Digital Commons Network^™

County Of Maui V. Hawaii Wildlife Fund And Its Impact On Clean Water Act Jurisprudence, Sydney Bale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

What Is The Law’S Role In A Recession?, Gabriel V. Rauterberg, Joshua Younger

Law & Economics Working Papers

The last two years have seen astonishing changes to how fiscal and monetary authorities in the developed world manage the economy. In the face of the largest global economic contraction since World War II, governments embarked on massive campaigns of economic stimulus, far outpacing the response to the Global Financial Crisis. Central banks similarly engaged in financial intervention on a scale not seen in eighty years. Over roughly a year, the Federal Reserve alone doubled its asset holdings from around $4 trillion to $8 trillion, making for arguably the most aggressive expansion of the United States’ money supply since the …

What Is The Law's Role In A Recession?, Gabriel Rauterberg, Joshua Younger

Reviews

In March 2020, the world faced not only a public health emergency but also one of the most profound shocks to the global economy in the modern era — a shock deeper and broader than any other in eighty years. Never before had virtually all of the world’s economies suffered a contraction at the same time (Tooze, p. 5). Global output decreased by nearly 3.4% in 2020, the largest contraction since the Second World War. The United States saw the largest recorded demand shock in its history (-32.9%), and the unemployment rate peaked around 15% during 2020, higher than at …

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Florida Law Review

No abstract provided.

The Law And Large Numbers: Preserving Adjudication In Complex Litigation, Alexandra D. Lahav

Florida Law Review

This Article describes the transfer of power to regulate tortfeasors from the legislative to private parties through the medium of the court system and proposes that instead of privatizing mass torts administration courts should humanize it. The federal courts are faced with large numbers of claims arising out of torts, civil rights violations, and consumer fraud. Federal judges, concerned about the transformation of their role from adjudicators to administrators, have applied various narrowing legal doctrines to avoid administering mass torts. Because courts have restricted procedures for resolving mass claims, litigants have resorted to private ordering through settlement.

The alternative to …

Patent Hermeneutics: Form And Substance In Claim Construction, Kelly Casey Mullally

Florida Law Review

The claims section of a patent performs an important public notice function in patent law. The claims inform us of the boundaries delineating the subject matter over which the inventor holds an exclusive right. Methodology for interpreting patent claims has a direct impact on the claims’ ability to fulfill that mandate. Theories of interpretation are far better developed in statutory and contract law. Many principles animating the debate between form and substance in those fields are relevant to patent law as well, but patent’s divergent genesis and purpose create some important differences. This Article identifies the methodology set forth in …

Virgil Hawkins: A One-Man Civil Rights Movement, Lawrence A. Dubin

Florida Law Review

No abstract provided.

Fin-De-Siècle Federal Civil Procedure, Carl Tobias

Florida Law Review

No abstract provided.

Terms Of Endearment And Articles Of Impeachment, Charles W. Collier, Christopher Slobogin

Florida Law Review

No abstract provided.

An Explanation Of The Federal Income Tax Exemption For Charitable Organizations: A Theory Of Risk Compensation, Nina J. Crimm

Florida Law Review

No abstract provided.

The Florida Constitution Revision Commission In Historic And National Context, Robert F. Williams

Florida Law Review

No abstract provided.

Rationing Healthcare During A Pandemic: Shielding Healthcare Providers From Tort Liability In Uncharted Legal Territory, Frederick V. Perry, Miriam Weismann

University of Miami Business Law Review

As the coronavirus pandemic intensified, many communities in the U.S. experienced shortages of ventilators, ICU beds, and other medical supplies and treatment. There was no single national response providing guidance on the allocation of scarce healthcare resources. There has been no consistent state response either. Instead, various governmental and nongovernmental state actors in several but not all states formulated “triage protocols,” known as Crisis Standards of Care, to prioritize patient access to care where population demand exceeded supply. One intended purpose of the protocols was to immunize or shield healthcare providers from tort liability based on injuries resulting from a …

Anthropocene Fiction: Empathy, Kinship, And The Troubled Waters At The End Of The World, Megan Mandell Stowe

USF Tampa Graduate Theses and Dissertations

Anthropocene literature features characters and environments grappling with the devastation of climate change. Donna Haraway’s term Chthulucene narrows this category further by exposing the tentacular connections between overpopulation, dependence on material goods, species loss, and other facets of global warming—such as water as a resource. Three novels of the Chthulucene exhibit these connections, centering on the importance of water to both ecologies and personal identity. As seen in the novels, place attachment brings ecology and identity together by forging a stewardship between person and location, often resulting in efforts to defend and preserve a place. In Octavia Butler’s Parable of …

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza

Northwestern University Law Review

In Second Amendment Animus, Professor Jacob Charles examines whether the burgeoning doctrine of unconstitutional animus should play any role in adjudicating Second Amendment claims. This Essay responds to Professor Charles’s important work. While it concludes that he is likely correct to reject animus as a grounding for Second Amendment claims, it points out areas where the analysis is more nuanced than he suggests. After considering Professor Charles’s analysis, the Essay examines the Second Amendment animus issue through the theoretical lens provided by Professor Martha Nussbaum’s work on disgust as a motivating factor for the types of exclusionary and subordinating …

Possessing Intangibles, João Marinotti

Northwestern University Law Review

The concept of possession is currently considered inapplicable to intangible assets, whether data, cryptocurrency, or NFTs. Under this view, intangible assets categorically fall outside the purview of property law’s foundational doctrines. Such sweeping conclusions stem from a misunderstanding of the role of possession in property law. This Article refutes the idea that possession constitutes—or even requires—physical control by distinguishing possession from another foundational concept, that of thinghood. It highlights possession’s unique purpose within the property process: conveying the status of in rem claims. In property law, the concept of possession conveys to third parties the allocation of property rights and …

Judicial Depictions Of Responsibility And Risk: The Erasure Of State Accountability In Canadian Sentencing Judgments Involving Indigenous People, Sarah Jane Nussbaum

PhD Dissertations

This dissertation is set within the context of Canadas mass imprisonment of Indigenous people and centres on a critical evaluation of reported sentencing judgments. In particular, the dissertation examines some of the ways in which sentencing judges both draw attention to, and obscure, state accountability. The dissertation demonstrates that sentencing judges erase the role of the state in the criminalization of Indigenous people and in the construction of Indigenous people as risky. The result is that sentencing judgments rationalize and support the re-entrenchment, rather than the redressing, of the states oppression of Indigenous people. The dissertation is theoretical and descriptive, …

Original Idea Or Illegal Copying? Video Game Copying In China And Its Effects On The U.S. Video Game Industry, Future Steps For U.S. Developers And Publishers, Wang, Michael

Santa Clara High Technology Law Journal

While China has been hearing more cases and trying to limit the “reskinning” of many popular video games published by U.S. and other foreign companies, China’s copyright law is too restrictive and does not consider the multitude of precedent as to how the industry has interpreted copyright regulation for video games. China’s copyright law sets such a high bar for originality that companies can create games with similar characters having similar abilities and mechanics, but still not violate China’s copyright laws. Chinese game companies have attempted to create mobile versions of popular games in order to make quick profits as …

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.

The United States Of California: Ninth Circuit Tips The Dormant Commerce Clause Scales In Favor Of The Golden State's Animal Welfare Legislation, Tanner Hendershot

Pepperdine Law Review

In November 2018, California voters overwhelmingly passed Proposition 12, the Prevention of Cruelty to Farm Animals Act. This law requires in-state and out-of-state farmers to provide additional living space for egg-laying hens, breeding pigs, and calves raised for veal by 2022 if the farmers wish to continue doing business within the state. In response, North American Meat Institute (NAMI), whose members account for approximately 95% of the country’s output of various meat products, filed a lawsuit in federal district court seeking a preliminary injunction against Proposition 12’s enforcement. NAMI contended Proposition 12 violated the Dormant Commerce Clause, a legal doctrine …

A Twisted Fate: How California's Premier Environmental Law Has Worsened The State's Housing Crisis, And How To Fix It, Noah Dewitt

Pepperdine Law Review

California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state’s severe housing shortage, which is currently just under one million housing units. From those directly experiencing homelessness to those living in the country’s most expensive zip codes, the compounding economic and social impacts of the crisis touch every Californian. The extent of the crisis is not lost on California’s leaders, but despite countless initiatives on both the state and …

Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Initiative In Support Of Petitioner, Nicole Stelle Garnett, Richard W. Garnett Iv, Francesca Genova Matozzo, Steven A. Engel, Michael H. Mcginley

Court Briefs

No. 21-418
Joseph A. Kennedy v. Bremerton School District

On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

This case offers the Court a much-needed opportunity to resolve the longstanding confusion caused by its conflicting and erroneous interpretations of the Establishment Clause. Although recent decisions clarify that the government may not suppress private religious expression, the Court has yet to clear away an undergrowth of older precedents that are often read to suggest the opposite. Rather than permit those outdated decisions to persist and perpetuate confusion, the Court should …

The Broken Fourth Amendment Oath, Laurent Sacharoff

Sturm College of Law: Faculty Scholarship

The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the oath.

That real-accuser requirement persisted for nearly two centuries. Almost all federal courts and most state courts from 1850 to 1960 held that the oath, by its very nature, required a witness with personal knowledge. Only in 1960 did the Supreme Court hold in Jones …

Form Over Function: How Collins V. Yellen Signals A Threat To The Independence Of Multimember Financial Regulatory Agencies, Adam C. Gillette

North Carolina Banking Institute

No abstract provided.

Social Media, Section 230, And Free Expression, Russell L. Weaver

Mercer Law Review

Throughout history, as new communications technologies have been developed, they have been controlled by “gatekeepers” who had the power to decide who could access those technologies. Although Johannes Gutenberg’s invention of the printing press in the Fifteenth century was revolutionary and ultimately led to major innovations in science and technology, as well as to dramatic societal changes, Gutenberg’s invention was not accessible by everyone. Because printing presses were expensive, only wealthy individuals could afford to own and operate them, and those few individuals had the power to control who could use their technologies to mass communicate. Many of the technologies …

Saving Family Farms From Eliminated Step-Up In Basis, Sydney Burckart

The Business, Entrepreneurship & Tax Law Review

To achieve tax equality, lawmakers have proposed eliminating the step-up in basis for assets passing through an estate at death. Closing the loophole would indeed tax the rich, but it would also impact middle-class Americans, including full-time farmers. Farmers would incur large tax liability, inhibiting their ability to earn a living exclusively on the farm. Eliminating step-up in basis is a volatile issue that lawmakers have considered implementing to achieve tax equality. This article will present the history of the step-up in basis debate and analyze past efforts to close the step-up in basis loophole. That history informs recent tax …

Fda-Approved: How Pfas-Laden Food Contact Materials Are Poisoning Consumers And What To Do About It, Katya S. Cronin

The Business, Entrepreneurship & Tax Law Review

Nearly every person in the United States currently has in their body dangerous amounts of chemicals proven to cause cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. These chemicals are known collectively as “PFAS”—per- and poly-fluoroalkyl substances—and they were designed for heavily industrial applications. However, over the last two decades, they have surreptitiously and successfully migrated from heavy machinery and building sites onto the many items that consumers use to cook, serve, or store their food. With the FDA’s blessing, PFAS are now ubiquitous in food contact materials, from where they leach directly into …

Genetically Engineered Food, Food Security, And Climate Change, Joanna K. Sax

The Business, Entrepreneurship & Tax Law Review

Malnutrition is the leading cause of death and disease worldwide. Climate change is an existential crisis. We need to feed people and address the role of agriculture in climate change – at the same time. This is problematic, as agriculture inherently creates issues that contributes to climate change. Utilizing science, through genetically engineered crops, is one way to close the harm gap between food security and climate change. This essay addresses the controversial issue of genetically engineered crops with the complicated issues of food security and cli-mate change by analyzing three main issues: (1) how the science of genetically engineered …

Creating Sustainable Food Systems With Trademarks And Technology, Agnes Beatrice Gambill

The Business, Entrepreneurship & Tax Law Review

A geographical indication (GI) is a type of trademark that conveys the geographical origin and unique characteristics of a specialty product. Well-known examples of geographical indications include Champagne and Roquefort cheese. Numerous case studies from across the globe underscore the benefits that geographical indications can contribute to rural regions, such as increased job production, repopulation of rural areas, visibility, and renewed local pride. An international treaty called the Geneva Act grants intellectual property protection for geographical indications on a worldwide basis. Notably, the U.S. is not a party to this treaty and takes a hostile stance towards the use of …

Should The Great Food Transformation Be Fake-Meat Free? Considering Strategies For A Future Of Food That Is Kinder To People, Animals, And The Planet, Iselin Gambert

The Business, Entrepreneurship & Tax Law Review

In 2019, former Trump White House adviser Sebastian Gorka infamously denounced advocates of the Green New Deal with the pithy admonishment, “They want to take away your hamburgers.” This rhetoric is ironic given that none of the politicians supporting the Deal have suggested widescale adoption of vegan diets, much less any laws or policies restricting the consumption of animal-based meat. However, given our species’ broken relationship to food, perhaps they should. The 2019 EAT-Lancet Commission Food in the Anthropocene report laid bare the scope of our current global predicament, warning that “[g]lobal food production threatens climate stability and ecosystem resilience …

An Abolitionist Critique Of Violence, Allegra Mcleod

University of Chicago Law Review

The violence experienced by young people of color in the city is multidimensional—both interpersonal and structural. So many of the young have to swallow their rage as they are surveilled in stores and on the streets, as they are targeted by cops for endless stops and frisks, as they are denied jobs, as their schools are closed, and as they are locked in cages by the thousands. For some, the violations and the deprivation turn outward. The instrumental use of violence by some young people becomes a rational adaptive strategy in response to racial and economic oppression. For some of …