Digital Commons Network^™

Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez

Animal Law Review

Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.

Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes

Articles, Book Chapters, & Popular Press

The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …

Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.

Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing

Faculty Articles

This article explores policy choices and model acts related to public health administration in the U.S. This article provides information of the general public or state policymakers concerning important policy choices, variation of the pre-existing legal structure in each state, and the principles of separation of powers in limiting legislature's ability to delegate legislative-type decisions.

Beyond Congress: The Study Of State And Local Legislatures, Richard Briffault

Faculty Scholarship

I'd like to thank the Journal of Legislation and Public Policy for inviting me back to N.Y.U. I am particularly grateful to have the opportunity to sit between and learn from Bill Eskridge and Beth Garrett, who have once again demonstrated in their comments today why they are leaders in this field. I understand now what it must have been like to be a student in a class with Eskridge as the professor and Garrett as a fellow student – can you imagine what an experience that must have been?

I am going to focus my remarks on state and …

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.

The Concrete Barrier At The End Of The Information Superhighway: Why Lack Of Local Rights-Of-Way Access Is Killing Competitive Local Exchange Carriers, Christopher R. Day

Federal Communications Law Journal

The Telecommunications Act of 1996 contained the promise of a deregulated national telecommunications market with unfettered competition in both the local and long-distance telecommunications markets. Unfortunately, five years after the Act was signed, competition in local telephony is still not a reality in many areas. While some of the blame may be placed on failed business models and the withdrawal of venture capital from the market, a series of regulatory failures have also served to create an inhospitable environment for competitive local exchange carriers. One of the areas where this failure has been most evident is in governmental failure to …

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …

Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck

Federal Communications Law Journal

Designed to promote the prompt deployment of a seamless emergency services infrastructure to meet the nation's safety needs, the 911 Act not only instructs the FCC to assign the abbreviated dialing code 911 for use as the universal emergency telephone number, but also directs the Commission to establish appropriate transition periods for compliance in areas without 911 service. Furthermore, the 911 Act supports individual states' efforts to develop comprehensive emergency communications. Although improving the 911 system and saving lives by developing an end-to-end emergency communications network are commendable goals, this Note argues that the anemic 911 Act is an important …

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.

The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May

Federal Communications Law Journal

This Article argues that the congressional delegation of public interest authority to the FCC likely violates the nondelegation doctrine that inheres in the constitutional separation of powers scheme and that, even if the courts do not hold the public interest delegation unconstitutional, Congress should revise the Communications Act to set forth more specific guidance for the FCC. In today’s environment of “convergence,” in which competition is flourishing across communications sectors, Congress should not shirk its responsibility to establish fundamental policy for an industry that contributes so much to the overall health of our economy. This Article argues that Congress should …

Karsik V. State Of Israel, Mishael Cheshin, Aharon Barak, Tova Strasberg-Cohen, Aharon Barak, Shlomo Levin, Dalia Dorner, Dorit Beinisch

Translated Opinions

Facts: In the late 1950’s the army needed training area and for this purpose the authorities worked to expropriate a range of about 137 dunam of land in the region of Hadera in accordance with the Lands Ordinance (Purchase for Public Purposes) 1943.  After a number of years – on 24 March 1966 – and according to his authority in section 19 of the Expropriations Ordinance, the Minister of Finance published a notice as to the granting of the land to the State and the land was registered in the land registration books in the name of the State.

The …

Media / California's Media Shield Law: Is It Possible To Simultaneously Protect The Free Flow Of Information And Due Process Rights?, Paula D. Salinger

McGeorge Law Review

No abstract provided.

Session Law 01-226, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Consumer Protection / Dirty Money: Refunding California's Unconstitutional Smog Impact Fee, Kate A. Leary

McGeorge Law Review

No abstract provided.

Criminal Procedure / Catch-22: An Inquiry Into The Competency Of Metnally Disordered Offenders To Waive Their Right To Recommitment Hearings, Alexandra B. Mcleod

McGeorge Law Review

No abstract provided.

Criminal Procedure / Dna: Law Enforcement's Miracle Of Technology: The Missing Link To Truth And Justice, Jerilyn Stanley

McGeorge Law Review

No abstract provided.

Power And Public Utilities / Power Crisis Relief Via The Department Of Water Resources, Holly Jo Bohannan

McGeorge Law Review

No abstract provided.

Crimes / With Or Without Authorization, It's Still Identity Theft, Lance M. Davis

McGeorge Law Review

No abstract provided.

Crimes / Chapter 955: California's Response To Rising Hate Crimes Among California's Youth, Daniel R. Clark

McGeorge Law Review

No abstract provided.

Crimes / Interstate Compact For Adult Offender Supervision: Parolee And Probationer Supervision Enters The Twenty-First Century, The, James G. Gentry

McGeorge Law Review

No abstract provided.

Crimes / Identity Theft: Supporting Victims In Recovering From The Crime Of The Information Age, Jerilyn Stanley

McGeorge Law Review

No abstract provided.

Criminal Procedure / Expanding The Warrantless Arrest Exception To Dating Relationships, Elizabeth Barravecchia

McGeorge Law Review

No abstract provided.

Health And Welfare / Band-Aid Or A Solution: Child Abandonment Laws In California, A, Karen Vassilian

McGeorge Law Review

No abstract provided.

Crimes / Bridging The First Degree Murder Gap: Eliminating Sentencing Disparities For Hate Crimes In California, Amilia Sanders

McGeorge Law Review

No abstract provided.

Crimes / Chapter 906: California's Dna Data Bank Joins The Modern Trend Of Expansion, Scott N. Cameron

McGeorge Law Review

No abstract provided.

Crimes / Who Are We Protecting: The Victim Or The Victimizer?, Jennifer L. Snodgrass

McGeorge Law Review

No abstract provided.

Health And Welfare / Sit Right Here Honey, I'Ll Be Right Back: The Unattended Child In Motor Vehicle Safety Act, Jaeson D. White

McGeorge Law Review

No abstract provided.

Public Entities, Officers, And Employees / Chapter 295: Codification Of California's Fair Employment And Housing Commission Regulations Governing Workplace Language Policies, Karen L. Turner

McGeorge Law Review

No abstract provided.