legislators voted congruent with district opinion only 28 percent of the time. Electoral pressure measured by vote margin, proximity of next election ...


Diversity And The Federal Workforce, Alev Dudek 2015 Western Michigan University

Diversity And The Federal Workforce, Alev Dudek

Alev Dudek

In a society based on merit, everyone would be judged by their qualifications and would have equal access to employment opportunities, without limitations based on gender, race, ethnicity, national origin, accent, sexual orientation, and similar protected or non-protected traits. Ideally, the diversity of a workforce would match the make-up of the population, and most importantly, diversity would be scattered proportionally across all income levels.

This paper is examining access to equal opportunity through the example of the federal government. As the nation’s largest employer, the government of the United States has not only an opportunity to demonstrate how access ...


Introduction: The Burden Of Modern Democracy, Samuel Issacharoff 2015 NYU School of Law

Introduction: The Burden Of Modern Democracy, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

Twenty five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy?

Embattled democracy is the subject matter of a new book, Fragile Democracies: Contested Power in the Era of Constitutional Courts. This book argues that the most distinctive antidote to authoritarianism in the post-1989 period ...


"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson 2015 Bates College

"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson

Honors Theses

Since the shooting death of Michael Brown in Ferguson, Missouri in August 2014, there has been a renewed national conversation on relations between law enforcement and communities of color. Subsequent shooting deaths of Black individuals, followed by grand jury non-indictments, have shifted the conversation to a systemic critique, revealing to some, and reminding others, of the deeply racialized nature of criminal justice in the United States. This thesis project is a work of American Political Development that analyzes the racialized developmental of the criminal justice system in the United States, providing context to the recent national conversation. Its purpose is ...


Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim 2015 American University Washington College of Law

Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim

Margaret M. Kim

On April 16, 2015, legislation to reauthorize Trade Promotion Authority (TPA) was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015 or the Legislation) in the House and the Senate. TPA, formerly known as the fast-track authority, refers to “[the] authority of the U.S. president to negotiate international agreements that Congress can approve or disapprove, but not amend or filibuster.” TPA was last renewed under the Trade Act of 2002 during the George W. Bush Administration. Until it expired on July 1, 2007, eleven Free Trade Agreements (FTAs) were implemented under the supervision of President ...


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