Law Commons^™

Opportunity To Purchase Policies: Preserving The Affordability Of Manufactured Home Communities, Julie Gilgoff

Villanova Law Review

No abstract provided.

Lost: Heritage Stock. The Heritage Property Act And Heritage Conservation In Downtown Halifax, Nova Scotia, Eliza Richardson

Dalhousie Law Journal

This article considers heritage conservation in Halifax, examining the Heritage Property Act and its implementation. As one of the oldest cities in Canada, Halifax, Nova Scotia was graced with an abundance of built heritage. However, historic properties have been disappearing at an alarming rate, with 41 per cent of potential heritage buildings in downtown Halifax, Nova Scotia having been demolished since 2009. This article argues that the current approach to heritage conservation in Halifax is nominally successful but consistently falls short of the spirit in which it was enacted. The Act performs well in specific situations, namely where the owners …

Board Of Pharmacy, Shannon Dart, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii

Sustainable Development Law & Policy

Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …

Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill

Sustainable Development Law & Policy

“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …

The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens

Sustainable Development Law & Policy

Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …

Editors' Note, Rachel Keylon, Meghen Sullivan

Sustainable Development Law & Policy

For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Caesar’S Gambit: Coherence, Justification Of Legal Rules, And The Duty Test: Towards An Interactional Theory Of Government Liability For Negligence In Disaster Management, Irehobhude O. Iyioha

Dalhousie Law Journal

This article examines barriers posed by the duty of care test for government liability for negligence in disaster management. It argues that various aspects of the test raise concerns about coherence, legitimacy of judicial decision-making, and ultimately how we justify liability in tort law. In examining the coherence of the duty test through multiple prisms, including through theoretical justifications for tort principles, this article contends that the duty test, in its framing and interpretations, fails to meet the formal and substantive demands of coherence, correctness and legitimacy. Arguing that justificatory theories offer necessary theoretical lenses through which to understand, critique, …

Publicly-Subsidised Stadiums: Changing The Game Through Good Governance, Ryan Gauthier

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.

Addressing The Toll Of Truth Telling, Inga N. Laurent

Brooklyn Law Review

Across the United States, there are mounting and renewed calls for applying restorative justice principles to deeply entrenched societal ills based on reconciliation, namely in the form of truth and reconciliation commissions (TRCs). Amid our great mobilization, we would be wise to pause, contemplating lessons from lived experiences. Since the 1970s, approximately thirty-five national truth commissions have taken place. In South Africa, Canada, Sierra Leone, and many processes, TRCs have proven adept at cataloguing approved instances of victim and survivors’ (VS) stories and elaborately contextualizing conflict through a new historical lens. Despite the transformative potential of TRCs, they are still …

Blue Water Navy Veterans And The Agent Orange Rulings: A Lifeboat For The Veterans; A Storm Warning For The Vba, Jennifer Howley

Catholic University Law Review

Agent Orange was a herbicidal chemical used by the U.S. military for tactical use during the Vietnam War. Although initially told by the government not to worry about exposure to the chemical, veterans, their wives, and their offspring began having severe health and reproductive issues. In the early 1990’s, Congress passed the Agent Orange Act and the government directed the Institute of Medicine to report on the health effects of Agent Orange. Through this approach, Vietnam Veterans could claim benefits for illnesses listed in connection with Agent Orange. But only some Vietnam Veterans.

Initially, only veterans who served on-shore or …

Toward Justice Epidemiology: Outlining An Approach For Person-Centred Access To Justice, Andrew Pilliar

Dalhousie Law Journal

The COVID-19 pandemic has brought widespread public attention to the fields of epidemiology and public health. These fields share a common commitment to the systematic study of disease across populations, with goals of better understanding, preventing, and treating adverse health events. They are empirical, evidence-based, and person-centred. This paper draws on the histories, norms, and methodologies of public health and epidemiology to construct a novel field of study: justice epidemiology. In recent years, a growing body of unmet legal needs research in Canada and elsewhere has demonstrated that justiciable events are likely ubiquitous, but also that these events tend to …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Richmond Public Interest Law Review

Domestic violence (“DV”) disproportionately affects Black and Brown
women. This article examines the tense history of law enforcement
engagement with minority groups, which has caused a strain on that
relationship, leaving minority groups more likely to choose to stay in their
DV situations than seek out law enforcement help. The divide still impacts
these groups today. Additionally, the article highlights several organizations
that have formed to address the needs of minority individuals. Other
organizations have been around, but their ties to law enforcement create an
added barrier for Black and Brown women seeking protection. The article
concludes by briefly examining …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Carley Ruival

Richmond Public Interest Law Review

No abstract provided.

Dobbs In The Context Of Intimate Partner Violence: The Case For A Virginia Constitutional Amendment Protecting Reproductive Choice, Courtenay Schwartz, Caitlin Bradley, Jonathan Yglesias

Richmond Public Interest Law Review

Advocates for victims of sexual and domestic violence have long
understood the critical role that reproductive freedom plays in ensuring
victim safety in the aftermath of trauma. Lawmakers, on the other hand, have
used victims of domestic and sexual violence as political footballs, oftentimes
supporting “exceptions” to abortion bans, such as for rape and incest, as a
means of distracting from the actual harms these restrictions cause. These
exceptions fail to meet the needs of victims and are inadequate protections
against the many forms of abuse, such as reproductive coercion and control,
that victims in abusive relationships face. This article …

Benefits And Drawbacks Of No-Drop Policies And Evidence-Based Prosecution, Nancy Simpson

Richmond Public Interest Law Review

In order to combat the massive threat that domestic violence poses to pub-
lic safety, prosecutors’ offices across America have enacted no-drop policies
requiring prosecutors to seek a guilty verdict on all domestic violence cases.
However, for many and varied reasons, victims of domestic violence are often
hesitant to testify against their abusers in court proceedings. Evidence-based
prosecution, sometimes called victimless prosecution, has become the goal
for many prosecutors seeking to hold abusers accountable when the victim
does not want to testify. However, there can be practical barriers to success-
ful evidence-based prosecutions, which, when combined with strict no-drop
policies, …

Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King

Richmond Public Interest Law Review

Intimate partner violence is an issue in the United States experienced by
more than one in three women. This article addresses the topic of intimate
partner violence and the factors contributing to the perpetuation of abuse. It
focuses on how these factors manifest in rural areas and in the context of the
COVID-19 pandemic, which increased isolation and economic abuse. This
article explores policies currently used to combat intimate partner violence
in these contexts. The current acts, including the Victims of Crime Act
(VOCA), the Family Violence Prevention and Services Act (FVPSA), and the
Violence Against Women Act (VAWA), expressly …

Primacy In Theory And Application: Lessons From A Half-Century Of New Judicial Federalism, Catherine R. Connors, Connor Finch

Maine Law Review

In his 1977 article, State Constitutions and the Protection of Individual Rights, Justice Brennan famously reminded jurists that our governmental system includes two constitutions applicable to each state, and New Judicial Federalism was born. Since then, state courts have applied their own Bills of Rights using different approaches with varying degrees of enthusiasm. The primacy approach, requiring state courts to consider the state constitution first, and turning to the federal constitution only if needed to resolve the case, is theoretically optimal but inconsistently followed, even in the few jurisdictions professing to adopt that approach. This Article posits that the reason …

Police-Generated Evidence In Bail Hearings: Generating Criminality And Mass Pretrial Incarceration In Canada, Jillian Rogin

Dalhousie Law Journal

Systemic racism in policing impacts many aspects of the criminal legal system including the system of judicial interim release. This paper traces the ways in which reliance on police-created evidence at bail hearings might contribute to mass pretrial incarceration in Canada which is disproportionately felt by Indigenous, Black, and marginalized people. The police synopsis and police-created criminal records are state knowledge created for state purposes. This state-created evidence in fact generates race and racialization; all of the structural inequalities built into the system of policing become relied on at bail hearings through police-created evidence which contributes to mass pretrial incarceration …

Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants, Gregory Sisk, Alexandra Gannon, Nicole L. Stangl

University of St. Thomas Law Journal

No abstract provided.

Against Political Theory In Constitutional Interpretation, Christopher S. Havasy, Joshua C. Macey, Brian Richardson

Vanderbilt Law Review

Judges and academics have long relied on the work of a small number of Enlightenment political theorists-—particularly Locke, Montesquieu, and Blackstone—-to discern meaning from vague and ambiguous constitutional provisions. This Essay cautions that Enlightenment political theory should rarely, if ever, be cited as an authoritative source of constitutional meaning. There are three principal problems with constitutional interpretation based on eighteenth-century political theory. First, Enlightenment thinkers developed distinct and incompatible theories about how to structure a republican form of government. That makes it difficult to decide which among the conflicting theories should possess constitutional significance. Second, the Framers did not write …

Letter From The Editor, Carley Ruival

Richmond Public Interest Law Review

No abstract provided.

Redefining Youth: The Case For Applying The Principles Of Miller V. Alabama To Criminal Cases Involving Adults In Late Adolescence, Salua Kamerow

Richmond Public Interest Law Review

In 2012, in Miller v. Alabama, the United States Supreme Court held it unconstitutional to impose a mandatory sentence of life without parole on children because such a sentence fails to adequately account for a child’s developmental stage or ability to weigh long-term consequences. Children are fundamentally different from adults, making them more susceptible to lack of self-regulation, poor decision making, and peer pressure. In Miller, the Court found that these aspects of children’s behavior made children less culpable than adults.

Psychological studies have demonstrated that adolescence is more protracted than previously recognized. Profound malleability of the brain characterizes the …

Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke

Richmond Public Interest Law Review

The Florida hotspot of non-native invasive species has long been recognized as a fascinating, yet perplexing environmental issue since the late 1900s. After decades of patchwork efforts by the federal and state government, it has become clear that a more holistic approach must be taken to help eradicate the Burmese Pythons that have overtaken Southern Florida. This article highlights the prior efforts taken federally and state-wide to combat this issue and assesses the current gaps in these efforts and what must be done to achieve a more holistic approach. Other states are used as points of comparison in regard to …