Digital Commons Network^™

Are Securities Laws Effective Against Climate Change? A Proposal For Targeted Climate Related Disclosure And Ghg Reduction, Nate Chumley

Fordham Journal of Corporate & Financial Law

The New York Attorney General filed a lawsuit against Exxon Mobil on October 24, 2018, claiming the company committed securities fraud in order to prop up the value of the company by publicly disclosing a higher proxy cost—or projected future cost—of climate change regulation than the internal cost used. Following this lawsuit, a federal class action was filed utilizing the same legal theory on the same facts. These lawsuits should be viewed as part of the larger history of lawsuits against large fossil fuel companies for climate change-related harms. Public nuisance theory largely captured a set of lawsuits against these …

Previously Incarcerated Individuals’ Perceptions Of Decision-Making Leading To Their Solitary Confinement, Rita Pavone

Walden Dissertations and Doctoral Studies

This study explored the issue of communication in prison systems in conjunction with an overextended utilization of isolation confinement methods. Using Sexton’s conceptualization of the penal subjective consciousness model as a guide, the purpose of this phenomenological study was to better understand the experiences of confined offenders related to their experiences regarding the perspectives of prison officials based on a variety of factors including criminal background, social status, and programming needs. Data from semi-structured interviews with 25 participants addressed the process of communication between prison personnel and inmates from the time of incarceration through placement in isolation confinement, and then …

Parents Vs. Physicians: Treatment Decisions For Compromised And Severely Ill Newborns, Oyinkansola Lapite

Student Works

No abstract provided.

Health Care For All, Sarah Diyanidh

Student Works

No abstract provided.

The Costs And Benefits Of Affordable Housing: A Partial Solution To The Conflict Of Competing Goods, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

In this Article, I extend a prior inquiry into the costs borne by society due to the lack of enough decent, affordable housing units. I previously outlined those costs and suggested a combination of public cost savings and public and private benefits that would accrue by providing that housing. I posited that the savings and benefits, in the aggregate, could at least substantially offset the costs and might even exceed them. If that is so, I queried, why has society not produced the needed units? In answering that question, I offered several possible responses: inadequate resources, racism, and public choice …

Fetal Equality, Shaakirrah R. Sanders

Washington and Lee Law Review Online

I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …

Cruzan And Surrogate Decision-Making, David Orentlicher

Scholarly Works

When the U.S. Supreme Court issued its landmark “right to die” decision in Cruzan v. Director, Missouri Department of Health thirty years ago, the dissenting Justices and many observers criticized the Court for rejecting a right of Nancy Cruzan’s parents to refuse medical care on her behalf. Ms. Cruzan had not written a living will or a durable power of attorney, nor did it appear that she had left clear oral instructions about her wishes. But she did have loving parents who were dedicated to doing what was best for her. Nevertheless, according to the Cruzan Court, “If the State …

Intellectual Disability And The Death Penalty: Florida's Wrongs Should Be Made Right, Margaret S. Russell Esq., Allison F. Miller Esq., Robert Ouaou Ph.D.

Nova Law Review

No abstract provided.

Why Florida Should Reject Prenuptial Agreement Interpretation Through Common Law Contract And Instead Embrace Enforcement In Equity, Reid Levin

Nova Law Review

No abstract provided.

The Right To A Speedy Trial In Florida: Another Victim Of Covid-19, Blaze Walsh

Nova Law Review

No abstract provided.

Barbaric Retributivism: New Hampshire And Washington Are Two Of The Last States To Abolish The Death Penalty. Here Is Why Florida Should Follow Suit, Jonathan Perez

Nova Law Review

No abstract provided.

Direct-To-Consumer Genetic Testing: Maintenance Of Individual Privacy, Jessica L. Missel

Health Law Outlook

No abstract provided.

The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb

Animal Law Review

Plant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state …

Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig

Animal Law Review

This Article discusses federal and state oversight of label claims found on meat, poultry, egg, and dairy packaging and mechanisms for challenging misleading or false label claims. Part I introduces why label claims are so critical to animal welfare interests and discusses how false labeling and false advertising exacerbate the problem. Part II discusses the federal regulatory structure over animal-raising claims made on these products. Part III of this Article discusses state causes of action under consumer protection statutes. Part IV discusses the successes and failures public interest groups have had in challenging label claims and attempting to reform the …

Notice And Choice Must Go: The Collective Control Alternative, Richard Warner

SMU Science and Technology Law Review

Over twenty years of criticism conclusively confirm that Notice and Choice results in, as the law professor Fred Cate puts it, “the worst of all worlds: privacy protection is not enhanced, individuals and businesses pay the cost of bureaucratic laws.” So why is it still the dominant legislative and regulatory approach to ensuring adequate informational privacy online? Recent implementations of Notice and Choice include the European Union’s General Data Protection Regulation, and California’s Consumer Protection Privacy Act. There is a well-known alternative (advanced by Helen Nissenbaum and others) that sees informational privacy as arising from social norms that require conformity …

Damn It! A Conversation On Being Black, Female, And Marginalized During The Covid-19 Pandemic: Is The World Listening? A Conversation Between Black Female Law Professors, Patricia A. Broussard

Journal Publications

We are African American women with a combined forty-four years in academia. We are professors of law and have seen firsthand how COVID-19 has ravaged African Americans across this country. As we conversed with one another in the Spring of 2020 about what we were witnessing, we began to look through the spectrum of the law and discrimination, and how this novel Coronavirus is laying bare the inequities and inequalities that have been evident for hundreds of years in the Black community. We felt compelled to put pen to paper and document our conversations in an attempt to give a …

(Carbon) Farming Our Way Out Of Climate Change, Alexia Brunet Marks

Publications

Numerous climate-related emergencies highlight the challenges and urgency posed by climate change: the 2018 Intergovernmental Panel on Climate Change (IPCC) Report, the Global Climate Action Summit in California and international student walkouts, to name a few. While the IPCC Report sent an urgent cry to reduce total emissions and to achieve specific results—45% reduction by 2030 and net-zero emissions by 2050—reductions need to be combined with capturing and storing atmospheric carbon dioxide. Scientific studies have shown that an annual increase of 0.4% of carbon stored in soils would make it possible to stop the present increase in atmospheric CO2.

This …

Narrowly Tailoring The Covid-19 Response, Craig Konnoth

Publications

No abstract provided.

Taming America's Sugar Rush: A Traffic-Light Label Approach, Alexia Brunet Marks

Publications

Excess added sugar negatively impacts health and can lead to a litany of problems, such as diet-related chronic diseases, e.g., diabetes, cancer, heart disease, and obesity, costing Americans millions in rising medical bills each year. Even more, new studies reveal that individuals with these underlying chronic diseases are at a higher risk of complications from COVID-19 and other viruses compared to those who are deemed healthy. And yet added sugars are difficult to avoid because unlike naturally occurring sugars found in fruits, vegetables, and milk, these sweeteners are added during food processing and preparation.

The problem is that while consumers …

Permanently Residing Under Color Of Law: A Practitioner's Guide To An Ambiguous Doctrine, Steven Sacco, Sarika Saxena

City University of New York Law Review

New regulations[1] recently issued on the public charge ground of immigrant inadmissibility makes more crucial than ever the need to determine which non-U.S. citizens are and are not eligible for certain public assistance programs. The doctrine known as "PRUCOL," or permanently residing under color of law, establishes public benefit eligibility for non-U.S. citizens in several jurisductions. The doctrine's lack of statutory definition and inconsistent application in the case law makes it notoriously difficult for practitioners and benefit programs to identify who is and is not PRUCOL. For the non-U.S. citizens applying for benefits, and their advocates practicing at the intersection …

Outside Advisers Inside Agencies, Brian D. Feinstein, Daniel J. Hemel

Public Law and Legal Theory Working Papers

Advisory committees are a ubiquitous, yet understudied feature of the administrative state. More than seventy-five thousand experts from out-side the federal government serve on over one thousand committees across the Executive Branch, providing agencies with informed “second opinions” to complement their in-house experts in the civil service. By law, these committees must be “fairly balanced in terms of the points of view represented.” Yet little is known about whether advisory committees live up to this standard, under what circumstances agencies utilize these panels, and how advisory committees influence agency decisionmaking.

This Article sheds light on the composition and operation of …

Can Adaptive Management Help Alaska’S Natural Resource Managers Respond To Climate Change?, E. Barrett Ristroph

Natural Resources Journal

Many legal scholars have called attention to the inability of stationary natural resource management laws to respond to a changing climate. There are various proposals for remedying these laws, including the use of adaptive management, through which resource managers can monitor changes and adjust policies accordingly. Yet there are practical and political challenges to implementing adaptive management. This article considers the extent to which adaptive management has been or could be implemented in response to Alaska’s rapid climate change. Alaska is an important case study as it is warming far more quickly than many other parts of the globe, paving …

A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish

Natural Resources Journal

Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …

The Invisible Wall: Public Charge Policy Impacts On Immigrant Families, Claire R. Thomas

NYLS Law Review

No abstract provided.

California Cannabis Regulations And The Federal Food, Drug & Cosmetic Act: A Product Liability Perspective Of Edible Cannabis, Alexis Lazzeri

UC Law Business Journal

From the passage of Proposition 215 to present day, California’s cannabis industry has transformed from access solely for medical patients to a nearly three billion dollar a year industry with legal medicinal and adult-use consumption. With this rise in accessibility, edible cannabis products are being consumed more than ever. “Edibles” are food and drink products infused with cannabis, a mix of THC (i.e., delta 9 - tetrahydrocannabinol) and CBD (i.e., cannabidiol)—with varying levels of each, depending on the desired effect. CBD is a non-intoxicating compound often used to treat physical ailments and chronic conditions, while THC delivers a euphoric high. …

Why Matter Of Devera Matters: Universal Pre-K, Quality, Oversight, And The Need To Restore Public Values In New York Statutory Interpretation, Natalie Gomez-Velez

City University of New York Law Review

New York City is at the vanguard in introducing free, high-quality universal pre-kindergarten as a strategy to address educational inequity and significant opportunity gaps by improving early school readiness. New York State law authorizing universal pre-kindergarten (“UPK”), accompanied by robust quality standards, paved the way for New York City’s impressive UPK initiative. A separate New York State law authorizes charter schools and limits regulatory oversight of such schools. Matter of DeVera v. Elia, a recent decision by New York State’s highest court, dealt a blow to New York City and State efforts to require a powerful charter entity to abide …

Introduction: Global Health And Human Rights, Lawrence O. Gostin, Benjamin Mason Meier

Georgetown Law Faculty Publications and Other Works

This introduction highlights the foundational importance of human rights for global health and provides an academic framework for this book by laying out the role of human rights under international law as a basis for public health. Part I seeks to define the evolving conceptualization of health, examining both the shifting focus from medicine to public health and the shifting response from international health to global health. Framing global health as a human rights imperative, Part II examines the establishment of human rights under international law, the implementation of these rights in public policy, and the development of rights for …

Outside Advisers Inside Agencies, Brian D. Feinstein, Daniel J. Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

Advisory committees are a ubiquitous, yet understudied feature of the administrative state. More than seventy-five thousand experts from out-side the federal government serve on over one thousand committees across the Executive Branch, providing agencies with informed “second opinions” to complement their in-house experts in the civil service. By law, these committees must be “fairly balanced in terms of the points of view represented.” Yet little is known about whether advisory committees live up to this standard, under what circumstances agencies utilize these panels, and how advisory committees influence agency decision-making.

This Article sheds light on the composition and operation of …

America's Paper Prisons: The Second Chance Gap, Colleen Chien

Michigan Law Review

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …

Coral Reef Case Study: Comparing Current International And Domestic Coral Reef Laws And Diving Into The Legal Inplications Of Countries Failing To Adequately Protect And Conserve These Ecosystems As Climate Change Worsens, Avery Douglas

South Carolina Journal of International Law and Business

No abstract provided.