Digital Commons Network^™

Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Stochastic Terrorism, Speech Incantations And Federal Tax Exemption, Darryll K. Jones

New Mexico Law Review

No abstract provided.

The Historical Development Of The Concept Of Forced Labor And The Open Boundaries Of Its Definition Today, Christopher M. Roberts

New Mexico Law Review

This article considers the steps taken on the international level in the 1920s and 30s to define the terms through which freedom and unfreedom in the context of labor might be understood, the manner in which understandings of forced labor have subsequently evolved, and the parameters and potentials of the concept today. The first section explores the history of the 1926 Slavery Convention; the nature of coercive labor in colonized states in the inter-war period; the drafting processes and coverage of the 1930 Forced Labour Convention; the Convention’s accompanying recommendations; and subsequent developments in the legal definition of forced labor. …

Torts And Personhood, Melissa Mortazavi

Arkansas Law Review

Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.

Arkansas Law Review - Volume 76 Issue 3, Journal Editors

Arkansas Law Review

No abstract provided.

Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby

Duke Law & Technology Review

The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law provides inadequate protection for data subjects, there are growing calls for organizations to implement data governance solutions. Unfortunately, in the U.S., the concept of data governance has not progressed beyond the management and monetization of data. Many organizations operate under an outdated paradigm which fails to consider the impact of data use …

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission

Erin Middleton Assistant Solicitor General Michelle Lombardi Assistant Attorney General Attorneys for Respondent Utah State Tax Commission Bradley C. Johnson Timothy A. Bodily Deputy District Attorneys Attorneys for Respondent Board of Equalization of Salt Lake County

Samuel A. Lambert (11915) Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory

International Law And Acoustic Antagonism In East Asian Waters, Matt D. Montazzoli, John C. Tramazzo

International Law Studies

This article analyzes a 2023 maritime incident in which the Chinese Navy Ship (CNS) Ningbo employed active sonar in the vicinity of His Majesty’s Australian Ship (HMAS) Toowoomba, while knowing that Toowoomba had divers in the water. The Chinese sonar caused injuries to the Australian divers. The article discusses the employment of acoustic devices to cause harm during peacetime and analyzes whether CNS Ningbo’s actions constituted a failure of "due regard" and other applicable legal regimes and norms. The article concludes that CNS Ningbo’s actions were an unlawful use of force and failed to demonstrate due regard, and that …

Vol. 66, No. 05 (February 12, 2024)

Indiana Law Annotated

No abstract provided.

United States National Science Foundation (Nsf) Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States National Science Foundation (NSF) Scientific Integrity Policy

Kekosongan Normatif Permainan Video Dalam Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Abdulatief Zainal

Technology and Economics Law Journal

Perkembangan hak kekayaan intelektual yang terjadi secara global terjadi pula di Indonesia yang dibuktikan dengan lahirnya UU No. 28 Tahun 2014 yang mencabut dan menggantikan UU No. 19 Tahun 2002. Salah satu pengaturan baru yang ditemukan dalam UU No. 28 Tahun 2014 dan tidak ditemukan dalam UU No. 19 Tahun 2002 maupun peraturan perundang-undangan terdahulunya adalah munculnya permainan video sebagai jenis ciptaan baru yang dilindungi oleh hak cipta sebagaimana diatur dalam Pasal 40 ayat (1) huruf r, UU No. 28 Tahun 2014. Kemunculan tersebut merupakan suatu bentuk kemajuan hukum terlebih mengingat Indonesia menjadi satu-satunya negara yang secara eksplisit menyebutkan dan …

Nonjudicial Punishment, Franklin D. Rosenblatt

Villanova Law Review (1956 - )

No abstract provided.

Against Bankruptcy: Public Litigation Values Versus The Endless Quest For Global Peace In Mass Litigation, Abbe Gluck, Elizabeth Chamblee Burch, Adam Zimmerman

Scholarly Works

Can bankruptcy court solve a public health crisis? Should the goal of “global peace” in complex lawsuits trump traditional litigation values in a system grounded in public participation and jurisdictional redundancy? How much leeway do courts have to innovate civil procedure?

These questions have finally reached the Supreme Court in Harrington v. Purdue Pharma L.P., the $6 billion bankruptcy that purports to achieve global resolution of all current and future opioids suits against the company and its former family owners, the Sacklers. The case provides a critical opportunity to reflect on what is lost when parties in mass torts find …

Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller

Book Chapters

The subject of this chapter is Grágás, the compilation of the laws of Iceland in the Commonwealth period. The chapter begins by outlining the court structure of Iceland and the fundamentals of legal procedure, briefly discussing the importance of law to the conversion narrative in Íslendingabók and its account of the first decision to put Iceland’s laws into writing. It describes the distinctive concepts and customs which underlie the legal system of medieval Iceland, looking at the role of the búi (neighbour) in legal procedure, and explaining the key concepts of helgi (the right of inviolability), grið (domicile, or household …

Tiktok V. Montana - State Tiktok Ban Blocked By Court Based On Foreign Affairs Preemption, Anna C. Conley

Faculty Journal Articles & Other Writings

This article examines the U.S. District Court for the District of Montana's decision to preliminarily enjoin enforcement of Montana’s state law banning TikTok, citing foreign affairs preemption. The court found that the law conflicted with federal authority under the Defense Production Act (DPA), intruded upon the federal domain of foreign affairs, and violated the dormant foreign commerce clause. The case, now on appeal to the Ninth Circuit, highlights the tension between state-level regulation and federal control over foreign relations, particularly in the context of national security concerns surrounding Chinese-owned technology platforms. The article explores the legal arguments presented by TikTok …

Let’S Play God: Commodifying The Human Body, Larkin Carden

Georgia Journal of International & Comparative Law

The global shortage of viable organs for transplantation, exacerbated by the COVID-19 pandemic, highlights a stark contrast between organ donation systems, particularly evident in the United States and Iran. While the United States relies on an altruistic donation system, resulting in millions on its waiting list, Iran's compensation-based approach has nearly eradicated its waitlist. The legal framework of the United States, shaped by property law, historical views on the human body, and federal statutes, complicates its approach to organ donation. The reluctance to grant individual rights to body parts hampers success compared to Iran’s incentivization approach. Beyond learning from Iran’s …

Symposium: One Advocate's 'Junk Science' Is Another Advocate's Evidence: Forging New Paths In Forensic Science

Tennessee Journal of Law and Policy

No abstract provided.

A Short Primer On The Admissibility Of Forensic Science Evidence In Tennessee: A Checklist, Bernard A. Raum

Tennessee Journal of Law and Policy

No abstract provided.

Shadows Or Forgeries? Explaining Legal Normativity, Alma Diamond

Fellow, Adjunct, Lecturer, and Research Scholar Works

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What they have in common is an implicit assumption about the form that normative explanation must take: that it must …

Today’S Pirates: Biopiracy, Biotech, And The International Frameworks That Are Not Up To The Challenge., Katy Rotzin

UC Law Science and Technology Journal

This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against widespread biopiracy due to ineffective cross-cultural application of relevant treaties and differing domestic approaches to intellectual property frameworks. This paper examines the World Intellectual Property Organization, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, The Convention on Biological Diversity, The Bonn Guidelines, and The Nagoya Protocol. This …

Autonomy And Free Thought In Brain- Computer Interactions: Review Of Legal Precedent For Precautionary Regulation Of Consumer Products, Sadia Khan, Daniel Cole, Hamid Ekbia

UC Law Science and Technology Journal

The expanding use of neurotechnologies in consumer products increases the risks to human rights such as autonomy and free thought. While potentially beneficial in clinical applications, technologies such as brain implants and EEG-enabled wearable devices pose serious concerns about mental and psychological manipulation of human beings. In the US in particular, law and policy are lagging behind technical developments, thereby increasing the risks of abuse and misuse from commercial neurotechnologies. This article focuses on commercial neurotechnologies, which are distinct from medical neurotechnologies for clinical diagnoses, and seeks to guard against human rights risks to users by overcoming that regulatory gap. …

Keeping The Perpetual In Florida's Conservation Easements, Nancy Mclaughlin

Utah Law Faculty Scholarship

Hundreds of millions of dollars are being invested in the protection of the Florida Wildlife Corridor and other environmentally sensitive lands. One of the primary tools being used to accomplish this protection is the perpetual conservation easement, which is touted to landowners and the public as providing a permanent guarantee that the subject lands will never be developed. There is a very real danger, however, that perpetual conservation easements in Florida may not, in fact, be perpetual, and that the protections put in place today will vanish over time—along with the public funds invested therein—as government and nonprofit holders “release” …

Who’S Going To Sue? A Look At Environmental Citizen Suits, Virginia C. Thomas

Library Scholarly Publications

The author reviews the history of citizen-plaintiff suit provisions embedded in federal and state environmental legislation.

Online Disinhibited Contracts, Wayne R. Barnes

Faculty Scholarship

There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …

Harms From Concentrated Industries: A Primer, Denise Hearn

Columbia Center on Sustainable Investment

Market concentration within sectors and across global value chains has increased in recent years, leading to new scholarship on the benefits and harms of concentrated industries. The macroeconomic effects of market concentration, and its effects on stakeholders like workers, consumers, and citizens, will significantly impact the achievement of the SDGs. Read CCSI's primer on the Harms from Concentrated Industries here.

A State For Second Chances: Utah’S Clean Slate Legislation, Madelynn Woolf

Utah Law Review

Utah’s Clean Slate Act and the wave of similar legislation across the country provide a much-needed change to the traditional method of expungements that left many still facing heavy collateral consequences. Utah’s first pass at this legislation struck a good balance, evidenced by bipartisan support. It does not eliminate responsibility for one’s actions, but “[t]hose who violate the law and then pay their debt to society should not be punished indefinitely for the rest of their lives.” This reflects the broader “vision of America, then and now . . . a land of second chances, where one could make a …

Putting Trust In Voluntary Demand Management: How And Why Wyoming Should Encourage The Development Of A Water Trust, Colton Edwards

Wyoming Law Review

The development of water trusts in the American West has followed a similar concept to the land trust model of conservation. Climate change has raised concerns among Colorado River Basin states about their water rights being curtailed. A key avoidance measure taken by states has been to focus on demand management, reducing the amount of water diverted from the river system through voluntary water transactions. While governments have made some investments in water conservation, more money is needed to keep adapting to a changing climate; water trusts can provide such money through investment from private sources. But the legal regime …