Digital Commons Network^™

Dog Process Or Due Pupcess? Federal Court Misses Opportunity To Modernize Pet Due Process Jurisprudence Lunon V. Botsford, 946 F.3d 425 (8th Cir. 2019)., Grace Hambuchen

Missouri Law Review

Nicknames such as Boo Bear, Snookums, Sweet Precious Baby, or Cutie Patootie fondly show how owners might typically interact with their pets. With Americans spending approximately $95.7 billion on pets in 2019, the Uniform Trust Code expressly allowing trusts to care for deceased owners’ pets, and the COVID-19 pandemic bringing a sharp increase in dog adoptions, pets are becoming an ever more significant part of the American family. When a pet escapes or goes missing, most owners desperately want them to return home safely; microchipping is one proactive, reliable option for owners to help ensure they do.

Determining Legal Custody In A Divorce Proceeding: When The Health Of A Child Hinges On Their Parents' Religion, Gabrielle N. Kahn

DePaul Law Review

No abstract provided.

A Tax With No Location Can Prioritize Education: The Impact Of The Wayfair Decision, Abigail M. Scanlon

DePaul Law Review

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer

American Indian Law Journal

No abstract provided.

The Opioid Crisis: The Battle For Overdose Prevention Sites In Illinois, Haley Arnieri

DePaul Journal of Health Care Law

Opioid overdose deaths have been steadily increasing over the past thirty years. Since 1999, more than 841,000 people have died in the United States from a drug overdose. In 2018, two out of three drug overdose deaths were from opioids. Like the rest of the country, Illinois was not able to escape this public health crisis. Opioid overdoses are the leading cause of injury-related death in the United States, but these deaths are preventable with the right resources. Some jurisdictions have started to look at new solutions to this public health crisis such as supervised injection site.

This Article discusses …

Government Opioid Litigation: The Extent Of Liability, Rebecca Haffajee, Beau Kilmer, Eric Helland

DePaul Law Review

No abstract provided.

No Moral Panic: Public Health Responses To Illicit Fentanyls, Daniel Ciccarone M.D.

DePaul Law Review

No abstract provided.

The Information Shortfalls Of Prosecuting Irresponsible Executives, Miriam H. Baer

DePaul Law Review

No abstract provided.

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental, & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …

The Long-Term Problem With Electric Vehicle Batteries: A Policy Recommendation To Encourage Advancement For Scalable Recycling Practices, Lauren Fricke

Seattle Journal of Technology, Environmental, & Innovation Law

With the growing popularity of electric vehicles, the demand for lithium ion (Li-ion) batteries, which are the dominant energy source for electric vehicles, are skyrocketing. By default, this means a growing demand for the raw materials needed to manufacture these complex batteries such as lithium, cobalt, and nickel. Economic, environmental, and political supply chain factors bring into question the sustainability of these batteries as a solution to the issues surrounding gasoline powered transportation, creating a need for large scale Li-ion battery recycling. By 2030, 140 million EVs are predicted to be on the road worldwide. In that time, eleven million …

Supplementing Dshea One Step At A Time: The Fda's Modernization Plan, Aarika Nieto

DePaul Law Review

No abstract provided.

Utilizing Electronic Mail To Prevent Drug Trafficking In Prisons, Jessica Warshaw

DePaul Law Review

No abstract provided.

Guilty Until Proven Guilty: Effective Bail Reform As A Human Rights Imperative, Hafsa S. Mansoor

DePaul Law Review

No abstract provided.

Public Health Equity Law: Considering Law As A Tool In Achieving Health Equity, Dawn Pepin

DePaul Law Review

No abstract provided.

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

Gang Databases: Race And The Constitutional Failures Of Contemporary Gang Policing In New York City, Jasmine Johnson

St. John's Law Review

(Excerpt)

Similar to many jurisdictions throughout the United States, the New York City Police Department (“NYPD”) has a gang database—a criminal intelligence system utilized by the NYPD to keep track of alleged “gang members” in New York City. And similar to many jurisdictions throughout the United States, the NYPD’s gang database has been severely criticized. Opponents of the gang database accuse the NYPD of using it as a tool for racial profiling, mass incarceration, and mass criminalization of Black and Brown young men in New York City. Opponents of the database also take issue with the NYPD’s lack of transparency …

Extraordinary (Circumstances) Injustice, Melissa Capalbo

St. John's Law Review

(Excerpt)

The box . . . . It’s a small room, so you really don’t move
around a lot. You wake up, and there’s a toilet right next to
your head. You look out the window and you see birds fly-
ing, and that only leads your mind into wanting freedom
more. And since it’s a small room, it makes you think cra-
zy. . . .Right now, I’m five-foot-seven. I grew. I came here
when I was five feet tall.

This is Rikers Island. The 19-year-old boy who shared his story is certainly not alone. Thousands of youth from …

No Luck For The Accused: How Sb 262 Keeps The Presumption Of Guilt For Many Arrestees, Ismael Perez

University of the Pacific Law Review

No abstract provided.

Law Enforcement Allegiance: How Chapter 20 Provides An Ineffective Solution To Police Accountability, Chloe Fisher

University of the Pacific Law Review

No abstract provided.

Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn

Nebraska College of Law: Faculty Publications

All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not …

Building Leaders In Policing: Using Leadership Characteristics And Attributes To Develop First-Line Supervisors And Line Officers, Brad Stewart

Education Projects

Organizational effectiveness and legitimacy in policing are largely based on public perception witnessed predominantly through interactions with line officers and first-line supervisors. The demand for highly effective first-line supervisors falls short as agencies are ill-equipped to provide leader development. This mixed methods study examined the characteristics and attributes of first-line supervisors as perceived by line officers in the Asheboro, North Carolina Police Department. Specifically, it sought to answer the following questions: (a) Which dominant characteristics and attributes are perceived by police officers to be associated with leader efficacy; (b) Which of the perceived characteristics and attributes contribute to the development …

Who Can Protect Black Protest?, Brandon Hasbrouck

Scholarly Articles

Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges …

The Antiracist Constitution, Brandon Hasbrouck

Scholarly Articles

Our Constitution, as it is and as it has been interpreted by our courts, serves white supremacy. The twin projects of abolition and reconstruction remain incomplete, derailed first by openly hostile institutions, then by the subtler lie that a colorblind Constitution would bring about the end of racism. Yet, in its debut in Supreme Court jurisprudence, colorblind constitutionalism promised that facially discriminatory laws were unnecessary for the perpetuation of white supremacy. That promise has been fulfilled across nearly every field of law as modern white supremacists adopt insidious, facially neutral laws to ensure the oppression of Black people and other …

The New Jim And Jane Crow Intersect: Challenges To Defending The Parental Rights Of Mothers During Incarceration, Carla Laroche

Scholarly Articles

Family law scholars and advocates have expressed the importance of providing counsel to parents in the family regulation system, especially parents who are incarcerated, because of the system’s complexities. This article establishes, however, that when mothers must navigate both the family regulation and criminal legal systems, the protections appointed parents’ counsel are supposed to provide are weakened. These harms are heightened especially for Black mothers within the carceral state. As this article shows, appointed lawyers in family regulation cases cannot properly protect the due process rights of mothers who are incarcerated because of the added challenges both mothers and their …

Movement Constitutionalism, Brandon Hasbrouck

Scholarly Articles

The white supremacy at the heart of the American criminal legal system works to control Black, Brown, and poor people through mass incarceration. Poverty and incarceration act in a vicious circle, with reactionaries mounting a desperate defense against any attempt to mitigate economic exploitation or carceral violence. Ending the cycle will require replacing this inequitable system with the life- and liberty-affirming institutions of abolition democracy. The path to abolition democracy is arduous, but abolitionists can press for change through what I coin “movement constitutionalism.” Movement constitutionalism is the process by which grassroots abolitionist movements shift—through demands and in solidarity with …

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …

Newsletter, Winter 2022

Newsletter

No abstract provided.

Riding To The Rescue: The Conditional Spending And Commandeering Jurisprudence Of Sandra Day O’Connor In An Era Of Federal Overreach, Meryl Justin Chertoff

SALPAL Papers & Reports

No abstract provided.