Digital Commons Network^™

Equity Along The Yellowstone, Jason Anthony Robison

University of Colorado Law Review

No abstract provided.

Great Salt Lake And The Future Of Environmental Law, Brigham Daniels, Elisabeth Parker, Karigan Börk, Andrew P. Follett, Danny Dudley

University of Colorado Law Review

No abstract provided.

The Cost Of Pfas Cleanup In Waterways: Who Pays And How, Sarah E. Mische

University of Colorado Law Review

No abstract provided.

The Military’S Constitutional Role, Brenner M. Fissell

North Carolina Law Review

No abstract provided.

The Migration Of Abolition Theory, Matthew Boaz

North Carolina Law Review

No abstract provided.

Re-Defining Direct Copyright Infringement In The Digital Age: The Shortcomings Of Abkco, Inc. V. Sagan's "Presses The Button" Standard, Shelby Mcswan

Buffalo Law Review

This Comment offers a broader reading of direct copyright infringement. The definition of a direct infringer must go beyond the person who “presses the button,” and extend to those who authorize, instruct, or force another to commit an act of infringement. A broader reading not only ensures that direct liability in copyright law is uniform with other areas of the law, but it also ensures that copyright law protects those who it was meant to protect and punishes those who are truly at fault. Part I of this Comment provides history and background information on the development of intellectual property …

Restorative Justice And Building Communities Of Radical Belonging In The Law School Classroom, Aparna Polavarapu

Scholarly Works

No abstract provided.

"A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Scholarly Works

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Restorative Justice In Legal Education, Lindsey Pointer, Aparna Polavarapu, Alanna Ojibway

Scholarly Works

No abstract provided.

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Scholarly Works

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …

Unpunishment Purposes, Meredith B. Esser

Scholarly Works

Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile and disconnected from the realities of how violent, disproportionate, and dehumanizing the actual experience of incarceration is for many people, and tend to downplay the impact of incarceration on the families and communities of those who are incarcerated. This Article attempts to reconceptualize the traditional purposes of punishment to meet the current historical moment, and it does …

Booze, Bars, And Bias: Anti-Blackness In Liquor Licensing Enforcement, Angela E. Addae

Washington and Lee Law Review

This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the punitive disposition toward Black entertainment businesses is not just a contemporary phenomenon; rather, it is a set of practices rooted in centuries of exclusion and regulatory abuse.

Over the past two centuries, state liquor licensing agencies have emerged as contentious battlegrounds where legal, social, and economic factors converge—often to the detriment of …

The Crumbley Precedent: When Florida Parents Should Face Involuntary Manslaughter Charges In School Shootings, Sophie Hayman

Nova Law Review

No abstract provided.

A Human Right To A Sustainable Climate?, Ottavio Quirico

William & Mary Environmental Law and Policy Review

Is a fundamental right to a sustainable climate progressively being recognized globally? Climate change is triggering parallel progressive developments in the human rights arena at both the domestic and international levels. Firstly, it is fostering an extensive interpretation of first- and second-generation human rights, protecting collective environmental interests rather than individual entitlements. Secondly, climate change has decisively accelerated the evolution of first and second generation human rights into a third generation right to a sustainable environment. Thirdly, emerging evidence discloses the possibility of conceiving a specific human right to a sustainable climate. This Article explores the trajectory of climate rights …

A Cause For Confusion: The Computer Fraud And Abuse Act, Jake S. Blumstein, Jonathan M. Bornstein, Luis A. Duran

Nova Law Review

No abstract provided.

I Hate Self-Care: A Criminal Defense Lawyer’S Lament, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Don’t get me wrong—I think people should take care of themselves. They should eat well, exercise regularly, and get a good night’s sleep. They should spend time with friends and family. They should have hobbies and interests. With any luck, they should find true love. But in the past decade or two, and especially since the COVID pandemic, there has been a disturbing turn inward. I’m talking about the “self-care” craze, which has become its own pandemic, or at least epidemic.

…

In this Essay, I share my concerns about what I regard to be an excessive focus on self-care …

War Crime Or Ecocide? Ukraine’S Prosecution Of Environmental Crimes Committed By Russian Forces, Michael J. Kelly

Emory International Law Review

No abstract provided.

Physicists As Environmental Experts, Rachel Rothschild

Articles

The question of which scientists are qualified to provide expert guidance in legal controversies is a perennial debate among scholars, judges, and lawyers. Scientists who participate in legal disputes can achieve enormous power and influence, not only over the case at hand but over long-term developments in legal doctrine. While these issues arise in many areas of the law, environmental litigation has been a particularly active site of contestations over epistemic authority. Courts have frequently relied on scientists to understand whether the government is justified in regulating pollution and who may be liable for environmental and public health harms.

This …

The Transnationalisation Of Civil Society In East Asia’S War Redress Movement, Timothy Webster

Faculty Scholarship

Transnational human rights litigation is commonly associated with developments in Europe and the Americas during the 1990s. But Asian actors have used legal mobilisation to hold corporate actors to account since at least the 1970s. This chapter charts the first usages of transnational litigation in East Asia’s Word War II redress movement, akin to the Holocaust Restitution movement of the West. Korean and Chinese forced labourers liaised with Japanese attorneys, activists and academics to press compensation claims against Japanese corporations for wartime human rights abuses in Tokyo. Legal mobilisation did not succeed in the traditional sense. Yet, the formation of …

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

On The Wax: How Prosecutors Weaponize Rap Lyrics At Trial, Jasmine Ross

City University of New York Law Review

In the last few years news headlines have been filled with stories of high-profile trials in which celebrity rappers like Young Thug, Tekashi 6ix9ine (now “6IX9INE”) and Bobby Shmurda have been confronted by prosecutors with lyrics they wrote. Of course, the use of rap lyrics in these trials is no accident. Since the 1990s criminal defendants who happen to pen rap lyrics are increasingly likely to have their lyrics admitted against them at trial. This is happening all over the country—in federal and state courts—at every stage of criminal proceedings. This Note will focus on the use of rap lyrics …

The Ill-Fated History Of Animal Protection Laws: Why Congress Must Create An Animal Protection Agency, Melissa Baines

Animal Law Review

Over the years, the United States Congress has passed several federal laws with the intention of protecting animals from being subjected to inhumane treatment by humans. Such laws have great potential to create positive change for animals, but all of these laws have been delegated to inappropriate government agencies for oversight and enforcement. It is time to finally remove the impossible task placed upon these federal agencies—who have been asked to carry out their own stated mandates while also promulgating rules that effectuate animal protection laws in conflict with those same mandates—by creating a federal Animal Protection Agency with the …

Front Matter

Animal Law Review

Front Matter contains Title Page, Masthead and Table of Contents for Animal Law Review Volume 31, Issue 1.

A Market-Based Approach To Effective Slaughterhouse Line Speed Regulation, Kailey Mcneal

Animal Law Review

The nature of animal agriculture in the United States is heavily industrialized and profit-centered. Industrial animal agriculture maximizes profits and production by employing low-wage workers to do significant loads of labor. Slaughterhouses’ implementation of faster line speeds reflects this tactic. As the industry continues to increase line speeds to boost profits, workers, animals, and the environment continue to face augmented risks to their health and safety. Nonetheless, slaughterhouse line speeds at the federal level remain largely un- and under-regulated. The current federal regulatory scheme is unduly influenced by industry interests, prioritizes profit over safety, and lacks effective enforcement mechanisms. Through …

Leaving Pawprints On Our Hearts: Bystander Recovery For Witnessing The Negligent Killing Of A Companion Animal, John G. Browning

Animal Law Review

According to the Pew Research Center, nearly all (97%) Americans with companion animals consider their “furbabies” to be members of the family. This is reflected in a number of other areas, from state and federal laws re-garding emergency management that recognize four-legged members of the family unit to divorce and custody laws in multiple states that require courts to treat companion animals not as property, but as family members. Soci-ologists and psychologists have also documented the expanding recognition of the “multispecies family.” However, the majority of states’ laws still view companion animals as chattel property, even as more and more …

Minor V. Happersett, Dobbs V. Jackson Women's Health Organization, And The Supreme Court's Refusal To Reconstruct America, Henry L. Chambers, Jr.

Law Faculty Publications

One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v. Happersett. In Minor, the Court ruled Missouri could continue to deny women the right to vote based on their sex. The decision was simply reasoned. In the absence of clear constitutional text requiring Missouri to provide the right to vote to women or proof that the right to vote was a right of citizenship, Missouri had no obligation to allow women to vote. Some states had banned women citizens from voting since the country’s founding. Missouri …

Anti-Democratic Rights Of Nature, Noah M. Sachs

Law Faculty Publications

The global Rights of Nature (RoN) movement, which seeks to confer enforceable rights on organisms and ecosystems, has become a political force, and governments are now codifying legal rights for nature in legislation. But policymakers and legal scholars are overlooking how assertions of vague rights held by a limitless class of non-humans could lead to repressive, anti-democratic outcomes. Many scholars view recognition of nature’s rights as an expansion of the boundaries of democracy, but a critical examination of RoN scholarship and advocacy shows that RoN principles are designed to check and constrain democratic institutions. Core tenets of the RoN movement …

Procedural Political Economy, Luke P. Norris

Law Faculty Publications

When the Federal Rules of Civil Procedure came into being in 1938, a broad political economy discourse was driving significant legal and policy reform efforts. Legal scholars, economists, political leaders, and others placed questions of economic power and their relationship to democracy at the center of those reform efforts, honing and developing a political economy tradition that is a forebearer to today’s law-and-political economy (LPE) approach. Both then and today, the relationship of civil procedure to these trends has not been fully mined. This Article tells a vital part of that story, tracing the federal civil procedure system’s political economy …

Social Murder And The Antisocial Contract, Marissa Jackson Sow

Law Faculty Publications

Social murder is widely understood as the reckless and calculated killing by the State of people who are considered surplus and thus made redundant by the State. It is not merely an outcome, however; social murder, is an antidemocratic process, and—certainly as it is manifesting in the United States under the second Trump Administration—is also an anti-constitutionalist project aimed at destroying society, eliminating social goods, and renegotiating an American social contract that is, definitionally, antisocial. Social murder is as much about the elimination of social life as it is about the interruption of physical life. And it is fueled by …

The Discord Dilemma: Section 230'S Free Pass For Internet Providers Sanctioning Online Extremism, Claira L. Cooper

Law Student Publications

This Article examines the relationship between the blanket immunity for internet providers guaranteed by Section 230 of the Communication Decency Act and the rise of online extremism on gaming adjacent platforms. This Article analyzes multiple recent events incited by extremists on the gaming platform, Discord, and the real-life consequences that arise when extremism is allowed run rampant on platforms. This Article argues that Section 230, in its current form, enables platforms to turn a blind eye to illegal conduct on their website by avoiding moderation, thus making it clear that Section 230 is in dire need of an update to …