Digital Commons Network^™

Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi

American University International Law Review

Over the last decade, steadily increasing voices are ringing the tocsin to the international community for the impact of human activities on climate and their potential consequences on human life and dignity. The Intergovernmental Panel on Climate Change (IPCC), in its recent (6th) Assessment Report, confirmed this assertion. Greenhouse gas concentrations and emissions (particularly CO2), as well as the retreat of arctic glaciers and the subsequent sea level rise causing—among other issues—the acidification of the oceanic waters, are some of the most evident human-induced implications on climate and the environment.

Climate Change And Sea Level Rise: Assessing Their Impacts On Belize, Carlos Fuller

American University Law Review

First of all, as we all know, there are three aspects of climate change that we know occur. The first is the increase of global temperatures because of greenhouse gas emissions in the atmosphere. As a result of the warming of the oceans, sea levels rise; but even more importantly, additional fresh water is entering the oceans, which is now the predominant factor leading to increased sea-level rates. Finally, a change of the hydrological cycle—because of warmer temperatures, we are seeing more extreme weather events and shifts in precipitation patterns.

The impacts, however, are more important—for example, the impacts of …

Dobbs, Right-Wing Revisionism, And Public Outrage: Rodrigo's Late-Night Chronicle, Richard Delgado, Jean Stefancic

American University Law Review

When we next see Rodrigo, he has been brought into town by Giannina’s women’s rights group. The Supreme Court had just decided Dobbs and revoked a constitutional right that had existed for fifty years prior. Giannina’s organization is meeting to discuss possible responses to the Dobbs decision. While he is in town, Rodrigo decides to seek out the professor, hoping to reconnect and pick his brain on this seismic shift in the legal landscape.

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

The Right To Personality: Navigating The Brave New World Of Personality-Altering Interventions, Christopher S. Sundby

Connecticut Law Review

As neuroscience progresses, policy makers will have an increasing arsenal of behavior-modifying interventions at their disposal to deploy in the hopes of reducing recidivism and making the criminal justice system more rehabilitative. While these interventions are promising, they also can pose grave risks to individual liberty interests that are insufficiently acknowledged, much less protected, by current jurisprudence. Specifically, the current legal regimes and proposed alternatives either fail to identify the nature of the liberty at stake by overly focusing on physical side effects to the exclusion of thought- and personality-altering side effects, reject completely the potential for these interventions to …

Resilience Grammar: A Value Sensitive Design Method For Resilience Thinking, David G. Hendry, Batya Friedman

Tech Policy Lab

The resilience grammar is a method for bringing a value sensitive design sensibility to resilience thinking. The method provides a systematic process for researchers, designers, and policymakers to identify and trace resilience pathways in the context of real world responses to stressors and obstacles. The grammar is composed of seven statement types, which bring forward aspects of resilience. Each statement type is composed of a connecting phrase and an element, in the form of “resilience connecting-phrase .” In this report, we define each statement type in the resilience grammar, provide two brief illustrations of the grammar in action, and conclude …

Tattoos, Norms, And Implied Licenses, Aaron Perzanowski

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

The Battle For The Soul Of The Gdpr: Clashing Decisions Of Supervisory Authorities Highlight Potential Limits Of Procedural Data Protection, Jordan Francis

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Is, Ought, And The Limited Competence Of Experts, Adam J. Macleod

Scholarly Articles

The moral innovators whom C. S. Lewis criticized in The Abolition of Man supposed that they could draw imperatives out of their superior understanding of sentiment and instinct. They assumed that to know what human beings want to do is to know what human beings should do. But people want to do all sorts of things that are irrational, pointless, harmful, and even downright evil. And people want inconsistent things. So the innovators are incoherent. As Lewis correctly affirmed, no amount of knowledge about nature or the world is sufficient by itself to direct us to do what is good …

Property And Moral Responsibilities: Some Reflections On Modern Catholic Social Theory, Lucia A. Silecchia

Scholarly Articles

Professor Eric Claeys’s forthcoming book, Natural Property Rights, offers a deep perspective on property rights principles. However, while the law tends to focus—as I believe it must—on property rights, rights are inextricably intertwined with duties or responsibilities. The natural rights framework for property is, as Claeys says, “good enough for government work.” It reflects a principled way for the government to allocate property rights and use the law to protect them.

However, it is necessary to look beyond what is desirable for government to protect through law. Other sources propose parameters for reasoned use of property with an emphasis on …

The Great Synthesizer: Natural Rights, The Law Of Nations, And The Moral Sense In The Philosophical And Constitutional Thought Of James Wilson, Derek A. Webb

Scholarly Articles

This article argues that the key to understanding James Wilson, one of the leading architects of the Constitution and the first Supreme Court Justice to be sworn in, and yet arguably the most neglected and misunderstood figure from the founding generation, is as a "great synthesizer" of seemingly disparate philosophical and constitutional commitments. Drawing upon the natural rights tradition of early classical liberalism as envisioned by John Locke, Wilson insisted that the new federal government be as democratic and broadly reflective of "We the People" as possible. Drawing upon the law of nations tradition as articulatedp articularlyb y Cicero, he …

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

Submission Of Amici Briefs In Arbitration Related To Environmental Concerns: Developing A Better Framework For Their Consideration Under Icsid Rule 37(2), Clarissa Galaviz Lizarraga

Northwestern Journal of International Law & Business

This note examines the consideration of amicus curiae briefs in international arbitration matters under the International Centre for Settlement of Investment Disputes (“ICSID”), specifically focusing on arbitration cases involving environmental concerns. The note explores trends in consideration of amicus briefs in environmental arbitration by taking a historical look at cases and the rationales behind the decisions of the tribunals to consider amicus briefs and raises concerns regarding a better, uniform approach to amicus briefs.

To achieve a better system of consideration of amicus briefs when environmental concerns are at play, given their public and ecologic interest, the author suggests reworking …

The Ghost Of Dunhill: How Commercial Activity Silently Escaped The Act Of State Doctrine, Gabriel D. Kaufman

Case Western Reserve Journal of International Law

No abstract provided.

Equal Protection Against Policing, Evan D. Bernick

College of Law Faculty Publications

A White police officer pins his knee against a Black man’s neck. The Black man lies prone. He says he can’t move. He says he can’t breathe. He says he’s through. He pleads for his mama. He moans, gasps, and writhes. Blood runs out of his nose and mouth. After eight minutes and forty-six seconds, George Floyd is dead.

Videos of the killing went viral. All four of the Minneapolis Police Department officers who arrested Floyd for allegedly using a counterfeit $20 bill at a convenience store were fired. Derek Chauvin—who held his knee to Floyd’s neck—was initially charged by …

Movement Administrative Procedure, Evan D. Bernick

College of Law Faculty Publications

On April 4, 1946, The Potters Herald, a Thursday weekly dedicated to labor and union news, published an editorial warning readers of pending legislation “which may seriously affect labor” despite not containing a “single word about labor” in its text. This legislation would empower “anti-labor judges” to overturn decisions by the National Labor Relations Board. Despite its neutral appearance, it was in reality designed to “kick [labor and the NLRB] in the teeth” and would result in “a field day for the corporation lawyers.”

The complained-of legislation was the Administrative Procedure Act of 1946 (APA). From today’s vantage point, the …

Regulating The Digital Resonance, Hassan Salman

UC Law Science and Technology Journal

The proliferation of automated content moderation in social media has negatively impacted users’ (individuals, businesses, and governments) selfexpressions. Major social media platforms like Facebook act as public forums for billions of users whose content may vary in terms of acceptability and legality. User content is colored by social as well as personal norms, values and experiences. For example, though blasphemy may be objectionable in Poland, it may not be so in France. However, despite facing some mistrust over how Facebook and other platforms handle user data and moderate content, users rely on the entities like Facebook to correctly filter this …

Solar Farms In Georgia: Why We Need To Start Thinking About The End, Erica L. Welsh

Georgia State University Law Review

Despite the lack of a renewable energy mandate or a statewide carbon-cutting goal, Georgia’s renewable energy development, particularly utility-scale solar installations, is expected to increase exponentially. In the rush to join this renewable energy development surge, utilities, solar developers, and local governments must prudently consider how to manage this growth wisely and prevent avoidable costs in preparing for the inevitable decommissioning of these solar installations. Although Georgia is one of the nation’s leading states for solar power with its abundant land and sunshine, it lacks statewide policies addressing decommissioning concerns. A statewide decommissioning policy that requires some form of decommissioning …

Reducing Single-Use Plastic Waste: A Better Alternative To The Reduce Act Tax Proposal, Ryann Wong

UC Law Science and Technology Journal

This article will discuss the relevant and imminent need for government intervention to curb and reduce single-use plastic waste. It will look at the proposed 2019 REDUCE Act and consider potential outcomes and unintended consequences which the proposed plan may bring. The article will analyze the REDUCE Act through a discussion of: how similar policies have fared in the past, a historical survey of single-use plastics in US supply chain practices, how past tax laws have had a disproportionate impact on low-income taxpayers, the current market demands for single-use plastics, and an observation of how other countries are applying tax …

The Forgotten Sexual And Gender-Based Violence Of The Vietnam-American War: Is Justice Too Late For Vietnamese Victims And Survivors?, Madison P. Bingle

Human Rights Brief

“The past, far from disappearing or lying down and being quiet, has an embarrassing and persistent way of returning and haunting us unless it has in fact been dealt with adequately.” —Desmond Tutu

The Vietnam-American War ended nearly fifty years ago. However, the atrocities committed during the war have had a devasting impact on the lives of persons involved long after the conflicts’ end. A particularly marginalized group within survivors and victims of the Vietnam-American War is Vietnamese women who experienced sexual and gender-based violence. And given the specific tactics of warfare employed during this war, including the use of …

There Is No Such Thing As Circuit Law, Thomas B. Bennett

Faculty Publications

Lawyers and judges often talk about “the law of the circuit,” meaning the set of legal rules that apply within a particular federal judicial circuit. Seasoned practitioners are steeped in circuit law, it is said. Some courts have imagined that they confront a choice between applying the law of one circuit or another. In its strong form, this idea of circuit law implies that each circuit creates and interprets its own body of substantive law that is uniquely applicable to disputes that arise within the circuit’s borders.

This article argues that the notion of circuit law is nonsensical and undesirable …

Judicial Process And Vigilante Federalism, Charles W. "Rocky" Rhodes, Howard M. Wasserman

Faculty Publications

Jon Michaels’ and David Noll’s "Vigilante Federalism" (Cornell Law Review) decries the explosion of state laws that target certain people (women seeking abortions, trans students seeking to use bathrooms, schools trying to teach about race) and rely on private civil litigation by random "any persons" as the exclusive or primary enforcement mechanism. These laws "deputize private actors to wage and win the culture wars," while subordinating marginalized groups.

But Michaels and Noll conflate well-taken substantive constitutional objections to these laws with procedural issues surrounding the private enforcement mechanism, which is neither unique nor constitutionally problematic. States have long authorized private …

Ready To Do The Difficult Work Ahead: The Legal Legacy Of Senator Harry Reid, Robert Lemus, Sarah Voehl

Nevada Law Journal Forum

This White Paper examines the legal legacy of Harry Reid, who served Nevada in the Senate for thirty years and rose to the position of Majority Leader from 2007 to 2015. Senator Reid's work on land and water policy, climate change, immigration, gaming, and labor deeply affected Nevada and the United States as a whole. Through his positions of leadership, he secured funding for critical infrastructure projects, protected public lands, championed renewable energy, passed the Affordable Care Act, fought for immigration reform, and advocated for labor and gaming issues. This paper concludes that Senator Reid's legal legacy is a powerful …

The Stolen Election Lie And The Freedom Of Speech, Wes Henricksen

Faculty Scholarship

No abstract provided.

Felines In Carceral Facilities: A Call To Introduce Cat Visitation Rooms In Prisons, Nora Sullivan

UC Law Journal of Race and Economic Justice

No abstract provided.

Against Silence: Why Doctors Are Obligated To Provide Abortion Information, Michelle Oberman

Journal of Health Care Law and Policy

No abstract provided.

A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell

Elisabeth Haub School of Law Faculty Publications

The State of Wisconsin's longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin's important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation--how the state's conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” Specifically, …

Jurisprudence And Animal Protection, Carlos Montemayor

Animal Sentience

Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.

Fleeing The Land Of The Free, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in significant numbers, filing approximately 14,000 asylum claims since 2000. By formally seeking refuge elsewhere, these applicants have calculated that the risks of remaining in the United States outweigh the bundle of rights that accompany U.S. citizenship. Given the United States’ recent flirtation with authoritarianism, and the …