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Saldf Presents: Issues In Animal Law, Cardozo Student Animal Legal Defense Fund Oct 2023

Saldf Presents: Issues In Animal Law, Cardozo Student Animal Legal Defense Fund

2023–2024 Flyers

No abstract provided.


Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort Oct 2023

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …


From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg Oct 2023

From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg

Testimony Before Congress

Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.

The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …


Week Of October 23, 2023 - October 27, 2023, Benjamin N. Cardozo School Of Law Oct 2023

Week Of October 23, 2023 - October 27, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.


Community Energy Exit, Sharon Jacobs, Dave Owen Oct 2023

Community Energy Exit, Sharon Jacobs, Dave Owen

Duke Law Journal

Communities across the United States are taking advantage of new technologies and governance forms to assert greater control over their energy systems. For decades, energy provision throughout much of the nation was heavily centralized. Even where market-oriented reforms emerged, most consumers had little ability to take advantage of the changes. But resurgent interest in municipal takeover of energy systems, alongside new phenomena such as community choice aggregation and microgrid construction, are making what we call “community energy exit” a reality. Popular and academic commentators have hailed these developments as key steps toward decarbonization, social justice, and energy democracy.

This Article …


Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady Oct 2023

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Liberty University Journal of Statesmanship & Public Policy

The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.

The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …


Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth Oct 2023

Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth

University of Cincinnati Law Review

No abstract provided.


An Imperial History Of Race-Religion In International Law, Rabiat Akande Oct 2023

An Imperial History Of Race-Religion In International Law, Rabiat Akande

Articles & Book Chapters

More than half a century after the UN’s adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention’s protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were mutually co-constitutive in the colonial encounter and foundational to the making of modern international law. Moreover, the contemporary proposal to address the interplay of racial and religious othering is hardly new; iterations of that demand surfaced in the earlier twentieth century, as well. By illuminating the centrality …


Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill Oct 2023

Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …


Law And Its Limits: Ethical Issues In Mary Shelly's Frankenstein Or, The Modern Prometheus, David S. Caudill Oct 2023

Law And Its Limits: Ethical Issues In Mary Shelly's Frankenstein Or, The Modern Prometheus, David S. Caudill

Faculty Publications

The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …


Additional Materials For Judicial Uses Of Images: Vision In Decision, Peter Goodrich Oct 2023

Additional Materials For Judicial Uses Of Images: Vision In Decision, Peter Goodrich

Online Publications

These images are taken from published judicial decisions that are publicly available. The instances used are to analyze the manner in which judges see the subject matter of disputes and to elaborate a theory of the vision underlying decisions.


The Hidden Withdrawal Epidemic Of Cymbalta (Duloxetine): The Inequities Of The Learned Intermediary Doctrine In Cymbalta Litigation And The Necessity Of An Fda Re-Evaluation, Melanie Filocco Oct 2023

The Hidden Withdrawal Epidemic Of Cymbalta (Duloxetine): The Inequities Of The Learned Intermediary Doctrine In Cymbalta Litigation And The Necessity Of An Fda Re-Evaluation, Melanie Filocco

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


“No Concrete Harm, No Standing:” Aggrandizing Standing Doctrine In A Credit-Centered America, Zachary R. Cimring Oct 2023

“No Concrete Harm, No Standing:” Aggrandizing Standing Doctrine In A Credit-Centered America, Zachary R. Cimring

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law Oct 2023

Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.


America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin Oct 2023

America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin

Catholic University Law Review

For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that …


Religious Reformation And The Law Of Unnatural Death In England, Trayce Hockstad Oct 2023

Religious Reformation And The Law Of Unnatural Death In England, Trayce Hockstad

Nebraska Law Bulletin (Selected Issues)

This comment was written as a supplement to a previous article, The Wrong, the Wronged, and the Wrongfully Dead: Deodand Law as a Practice of Absolution, 101 Neb. L. Rev. 731, (2023).

The men and women of Tudor England were, by and large, pragmatists. Grumbling, they sold off as much of their Catholic past as they could not hide or keep, and called in the carpenters to set boards on trestles and fix the forms round the communion tables.

Berman wrote that an essential element of each of the great revolutions that shaped the Western legal tradition was an apocalyptic …


The Santa Clara, 2023-10-13, Santa Clara University Oct 2023

The Santa Clara, 2023-10-13, Santa Clara University

The Santa Clara

No abstract provided.


Addressing Ambiguities In One Of Life’S Two Certainties: The New Jersey Law Revision Commission’S Examination Of Selected Tax Statutes, Laura C. Tharney, Samuel M. Silver, Whitney G. Schlimbach Oct 2023

Addressing Ambiguities In One Of Life’S Two Certainties: The New Jersey Law Revision Commission’S Examination Of Selected Tax Statutes, Laura C. Tharney, Samuel M. Silver, Whitney G. Schlimbach

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow Oct 2023

Updating The Berne Convention For The Internet Age: Un-Blurring The Line Between United States And Foreign Copyrighted Works, Ethan Schow

Brigham Young University Journal of Public Law

John Naughton, notable journalist and academic, has asserted that “[common sense] should also revolt at the idea that doctrines about copyright that were shaped in a pre-Internet age should apply to a post-Internet one.” And yet, in crucial aspects of international law, this is the situation in which the world finds itself today. The Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention” or the “Convention”) is one of the most important multinational agreements concerned with copyright law, but it has not been amended since September 28, 1979. Although the internet technically existed in an early …


State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Oct 2023

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment and Conviction for one count of Exploitation of a Vulnerable Adult, a Second Degree Felony, and one count of Theft, a Second Degree Felony, The Honorable Anthony Howell presiding in the Fourth Judicial Court, Juab County, State of Utah, Case No.191600058

SEAN REYES Utah Attorney General c/o Criminal Appeals Division Assistant Solicitor General Attorney for Appellee

ANN M. TALIAFERRO (#8776) BROWN BRADSHAW & MOFFAT Attorney for Appellant


Restructuring The Constitution For Human Resilience, Martha T. Mccluskey Oct 2023

Restructuring The Constitution For Human Resilience, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty, Martha Albertson Fineman & Laura Spitz, eds.


Table Of Contents, Seattle University Law Review Oct 2023

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato Oct 2023

Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato

Northwestern University Law Review

In the shadow of contemporary debates over police functions, funding, and accountability, a new form of preventative policing has proliferated. Improvement districts, most commonly associated with downtown revitalization efforts, increasingly served a new purpose—crime control. Communities dissatisfied with public police services have found that they may leverage improvement district tax revenues to hire off-duty police officers to patrol their neighborhoods. This trend has not been without controversy. Critics have contended that these semiprivate, semipublic police patrols create a two-tier system of public safety, allowing wealthy residents to privately purchase powers that belong to the public as a whole.

This Note …


Tsilhqot’In Nation And Interjurisdictional Immunity: When Are Judicial Decisions Involving Indigenous Claims Retroactive?, Kent Mcneil Oct 2023

Tsilhqot’In Nation And Interjurisdictional Immunity: When Are Judicial Decisions Involving Indigenous Claims Retroactive?, Kent Mcneil

Articles & Book Chapters

No abstract provided.


Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller Oct 2023

Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A.H. Miller

All Faculty Open Access Publications

Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, …


Surrey's Silence: Subpart F And The Swiss Subsidiary Tax That Never Was, Steven A. Dean Oct 2023

Surrey's Silence: Subpart F And The Swiss Subsidiary Tax That Never Was, Steven A. Dean

Law and Contemporary Problems

No abstract provided.


Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave Oct 2023

Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave

Buffalo Human Rights Law Review

Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often …


Amicus (Fall 2023), University Of Colorado Law School Oct 2023

Amicus (Fall 2023), University Of Colorado Law School

Amicus

Issue at a glance:

  • Reflects on the 44-year career of Professor Mark Loewenstein
  • Highlights the latest books by Colorado Law faculty
  • Introduces new Colorado Law faculty
  • Korey Wise Innocence Project Clients Wins Freedom
  • Shares stories of philanthropy
  • Recognizes milestones and successes of Colorado Law alumni


Mid-Atlantic Ethics Committee Newsletter, Fall 2023 Oct 2023

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Quad (The 2023 Alumni Magazine), Southern Methodist University, Dedman School Of Law Oct 2023

The Quad (The 2023 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating 75 years of the SMU Dedman Law Clinical Program

• Raggio endowed lecture: A conversation with Amal Clooney

• Faculty spotlights on Professor Eric Ruben and Carla L. Reyes

• SMU Dedman Law Tax Program with impressive influence