Digital Commons Network^™

The Defense Of Taiwan: Possible Legal Justifications, Raul (Pete) Pedrozo

International Law Studies

This article examines four possible interconnected legal arguments that can be used by the United States and its allies and partners to justify the defense of Taiwan in the event of a Chinese invasion of the island. First, the United States could recognize Taiwan as an independent nation. Second, the three joint communiqués between the United States and China are premised on an understanding that the Taiwan issue will be resolved by “peaceful” means. A Chinese invasion of Taiwan would certainly breech that understanding and allow the United States to recognize Taiwan as a sovereign State. Third, a Chinese invasion …

Privacy Mismanagement: Privacy Harms, Digital Market Monopolies, And Antitrust Law, Kristie Lam

UC Law Journal

Privacy self-management fails to protect consumer privacy. In the advent of the Internet, individuals had the option to tailor how their personal data was used throughout digital markets. However, since the digital markets are dominated by a few large conglomerates, namely Meta and Google, consumers have little choice to determine how they will use the internet in the face of the blatantly decreasing quality of privacy protection. The lack of adequate privacy protections in the digital markets harms consumers and erodes democratic institutions. Given the societal ramifications of consolidated digital markets on consumers, antitrust laws are the appropriate mechanism to …

Criminalizing Ecocide, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …

An Interdisciplinary Analysis Of Freshwater Wetlands With A Focus On Ecosystem Functions And Services, Michael Viteritto

Theses, Dissertations and Culminating Projects

Wetlands are one of the most productive ecosystems on Earth, though they only occupy a very small portion of the planet’s surface. They are highly sensitive ecosystems that have been undergoing an extended period of loss because of anthropogenic stress. Freshwater wetlands number among the most numerous on the planet, and in the United States they make up the overwhelming majority of wetland area. Geographically isolated wetlands (GIWs) are not directly connected to other surface water in a watershed. Freshwater wetlands provide a number of beneficial ecosystem services including climate control, erosion protection, nutrient removal and storage, flood control, food …

Rethinking College Football Grant Of Rights Agreements, Drew Thornley, John T. Holden

Marquette Sports Law Review

No abstract provided.

Epilogue: Uc Law Journal – Rice Symposium, Ming Hsu Chen

UC Law Journal

No abstract provided.

The Limits Of Immigrant Resilience, Huyen Pham, Natalie C. Cook, Ernesto Amaral, Raymond Robertson, Suojin Wang

Faculty Scholarship

Economists have identified important adaptations that immigrant workers have made to weather economic crises. During times of economic contraction, immigrant workers have moved across industries or geographical locations, downshifted to part-time work, and accepted lower wages to stay employed. Evidence from the Great Recession (2007–2009) shows the benefits of that economic resilience: immigrant workers were more likely than native-born workers to remain continuously employed, to have shorter periods of unemployment when they lost their jobs, and to regain jobs more quickly in the recovery period. Of course, these adaptations had significant personal costs for immigrant workers and their families, but …

Transforming Grassland Conservation: Challenges And Opportunities Across Law, Policy, And Human Dimensions, Conor D. Barnes

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

Great Plains social-ecological systems are facing growing pressure from complex, ‘wicked’ problems. Addressing these problems will require integrating ecological resilience and complex systems thinking concepts into our legal framework in order to better reflect the changing ecological reality of the Great Plains and promote flexibility and adaptability in the face of that change. In this dissertation, I examine how past and present policy priorities have affected social-ecological systems on the Great Plains, and how ecological resilience and complex systems thinking might be applied to grassland management policy. In Chapter 2, I examine the rapid progress made in the adoption of …

We're Swarming Again! Swarming, Collectivity, And Trope: The Case Of Extinction Rebellion, Tyler J. Behymer

Department of Communication Studies: Dissertations, Theses, and Student Research

This thesis explores the rhetoric of the eco-movement Extinction Rebellion, focusing on the use of swarming and nature tropes to mobilize collective action and revivify contemporary notions of collectivity. Drawing on rhetoric of social movement scholarship, cultural studies, and psychoanalysis, this essay theorizes swarming as a tropological economy that expands the conditions of propriety in the context of collectivity. Through an analysis of Extinction Rebellion’s discourse, this study demonstrates how the naturalization of swarming tropes works in various ways to rewild conventional political discourse, galvanize disruptive collective assembly, and challenge green neoliberalism.

Advisor: Casey Ryan Kelly

Bridging Silos: Environmental And Reproductive Justice In The Climate Crisis, Sara A. Colangelo

Georgetown Law Faculty Publications and Other Works

The climate crisis is a perilous yet underexamined example of the intersection of environmental injustice and reproductive injustice. The physical manifestations of the climate crisis affect key elements of reproductive justice: women’s rights to have children, to not have children, and to parent children in healthy, sustainable communities. Reams of studies document climate disaster-driven gender violence, loss of access to healthcare and reproductive services, as well as direct and deadly health effects of climate change on maternal health, fetal development, infants, and children. Despite these profound impacts, the environmental and reproductive justice movements remain largely siloed, particularly in the legal …

Bizindan Miinawa (Listen Again), Matthew L.M. Fletcher

Articles

Johnson v. McIntosh was as fake as John Wayne’s teeth. That one was a property dispute, remember? Two wealthy, privileged, and powerful white people squared off over thousands of acres of land acquired from Indigenous nations who called the vast valley of Eagle River home. On one side, you had a former United States Supreme Court Justice; on the other, you had a wealthy political benefactor/beneficiary. No tribal nations or Indigenous peoples to be seen or heard from. And of course, the competing property claims at issue barely overlapped, if at all, thanks to stipulations of the parties at the …

Chancery Court Demonstrates Willingness To Apply Context-Specific Tests In Assessing Challenges To Advance Notice Bylaws, Robert S. Reder, Noah Nance

Vanderbilt Law School Faculty Publications

It is well established," under Delaware law, "that stockholders have a fundamental right to 'vote for the directors that the s[tock]holder[s] want [] to oversee the firm.'" Sternlicht v. Hernandez, 2023 WL 3991642 (Del. Ch. June 14, 2023) ("Sternlicht"). Moreover, "[s]ubsumed within that fundamental right to vote is the right to nom- inate a competing slate." Despite this recognition, the Delaware Gen- eral Corporation Law "is silent as to how a stockholder may propose a nominee for election." Strategic Inv. Opportunities LLC v. Lee Enters., Inc., 2022 WL 453607 (Del. Ch. Feb. 14, 2022) ("Strategic Investment Opportunities"). "[T]o fill this …

Sidestepping Substance: How Administrative Law Plays An Outsized Role In Shaping Environmental Policy And Why Recalibration Is Necessary, Sanne H. Knudsen

Articles

Administrative law and environmental law are companion fields. Still, they are not interchangeable. They promote different values. And yet, sometimes when courts resolve environmental disputes by relying on administrative doctrines, courts elevate the values of administrative law over those codified in environmental statutes. This is particularly concerning when courts rely on judicially-created administrative law doctrines to sidestep congressional intent as expressed by the substantive aims of environmental statutes.

To reduce the risk of sidestepping—whether inadvertent or intentional—this Article critically examines how administrative law doctrines can undermine environmental law. Drawing on prominent case examples, including the Supreme Court decision in Sackett …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Best Practice Democratic Policing In Papua: Activating Development And Security Through Community Participation, Hery Herjawan, Bambang Shergi Laksmono, Robertus Robet, Muhammmad Luthfi, Vici Sofianna Putera

Masyarakat: Jurnal Sosiologi

The implementation of Democratic Policing across various parts of the world demonstrates the interconnectedness of changes in approaches to addressing security issues. This transformation is a result of a systemic shift from operational and managerial police systems. This research seeks to affirm this argument in the policing practices in Mimika, Papua, highlighting changes in the level of community participation in maintaining public safety and order driven by democratic policing practices in the region. This research employs a qualitative method for both data analysis and data collection. Data collection was conducted through interview techniques, meanwhile data analysis is conducted using case …

The Philosophy Of Spirits Purification In The Ritual Entas-Entas In Wonotoro Village As The Identity Of The Tengger Community, Turita Indah Setyani, Titik Pudjiastuti, Rias Suharjo, Mamlahatun Buduroh, Mu’Jizah Mu’Jizah, Dwi Rahmawanto

International Review of Humanities Studies

This paper examines the Ritual Entas-entas as a purification ceremony for spirits in Wonotoro Village, Tengger. The ritual originates from a manuscript believed to aid in purifying the spirits of deceased family members. This ritual has been passed down orally. However, the manuscript serving as the reference for the ritual can no longer be traced. The issue is, how the sustainability of the Ritual Entas-entas in Wonotoro Village, Tengger? The research aims to demonstrate that the Tengger community possesses a collective memory strength and high adherence to traditional rules as part of everyday religious practice. The research utilizes ethnographic methodology …

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

'Othering' Of Refugees: An Anti-Thesis To Right Against Discrimination, Jasmeet Gulati

Indonesian Journal of International Law

The process of ‘othering’ and the basis of ‘otherness’ separates marginal from the mainstream and is generally construed as discrimination amongst different social groups. The paper discusses the concept of ‘othering’ with specific reference to the rights of refugees, their plight in the country of refuge, and the attitude of national governments while dealing with the rights of refugees in compliance of international obligations. The process of characterizing refugees as ‘others’ in the host country directly affects their basic rights, which would otherwise be granted to them being refugees under international refugee law. Thus, discrimination stems from the very perspective …

Implementation Of Iso 14001 Standard By World Trade Organization (Wto) Based On Technical Barriers To Trade (Tbt) Agreement And Its Practices In Indonesia, Ferdi Ferdi

Indonesian Journal of International Law

The implementation of the ISO 14001 standard by the World Trade Organization (WTO) has been regulated in the Technical Barriers to Trade (TBT) Agreement (Annex 1A WTO). ISO 14001 is an Environmental Management Standard (EMS) issued by the International Organization for Standardization (ISO). ISO is one of the organizations that determine the international standard. The standard set by ISO has been utilized to equalize the standard of the WTO members in world trade (Preamble TBT Agreement). The WTO is an international organization regulating world trade to ensure it flows smoothly. TBT oversees that the technical regulations and standards, including packaging, …

26th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

What The Cluck? Backyard Chickens And Maine's Mysterious Right To Food, Lucy Weaver

Maine Law Review

When Maine voters approved the nation’s first “right to food” constitutional amendment, many were concerned about the amendment’s potential to conflict with animal welfare, food safety, and other regulations currently in place at the state and local level. Born from a decade of advocacy, the amendment represents a new era for Maine’s food sovereignty movement. However, the boundaries of the amendment remain unclear, and Maine’s municipalities lack sufficient guidance as they attempt to navigate how this amendment applies to them. This Comment explores one example of the many challenges that may arise from the enactment of the right to food …

You Can Grow Your Own Way: Maine's Constitutional "Right To Food" Amendment, Kristin Hebert

Maine Law Review

Maine is the first state to constitutionalize a right to food. This is significant not only because no other states have enshrined such a right, but because this is Maine’s first foray into constitutionalizing any new individual rights. This raises a host of questions for courts to grapple with: What level of scrutiny should apply? What kinds of protections does this right afford? What are its limitations? This Comment offers a framework for courts to use when interpreting the right to food that is grounded in the legislative and voter intent. Given the amendment’s broad language, this comment argues that …

“Food Of Their Own Choosing”: Improving Access To Locally Grown, Sustainable, And Real Food, Alexia M. Kulwiec, Tom Starck

Maine Law Review

The State of Maine is leading the nation in efforts not only to promote production of locally and sustainably grown food, but the right of consumers to grow, produce, and consume the food of their choosing. This includes creation of a constitutional right to food, a right recognized in the global community but not throughout the United States. Many advocates in the United States emphasize the right to food as a human right, advocating for the same attention and protection as other human rights such as the right to life, liberty, freedom from slavery, and freedom from discrimination. The right …

Green Amendments And Ham: How Green Amendment Jurisprudence Can Inform Maine’S Right To Food, Sarah M. Everhart

Maine Law Review

Maine’s constitutional right to food is the first state constitutional right to food and the extent of the rights created by the amendment is largely unknown. The right to food, as enacted in Article I, Section 25 of the Maine Constitution, provides: Section 25. Right to food. All individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, as long as an individual does not commit trespassing, …

Realizing The Right To Food In Maine: Insights From International Law, Smita Narula

Maine Law Review

In November 2021, Maine made history as the first U.S. state to constitutionally recognize the right to food. Maine’s right to food amendment—which sought to address widespread food insecurity and corporate control of the food supply—proclaims food as a “natural, inherent and unalienable right,” and empowers Mainers to grow and consume food of their own choosing, affirming their right to food sovereignty. This Article makes three key contributions to scholarly examinations of this historic amendment. First, it situates the amendment within the broader landscape of domestic and global struggles for the right to food and food sovereignty. Second, the Article …

Law, Language, And Authority: The Algorithmic Turn, Amanda Turnbull

PhD Dissertations

Law is formed by language and law utilizes language. Law is also like language in that it consists of social rules that aid in the structuring of society. From the time that we first put language into writing, we have been invested in the technologizing of language. There is a clear trajectory of our interest in having machines do things with language that we would otherwise do ourselves. This dissertation investigates how law’s relationship with language changes with the use of algorithmically driven technologies, and correspondingly, the consequences for the changing nature of authority since the use of language in …

Lindsay Ortega Plaintiff-Appellee, V. Cynthia Jones Defendant-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from [Modified by the Court] Final Order and Judgment in Favor or Plaintiff Lindsay Ortega, Fourth Judicial District Court, Wasatch County, State of Utah, District Court No. 160500012, Honorable Jennifer A. [Brown] Mabey presiding Appellant’s Opening Brief Patricia Geary Glenn (#5280)

ATTORNEY AT LAW, P.C. Attorney for Defendant

/Appellant ii TABLE OF CONTENTS IDENTIFICATION OF PARTIES ........................................................................iv INTRODUCTION .................................................................................................... 1 STATEMENT OF THE ISSUES ............................................................................ 5 1. Whether the district court erred in reinstating its initial 2018 Final Order and Judgment after excluding the evidence which formed the basis of its decision as improperly proffered by Plaintiff under Rule …

The Court’S Abject Failure At Statutory Construction: Sackett V. Environmental Protection Agency, Sam Kalen

Catholic University Law Review

The essay critiques the Supreme Court’s novel approach toward statutory construction in Sackett (2023). The Sackett Court considered whether the Ninth Circuit applied the appropriate test to determine whether the Sackett’s property contained wetlands regulated under the Clean Water Act (CWA). In doing so, the Court cast aside what has been considered the operative test for assessing jurisdiction, the significant nexus test. In lieu of that test, the majority articulated a considerably constrained understanding of the CWA’s reach. This essay explores how it reached that understanding and why some of the Justices’ analysis is as problematic as the operative conclusion. …

Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh

UMKC Law Review

Part I of this Article discusses the functional role of wetlands in meeting the intended purpose of the Clean Water Act (“CWA”). The intended purpose of the CWA is to "restore and maintain the chemical, physical and biological integrity of the Nation's waters." The Court's decision in Sackett undermines the intended purpose of the CWA. Wetlands play an essential role in meeting this objective. Wetlands are hydrologically connected to and an embedded part of the overall aquatic ecosystem. The Sackett decision leaves wetlands subject to further degradation.

Part II of this Article provides an overview of the CWA, how we …

(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai

Arkansas Law Review

Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …