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Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


Nondelegation Of Major Questions, Clinton T. Summers 2021 University of Arkansas, Fayetteville

Nondelegation Of Major Questions, Clinton T. Summers

Arkansas Law Review

The Supreme Court has many tools at its disposal to address improper delegations of legislative power by Congress to the executive branch. Two of these tools are the nondelegation doctrine and the major questions doctrine. The nondelegation doctrine is a sledgehammer. Able to declare entire statutory provisions unconstitutional, its ability to do a lot of damage is perhaps the reason the Court never uses it. Indeed, the Court has only used it twice, both times in 1935. Although it’s old and rusty, the Court continues to keep it in the toolbox just in case. Since 1935, the Court has ...


A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony 2021 Elon University, Elon

A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony

Arkansas Law Review

The United States Supreme Court’s recent major abortion ruling in June Medical Services L.L.C. v. Russo was a win for abortion rights supporters, but a costly one. Although the June Medical Court struck down a Louisiana law requiring abortion doctors to have admitting privileges at a local hospital, a majority of the Justices—and most importantly, Chief Justice Roberts, whose concurrence constitutes the Court’s holding—stressed that Casey’s constitutional standard for pre-viability abortion regulations is not the amorphous balancing test the Court suggested in Whole Woman’s Health v. Hellerstedt, but a more deferential one ...


Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine 2021 Porter Wright Morris & Arthur

Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine

Arkansas Law Review

"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.


The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar 2021 Northwestern Pritzker School of Law

The Fourth Amendment Stripped Bare: Substantiating Prisoners' Reasonable Right To Bodily Privacy, Meher Babbar

Northwestern University Law Review

Prisoners’ rights to bodily privacy under the Fourth Amendment are limited, allowing detention officials to strip-search them for contraband. The extent to which the Fourth Amendment protects prisoners, however, is uncertain. Questions regarding whether strip searches require reasonable suspicion and the manner in which officials may conduct strip searches have troubled courts for decades. In the absence of clear guidance from the Supreme Court, courts have reached inconsistent conclusions, imperiling the human rights and dignity of prisoners. This Note argues that courts should define and apply prisoners’ rights to bodily privacy with reference to international human-rights law, specifically the United ...


Information Fiduciaries And Political Microtargeting: A Legal Framework For Regulating Political Advertising On Digital Platforms, Kimberly Rhum 2021 Northwestern Pritzker School of Law

Information Fiduciaries And Political Microtargeting: A Legal Framework For Regulating Political Advertising On Digital Platforms, Kimberly Rhum

Northwestern University Law Review

Digital technologies have taken individualized advertising to an unprecedented level. But the convenience and efficiency of such highly tailored content comes at a high price: unbridled access to our personal data. The rise of sophisticated data-driven practices, otherwise known as “Big Data,” enables large datasets to be analyzed in ways that reveal useful patterns about human behavior. Thanks to these novel analytical techniques, businesses can cater to individual consumer needs better than ever before. Yet the opportunities presented by Big Data pose new ethical challenges.

Significant scholarly research has examined algorithmic discrimination and consumer manipulation, as well as the ways ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Towards A Unified General Theory Of Law In The Arab And Islamic World- Prof. Mustafa Al - Jammal, 2021 United Arab Emirates University

Towards A Unified General Theory Of Law In The Arab And Islamic World- Prof. Mustafa Al - Jammal

Journal Sharia and Law

This study starts by observing the duplicity that exists in the legal culture in the Arab and Islamic world, stemming, as it does, from the interaction with western legal culture, while a t the same time preserving the Islamic legal culture . This study aims at opening the way to unify the two cultures, in such a manner that would serve pedagogic and educational purposes in a contemporary Islamic society. The projected study consists of consecutive essays, and begins with this essay which discusses the issue of the definition of law. This essay comprises four points: The first point criticizes the ...


Private Farms, Public Power: Governing The Lives Of Dairy Cattle, Jessica Eisen 2021 University of Alberta, Edmonton

Private Farms, Public Power: Governing The Lives Of Dairy Cattle, Jessica Eisen

Journal of Food Law & Policy

It is widely assumed that laws governing dairy productioninclude substantial protection of animals’ interests—that in some way the state is regulating the treatment of farmed animals and protecting them against the worst excesses of their owners’ selfinterest. In fact, across jurisdictions in Canada and the United States, the standards governing farmed animal protection are not established by elected lawmakers or appointed regulators, but are instead primarily defined by private, interested parties, including producers themselves. As scholars of animal law have noted, this has contributed to weak and ineffectual legal protection of the interests of farmed animals. The present study ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria 2021 Marrs, Ellis, and Hodge LLP

The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria

St. Mary's Law Journal

On March 11, 2020, Mayor of Houston, Sylvester Turner, (the Mayor) forced the Houston Livestock Show and Rodeo to close in order to slow the transmission rate of COVID-19 (coronavirus disease 2019). This use of the Mayor’s police powers caused a severe economic disruption, which the Rodeo is still recovering from today. This Article makes the case that the City’s forced closure of the Rodeo was a compensable taking under the Fifth Amendment to the U.S. Constitution and Article 1, Section 17 of the Texas Constitution—regardless of the fact the City acted pursuant to its police ...


Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman 2021 Western Kentucky University

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to ...


Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters 2021 University of Pennsylvania Carey Law School

Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters

Faculty Scholarship at Penn Law

At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory ...


No Rest For The Weary: A Survey Of Virginia's 2020 General Assembly Regular And Special Sessions, Samantha R. Galina 2021 University of Richmond

No Rest For The Weary: A Survey Of Virginia's 2020 General Assembly Regular And Special Sessions, Samantha R. Galina

Richmond Public Interest Law Review

This has been possibly the most historic year in the Virginia General Assembly in decades. During the regular session alone, 3,857 bills were introduced, spanning thousands of pages covering topics as vast as criminal justice reform to election laws to natural resource protection.1 As if that wasn’t enough, the General Assembly reconvened for a Special Session in August to address the COVID-19 pandemic, related budgetary changes, and a myriad of police conduct-related bills in response to the killing of George Floyd and the national Black Lives Matter movement. This article will provide a summary of some of ...


The Fight Over The Virginia Redistricting Commission, Henry L. Chambers Jr. 2021 University of Richmond

The Fight Over The Virginia Redistricting Commission, Henry L. Chambers Jr.

Richmond Public Interest Law Review

In its 2020 regular session, Virginia's General Assembly debated whether to send to Virginians a constitutional amendment that transfers the General Assembly’s redistricting responsibility to a newly created Virginia Redistricting Commission (VRC). The VRC is a bipartisan commission of legislators and citizens that will redraw electoral districts before sending them to the General Assembly for up-or-down ratification without alteration. If a supermajority of the VRC fails to agree on redistricted maps or the General Assembly fails to approve the maps, the Virginia Supreme Court will draw the districts. The amendment triggered a fight over how to redistrict, how ...


Remembering The Ladies: Taking A Look At Some Of Virginia's Most Notable Female Leaders As Virginia Fights For Recognition Of The Equal Rights Amendment, Michelle Kallen, Jessica Merry Samuels, Morgan Maloney 2021 University of Richmond

Remembering The Ladies: Taking A Look At Some Of Virginia's Most Notable Female Leaders As Virginia Fights For Recognition Of The Equal Rights Amendment, Michelle Kallen, Jessica Merry Samuels, Morgan Maloney

Richmond Public Interest Law Review

In January 2020, Virginia ratified the Equal Rights Amendment, fulfilling the constitutional ratification requirements and thus enshrining it as the Twenty-Eighth Amendment to the United States Constitution. This article seeks to highlight and explore the lives and contributions of some of the Virginia women who paved the way for this monumental achievement and shaped our nation and our Commonwealth. From Pocahontas to Barbara Johns and the women of the Virginia Military Institute, the history of Virginia women has been one of grit and determination even in the face of subjugation and exploitation. This article seeks to amplify their voices and ...


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