Digital Commons Network^™

Agritourism, Csas, And Direct To Consumer Sales, Julie Bowling, Rob Holland, Cari Rincker

Tennessee Journal of Law and Policy

No abstract provided.

National Agricultural Law Update, Cari Rincker

Tennessee Journal of Law and Policy

No abstract provided.

Developing Thick Skin: Pediatric Eczema In Vulnerable Communities And Fda Regulation Of Cosmetic Products, Abayomi Jones Md, Jd

Journal of Law and Health

Eczema is a common yet serious inflammatory skin condition affecting millions of children in the United States. Dark skin and/or African-American ethnicity are risk factors for increased eczema severity, most likely due to systemic racism expressed as lower socioeconomic status, increased environmental toxin exposure, decreased access to adequate medical care, and infrequent implementation of early intervention practices. Skin-directed management of eczema for caregivers is critically important for improving clinical outcomes of children with eczema. Skin-directed management of eczema includes avoidance of allergens and appropriate moisturization of skin, which warrants evaluation of cosmetic products like lotions, creams and oils essential for …

A Christian Vision Of Freedom And Discovery: Neutrality As An Obstacle To Freedom, Karen Jordan

Tennessee Journal of Law and Policy

This article presents the underlying vision for the argument that principles of liberal neutrality pose a genuine obstacle to freedom in democratic society. There is a growing concern that liberty and justice are unattainable in modern democratic societies that are grounded in neutrality, including the United States. Experience has demonstrated significant shortcomings of the modern freedom movements grounded in political theories, which—along with the theory of neutrality—reject the need for core substantive values to guide law and policy. The underlying basis of such theories is a particular modern conception of freedom. But a well-grounded and reasoned alternative vision of human …

Panel Discussion 2: Cross Training: Journalism For Lawyers, Law For Journalists, Joie Chen, James Duff, Kim Helper, Cynthia Moxley

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 1: To Comment Or Not To Comment: What The Media Wants, What The Client Needs, And What The Rules Require, Joseph B. Cheshire V, Mark Curriden, Kim Helper, Pamela Mackey, Al Tompkins

Tennessee Journal of Law and Policy

No abstract provided.

Who Invented It? Streamlining Determination Of Patent Inventorship, Henry H. Perritt, Jr.

University of Miami Law Review

Disputes over inventorship are common in industries where new technology is important. Patents are invalid unless correct inventors are named on the patent, even when all the inventors have assigned their rights to the enterprise applying for a patent. The complexity of modern technology is such that an invention qualifying for a patent rarely is the work of only one individual. Employees and former employees frequently claim that they have been left off patent applications wrongfully. Patent law provides a variety of ways to correct inventorship both while such applications are being prosecuted in the U. S. Patent and Trademark …

Traces And Criminal Trasology In Fighting Crime, Nuredin Lutfiu

UBT International Conference

Criminalistic traceology is not only a part of criminalistic technique, but it is also incorporated in tactics and methods. For example, tactical, cognitive, evidential and processing problems of traceology are not the object of the study of criminalistic technique. It means the word is about the multidimensional approach to an issue. Traceology deals with the problems of the mechanisms of representation, classification, search, retrieval, fixation, preservation, search and evaluation of traces. Traceology enables the solution of identification and diagnostic tasks. Traceology is divided into the procedure of searching for traces, providing traces, fixing traces and using them for discovery and …

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

A Primer On Artificial Intelligence And Ai-Powered Financial Analysis, Zain Kalson

Ohio Northern University Law Review

No abstract provided.

State Ex. Rel. Wtol Tv, L.L.C. V. Fair, L.P., 2023-Ohio-4593, Allison Miller

Ohio Northern University Law Review

No abstract provided.

Where The Crawdads Sing Deconstructed: An Examination Of Natural Vs. Moral Law, Rural Justice Systems, And True Crime, Hannah Martin

Ohio Northern University Law Review

No abstract provided.

Maine Recognizes The Independent Tort Of Negligent Infliction Of Emotional Distress: Gammon V. Osteopathic Hospital, Jaye E. Rooney

Maine Law Review

Gerald Gammon opened his deceased father's hospital bag, expecting to find his personal effects. Instead, he discovered a bloodied leg, severed below the knee and bluish in color. Recoiling in horror, he yelled, "Oh my God, they have taken my father's leg off.” His aunt later recalled at trial that "he was as white as a ghost" and she thought he was going to have a heart attack. Gerald received a call on November 7, 1982, from the Osteopathic Hospital of Maine informing him that his father, Linwood Gammon, had succumbed to cancer that morning. A funeral home employee picked …

Expanding Public Access By Codifying The Public Trust Doctrine: The Massachusetts Experience, William L. Lahey, Lauren Sandler Zurier, Kenneth W. Salinger

Maine Law Review

The Commonwealth of Massachusetts is dramatically expanding public access to the coast through statutory and regulatory codification of the public trust doctrine. Is this legislative and administrative experiment relevant to other states, particularly to Maine? The initial answer to this question may depend on the meaning of the Bell v. Town of Wells decision. For better or for worse, Massachusetts jurisprudence set the course followed by the majority of the Maine Supreme Judicial Court in Bell. To some, including several of the authors in this symposium, the bearing of the Massachusetts courts leads to a civic wasteland where the public's …

The Voices Of Black Women: Experiences Of Intimate Partner Violence And Mandatory Arrest, Lacoya Charnis Crape

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to understand the lived experiences of Black female victims of IPV concerning mandatory arrest and how they perceive the outcomes and effects of the arrest on either partner involved. The findings revealed that Black women had mixed experiences with mandatory arrest; those with Black abusers reported positive experiences with this law, and those with White abusers experienced negative encounters. Eight out of twenty-three mandatory arrest states were identified as problematic states by Black women due to measures of poor police performance. Outcomes suggest that Black women with White abusers experience unique barriers associated …

Juror Number Six: Implicit Bias And The Future Of Jury Trials, Dave Mcgowan

San Diego Law Review

Implicit bias concepts have been quick to take hold in the law. Their influence may be traced through mandatory continuing education requirements, statutory restrictions on jury selection, jury instructions, and, in two recent rulings from the Washington Supreme Court, judicial limits on juror deliberations and permissible arguments. These limits use implicit bias premises to experiment with altering the balance of interests served by jury trials.

Part II of this Article tells the story of the trial of Tomas Berhe, who was convicted of shooting Everett Williams to death. Mr. Berhe’s case led to an extraordinary event: a live hearing in …

United States Centers For Disease Control And Prevention Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

US CDC SIP

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Art And Climate : A Creative Awareness, Michel Abou Khalil

BAU Journal - Society, Culture and Human Behavior

The growing engagement of artists with ecological challenges is a significant trend in the Anthropocene era. Most often, some of them feel driven by a sense of responsibility regarding the impact of industry and consumer society on the environment. Their commitment becomes a form of activism, mobilization or even a simple commercial niche to exploit. By observing this enthusiasm in the art world for environmental issues, we can ask ourselves the following questions: despite their sometimes lack of in-depth knowledge, where does the role of artists begin and end in this complex universe? Does their commitment have real power to …

Nature Fears Emptiness : An Analytical Reading Of Emotional Emptiness, Mariange Merhi

BAU Journal - Society, Culture and Human Behavior

Nature does things well, but sometimes it takes crooked paths... In psychoanalysis, the role of the psychoanalyst, as of any other therapist, is not only to set clinical goals, to understand the psychic work of the patient and to accompany him in his self-discovery. Above all, it is supposed to manage the internal conflicts of the suffering subject. To do this, he seeks to shed light on his unconscious journey and detect the vagaries of his psychic functioning. He try to act on his commitment, motivation and adherence to the values of the society in which he lives, without hindering …

Of Ecological Identity In Literature Humus By Gaspard Koenig, Christelle Stephan Hayek

BAU Journal - Society, Culture and Human Behavior

« In 1978, William Rueckert, retired professor of English and American literature at the State University of New York at Geneseo, published an article entitled "Literature and Ecology. An Experiment in Ecocriticism" where the word ecocriticism was used for the first time. » (Posthumus, 2017, p. 161) This is how appeared a discipline which, over the decades, has gained in insight and relevance, and whose true theoretical foundations were finally laid by Professor Lawrence Buell, in his work The Environmental Imagination, published in 1995. At a time when one of the most crucial issues is climate change mainly due to …

Between The Imagination Of Legends And The Challenge Of Reality: Writing To Save The Planet, Nadia Iskandarani

BAU Journal - Society, Culture and Human Behavior

Climate change is a global phenomenon due to global warming, characterized by a general increase in average temperatures. This change is linked to industrial activity, in particular to the greenhouse effect, which is why it is said to be of human origin. Alongside scientists, writers now include themes linked to global warming. New genres have appeared such as climate fiction. Thomas B. Reverdy, in his novel Climax describes the end of the world in the context of global warming. The action takes place in the north, towards the Arctic. The story involves various protagonists who remember Norse legends about the …

The Problem With Direct Collateral Review, Jaden M. Lessnick

Pepperdine Law Review

Federal habeas review of state convictions is sharply circumscribed for a reason: Granting the writ of habeas corpus disrupts the federalism and finality interests that lie at the heart of state sovereignty over criminal law. Both the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Supreme Court’s equitable bars to relief reflect the structural dangers inherent in collateral review of state convictions. Given the increasing unavailability of federal habeas relief, state prisoners have turned to another vehicle for collateral federal review, one that bypasses AEDPA’s demanding standard: direct review of state post-conviction proceedings. And regrettably, the Court has entertained …

The South China Sea Arbitration After Eight Years: Its Implications For Jurisprudence And Third Parties, Yoshifumi Tanaka

International Law Studies

Even though eight years have passed since the issuance of the South China Sea arbitral award between the Republic of the Philippines and the People’s Republic of China, China has repeatedly claimed that the South China Sea arbitral award is null and void. Thus a question arises with regard to the legal consequences of the award in international law and international relations. The aim of this article is to consider this question by analyzing the impacts of the South China Sea arbitral award from three viewpoints: The impacts on the jurisdiction of an adjudicative body with regard to mixed disputes …

Brief Of 20 Professors Of Law And Public Knowledge As Amici Curiae In Support Of Affirmance, Charles Duan, Rachel Bamberger

Amicus Briefs & Court Filings

In Carroll Shelby Licensing v. Halicki, the U.S. Court of Appeals considers whether a car in a film is a "character" for purposes of copyright law. Character copyright protection has proven to be an especially difficult area of the law, and courts and commentators have struggled with the proper boundaries of such protection and whether characters are independently protectable works at all. This brief presents a novel legal argument for resolving the scope of character copyright, at least in the context of inanimate objects in creative works such as cars. While the case law and commentary has to date focused …

Transition Living Program (Tlp), Kaleb Crenshaw, Monica Himes

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Transitional Living Program (TLP)," given by Kaleb Crenshaw and Monica Himes at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

Indigenous Peoples And Environmental Justice: Recognition, Rights, And Representation Of Indigenous Peoples In Bangladesh's Environmental Regulatory Framework, Nasrin Akter

LLM Theses

Using an Environmental Justice theoretical lens, this thesis explores the extent to which the environmental legislative landscape of Bangladesh has ensured environmental justice for Indigenous peoples. In doing so, the thesis concentrates on three main areas: recognition, rights of Indigenous people under the environmental legal framework as well as their representation in the environmental decision making bodies. The research evaluates Bangladesh environmental laws against standards elaborated in the environmental justice literature on each of these three areas. The research employs a combination of legal and policy analysis, as well as a critical analytical approach as part of its methodology. This …

Thinking Outside The Box: Matchmaking State Gambling Law Frameworks To International Approaches To Loot Box Regulation, Emerson B. Marles

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.