Law Commons^™

Compilation Of Recommendations To Reduce Greenhouse Gas Emissions In New York State, Kate Marsh, Neely Mckee, Jordan Gerow

Sabin Center for Climate Change Law

The Climate Leadership and Community Protection Act (CLCPA) was passed by both houses of the New York State legislature and signed into law by Governor Andrew Cuomo in June 2019. It took effect on January 1, 2020. It requires total statewide greenhouse gas (GHG) emissions to be 40% below 1990 levels in 2030 and 85% below 1990 levels in 2050, with an aspirational goal of a 100% reduction in 2050. It is one of the strongest climate change laws in the world, and people everywhere are watching its implementation for models of what can be done elsewhere.

The CLCPA establishes …

Climate Change, Ferc, And Natural Gas Pipelines: The Legal Basis For Considering Greenhouse Gas Emissions Under Section 7 Of The Natural Gas Act, Romany M. Webb

Sabin Center for Climate Change Law

As the federal agency charged with overseeing the interstate transportation of natural gas, the Federal Energy Regulatory Commission (FERC) has recently faced growing criticism over its approval of new pipelines. Critics have lambasted FERC for failing to adequately consider the climate change impacts of pipeline development, particularly the greenhouse gas emissions associated with “upstream” natural gas production and “downstream” use. The D.C. Circuit recently weighed in, holding that the National Environmental Policy Act (NEPA) requires consideration of downstream greenhouse gas emissions, at least in some circumstances. The precise scope of that requirement continues to be debated before FERC, in the …

Black Lives Matter: Trayvon Martin, The Abolition Of Juvenile Justice And #Blackyouthmatter, Nancy E. Dowd

University of Florida Journal of Law & Public Policy

No abstract provided.

The Dog Walker, The Birdwatcher And Racial Voice: The Manifest Need To Punish Racial Hoaxes, Katheryn Russell-Brown

University of Florida Journal of Law & Public Policy

No abstract provided.

From Authoritarian Police State To Black-Inclusive Democracy, Melody R. Webb

University of Florida Journal of Law & Public Policy

No abstract provided.

The Law School Curriculum And The Movement For Black Lives, Teri A. Mcmurtry-Chubb

University of Florida Journal of Law & Public Policy

No abstract provided.

White Privilege: What It Is, What It Is Not, And How It Shapes American Discussions Of Policing And The Historical Figures We Honor, Neil H. Buchanan

University of Florida Journal of Law & Public Policy

No abstract provided.

Don't Make A Run For It: Rethinking Illinois V. Wardlow In Light Of Police Shootings And The Nature Of Reasonable Suspicion, Edith Perez

University of Florida Journal of Law & Public Policy

No abstract provided.

Finding A New Path: Using The Fifteenth Amendment To Protect The Voting Rights Of Returning Citizens, Ebony Love

University of Florida Journal of Law & Public Policy

No abstract provided.

Do Black Lawyers Matter To The Legal Profession?: Applying An Antiracism Paradigm To Eliminate Barriers To Licensure For Future Black Lawyers, Deshun Harris

University of Florida Journal of Law & Public Policy

No abstract provided.

A New Standard For Right Of Publicity Protection For Statistics In The Era Of Daily Fantasy Sports And Legalized Sports Betting - A Critique Of Daniels V. Fanduel And A Revival Of An Economic-Based Rationale To Protect Athletes' Property Rights, Mark Conrad

Cardozo Arts & Entertainment Law Journal

The Indiana Supreme Court's unanimous decision in Daniels v. FanDuel, addressing whether the use of an athlete 's name and statistical information is subject to a right ofpublicity, has the potential to serve as a persuasive precedent-and formidable obstacle-in future sportsrelated legal matters. Specifically, in rejecting the plaintiff's claim, the court ruled that publicly available statistical information used in a daily fantasy sports game is protected speech under a statutory "newsworthy value" exemption found in the state's right of publicity law. The panel also determined that the use of athletes'names and images are protected as well. On the surface, …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 38, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Breaking With Convention: The Conceptual Failings Of Scènes À Faire, Robert Kirk Walker

Cardozo Arts & Entertainment Law Journal

According to the scenes a faire doctrine, the standard or stock elements in an expressive work cannot, by themselves, support a copyright infringement claim. Like the idea/expression dichotomy and the merger doctrine, scenes a faire is intended to limit the scope of what authors may claim as their exclusive property and, in doing so, to promote the continued health of the public domain. Just as you can't hold copyright in an idea, you also can't copyright a standard dramatic convention or literary device. However unlike its doctrinal siblings, scenes a faire has received little attention from legal scholars, and courts …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 38 (2019-20)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Issues With The "Black Hole" Image And Their Legal Implications, Yahong Li

Cardozo Arts & Entertainment Law Journal

The release of the world'sfirst-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image 's copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a …

Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin

Faculty Scholarship

No abstract provided.

Decommissioning Of Offshore Oil And Gas Facilities In The United States, Keith B. Hall

Journal Articles

No abstract provided.

Transaction Cost Economics & Maes: The Dealmaker's Crystal Ball, Christina M. Sautter

Journal Articles

No abstract provided.

Unintended Consequences For Reversing Rapprochement: Is The Us Government Liable For A Loss Of Us Property In Cuba?, David Kolansky

Vanderbilt Journal of Transnational Law

In 2014, the United States announced a historic reopening of ties with Cuba. This effort at rapprochement included restoring diplomatic relations and easing regulatory restrictions to facilitate greater business, trade, travel, and communication between the two nations. However, the US government's decision in 2017 to reverse course and reinstate the economic embargo against Cuba could result in significant legal and financial consequences for both US claimants who hold property in Cuba and the US government. One issue that arises is whether US corporations and individuals, who invested in property in Cuba following the Obama-era easing of restrictions, have a constitutional …

A Sinking World: A Model Framework For Climate Change Adaptation Measures In Coastal Cities, Emma Rose

Vanderbilt Journal of Transnational Law

Climate change has already begun wreaking havoc on coastal communities across the globe, including Miami, Venice, and the Philippines. Adaptation mechanisms may be the most powerful weapons these communities have to combat sea level rise and the other disastrous effects of a warming planet. However, these adaptation programs must fit within each nation's unique federal and local regulatory schemes. Additionally, when they are funded by the federal government or foreign sources, these communities may have to sacrifice some autonomy over their implementation. While adaptation strategies can be broken down into three primary modes--resistance, transformation, and retreat--the most effective combination of …

Venture Capital In China And India: Does Business Form Matter?, Lin Lin, Umakanth Varottil

Vanderbilt Journal of Transnational Law

This Article reevaluates the importance of business organizational forms with regard to venture capital funds by exploring two major Asian markets, China and India. Evidence suggests that the limited partnership is the leading business form among Chinese venture capital funds. On the other hand, Indian venture capital funds are predominantly organized as private noncharitable trusts. These findings challenge the orthodox view that the limited partnership is the preferred business form for venture capital funds. Instead, Indian venture capital funds have used the trust vehicle effectively and regard it as a functional equivalent to limited partnerships. This Article argues that the …

The Charming Betsy Canon, American Legal Doctrine, And The Global Rule Of Law, Justin Hughes

Vanderbilt Journal of Transnational Law

In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that "an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains." The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court noted that the doctrine "has for so long been applied by this Court that it is beyond debate."

After exploring the traditional justifications for Charming Betsy, this Article proposes that the canon should be justified, not just by Congressional intent or separation …

Mozambican Illegal Debts: Testing The Odious Debt Doctrine, Mauro Megliani

Vanderbilt Journal of Transnational Law

In June 2019, the Constitutional Council of Mozambique delivered a judgment declaring a financial transaction arranged by the government in violation of the parliamentary prerogatives in budgetary matters unconstitutional. This was only the tip of an iceberg consisting of a series of transactions tainted with corruption. In the face of this illegality, many antidebt campaigners have invoked the application of the odious debt doctrine to block the enforcement of contractual claims and the availability of restitutionary remedies. Under the odious debt doctrine, a debt is odious if, in the awareness of the creditors, it is contracted without the consent of …

Mass Shootings, Legislative Responses, And Public Policy: An Endless Cycle Of Inaction, Jaclyn Schildkraut, Collin M. Carr

Emory Law Journal

Although mass shootings give rise to particularly visceral reactions and demands for action within the public sector, the corresponding response from legislators has failed to produce any meaningful change. With much of the discourse in the aftermath of these events centering on the polarized gun control-gun rights debate, two proposed solutions—assault weapons bans and universal background checks—often are at the forefront. Although varying by group and often higher immediately following a shooting, public support for these two proposals has yet to translate into legislative action. In this Article, we explore previous attempts by the federal government to regulate assault weapons …

Regulatory Malfunctions In The Drug Patent Ecosystem, Ana Santos Rutschman

Emory Law Journal

Patent protection for several of the world’s best-selling and most promising drugs—biologics—has begun waning. Over the next few years, many other drugs in this category will lose critical patent protection. In principle, this should open the United States market to competition, as more manufacturers are now able to produce relatively cheaper versions of these expensive drugs, known as biosimilars. That, however, has not been the case. This Article examines this problem in the context of the articulation between anticompetitive behaviors and regulatory interventions in the biopharmaceutical arena and argues for a novel solution: a timelier response provided by the U.S. …

Territorial Threat And Women’S Legislative Representation, Alice J. Kang, Nam Kyu Kim

Department of Political Science: Faculty Publications

Why do some countries have fewer women in parliament than do others? Recent studies find that women have less access to positions of political power in countries facing external threats. Exist-ing studies, however, do not differentiate between types of threat. We theorize that territorial threats are a particular driver of gender inequality in national parliaments. When a country’s land is under threat, people prefer having “tough” representatives in the national legislature who are competent on the military and defense moreso than when a country faces other threats. Moreo-ver, when countries face territorial threats, they build larger standing armies and adopt …

Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment, Alexander Gouzoules

Faculty Publications

The Treason Clause creates an individual right at a criminal trial that could have logically been placed within the Fifth Amendment rather than Article III: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” It has effectively prevented expansive uses of the charge at the federal level. But states may also charge citizens with treason against state governments, and many such prosecutions have played important roles in American history.

This article reviews the parallel histories of state and federal treason prosecutions. It then analyzes …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas

Theses and Dissertations (Comprehensive)

This multiple manuscript dissertation project contributes to a larger case study research project examining Matawa First Nation experiences of negotiating a proposed mining project known as the “Ring of Fire.” Nine independent First Nations located in the Treaty 9 territory in Northern Ontario, comprise a collective regional organization called Matawa First Nations. These First Nations have a long history of living their Ancestral ways of trapping, fishing, and gathering from the lands. During the early 20^th century, the southern Matawa communities began to have contacts with forestry development, but a chromite deposit with an estimated value of 65 billion …

Paradigm Perplexities: Does International Humanitarian Law Or International Human Rights Law Govern The Gaza Border Protests Of 2018-2019, & What Are The Consequences? A Response To The Supreme Court’S Opinion In Yesh Din V. Idf Chief Of Staff (Hcj 3003/18), Anthony Carl

Student Articles & Notes

In March 2018, thousands of Gazan citizens mobilized for a mass protest movement at the border with the State of Israel that endured for more than a year and a half, ending in late 2019. By February 2019, the IDF’s response to these protestors resulted in 189 deaths and 23,313 injuries to Gazan Palestinian protestors. Upon hearing challenges to the IDF’s rules of engagement brought by a number of human rights groups, the Israeli Supreme Court ruled in HCJ 3003/18 Yesh Din v. IDF Chief of Staff that the IDF’s response was proper under the law enforcement paradigm of international …