Law Commons^™

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Cardozo Law News Brief: October 11, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Luis Carlos Calderon Gomez
• Rebekah Diller
• Gabor Rona
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Evelyn Konrad ’05 Shares Story of Resilience After Surviving Holocaust and Establishing a New Life in America

Matthew Barlow V. Raymond Hour : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Coral Sanchez, District Court No. 170900003

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

Benjamin S. Ruesch (12646) Tony G. Jones (9181) Travis Dunsmoor (18909) Jeannette Barney (6825) RUESCH & REEVE, PLLC Counsel for Appellee

Evelyn Konrad ’05 Shares Story Of Resilience After Surviving Holocaust And Establishing A New Life In America, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Evelyn Konrad ’05 shared her powerful story of surviving the Holocaust and finding a new life in America during a discussion with the Cardozo community on October 10.

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

Legal Standards Governing Modification Of Child Custody Orders, Christian T. Chandler

Maine Law Review

Child custody is an area of the law where the courts have tread cautiously. Bitter disputes between separating parents often erupt into court struggles over which parent will gain custody of the minor children. As a result of this discord, and the terrible toll it can take on both the parents and the children, the courts are wary of modifying the original custody decree and moving a child from one parent to another. Courts must vigilantly deter custody suits brought purely for vengeance or harassment. The court acts as the child's legal protector when a change of custody issue is …

Libby V. Calais Regional Hospital: Contracting Out Of Maine's Employment-At-Will Doctrine, Russell Goldsmith

Maine Law Review

In Libby v. Calais Regional Hospital, Elizabeth Libby, a medical technologist at Calais Regional Hospital, brought suit against her former employer claiming breach of contract for improper discharge and alleging that the hospital failed to honor the terms of their mutually binding employment agreement. In particular, the plaintiff maintained that the hospital did not follow the termination procedures that had been set forth in her employee handbook and that were incorporated as terms of her employment contract. The trial court granted defendant's motion for a directed verdict, concluding that the plaintiff did not present sufficient evidence to show that her …

Cameras In Maine's Courts: Has The Time Come? Will It Ever?, Joseph M. O'Connor

Maine Law Review

Should television cameras be allowed in Maine's courtrooms? The answer to this question implicates policies involving the rights of parties, witnesses, the media, and the public. Nearly ten years ago, the Supreme Court ruled conclusively that there is no constitutional impediment to allowing television coverage of trials in state courts. Since then, the majority of states have promulgated rules, with greater or lesser degrees of restriction, allowing television coverage of proceedings in their courts. This trend has not abated; with the adoption of audio-visual coverage rules by the Vermont Supreme Court in 1989, Maine is now the only New England …

Jurisdiction Of The Land Use Regulation Commission Within Baxter State Park, Benjamin P. Townsend

Maine Law Review

Baxter State Park is a 200,000 acre preserve located in north-central Maine that contains, among other natural features, Maine's highest mountain, Katahdin. The park was created through the efforts of a former Governor of Maine, Percival Proctor Baxter, who bought the land himself and then donated it to the people of the State of Maine. His Deeds of Gift, which were accepted by the Maine Legislature, created a trust, under the terms of which the Park is to remain "forever wild." The park is supervised by the three-member Baxter State Park Authority, which is composed of the Attorney General, the …

In Pursuit Of The Appropriate Standard Of Liability For Defective Product Designs, Christina M. Moylan

Maine Law Review

Since the advent of strict products liability with the holding in Greenman v. Yuba Products Co. in 1963 and the promulgation of section 402A of the Restatement [Second] of Torts ("Restatement") in 1965, courts have struggled to strike an appropriate balance between competing social policies with respect to liability for defective products. On the one hand, those injured by defective products should not be burdened by the contractual intricacies of the law of sales or the onerous (virtually insurmountable in products cases) evidentiary obstacles of negligence. On the other hand, most courts agree that manufacturers and distributors should not be …

Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill

Maine Law Review

Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …

The Child Witness In Sexual Abuse Cases In Maine: Presentation, Impeachment, And Controversy, Kermit V. Lipez

Maine Law Review

In any sexual abuse trial, the entry of the child into the courtroom is a dramatic moment. The large door to the courtroom opens. A small child enters, accompanied by a victim advocate who walks with the child toward the witness stand. At the end of the public seats, the child is turned over to a court officer who escorts the child to the witness stand. In the typically high-ceilinged, expansive courtroom where we conduct our jury trials, the small child looks even smaller. Some children slouch in the witness chair, as if they were trying to hide. The jurors …

With Thanks From A Student And Alumna, Nancy Diesel Mills

Maine Law Review

On the first day of orientation for my law school class, we sat in the Moot Courtroom. After introductory remarks, the Dean was announced. He wore a button down collar shirt, Rep tie, gray suit, and Bean boots. He welcomed us and he told us how great we were. Mostly, he cracked jokes, some about himself, and rattled whatever it is he keeps in his pockets. It was classic Kinvin; and I knew, then, that I had chosen the right place.

L. Kinvin Wroth: A Personal Canadian Appreciation, Innis Christie

Maine Law Review

I became Dean of Dalhousie Law School in Halifax, Nova Scotia, Canada in July of 1985. Since then Kinvin Wroth has been one of the constants, and one of the big pluses, in my working life.

A Tribute To A Colleague Who Has Endured, Orlando E. Delogu

Maine Law Review

There is a certain vogue in the academic world, and certainly in the field of Law, that would measure one's worthy and real value to the profession by the number of astute moves from school to school made in the course of a career. One hoped to ascend, at four or five year intervavls, an unpublished but generally accepted institutional hierarchy (or pecking order). Each move would be marked by acknowledged teaching accomplishment and scholarly writing. In the professional life well-lived these moves would culminate in a chair or senior professorship at any one of ten or a dozen national …

An Appreciation Of L. Kinvin Wroth, Vincent L. Mckusick

Maine Law Review

Kinvin Wroth is a man who sports many hats. After wearing his Dean's hat for twelve years with confidence and grace, Kinvin, at the end of the year, is taking off that hat and returning to wearing full-time his wide assortment of other headgear. He takes off his Dean's hat just after he reaches the age of 58, at the height of his productive powers of scholarship, teaching, and public service. For many years to come, we of the State of Maine will continue to benefit from his labors, performed under his many other hats. But the end of his …

Remarks By The Chancellor, Robert L. Woodbury

Maine Law Review

In a time when university administrators seem to endure very short terms, it is remarkable that Kinvin Wroth served as Dean for 12 years. At the University of Southern Maine alone, he served with four presidents, four chancellors, four provosts, and a score of colleague deans. His permanent and productive legacy rests in no small part on the length of his commitment as well as its character.

Humanity Facing An Overpowering And Devastating Nature: Towards A New Concept Of The Environment In Laurent Gaudé'S "Ouragan", Hala Chamata

BAU Journal - Society, Culture and Human Behavior

Traumatic disasters, in various forms, are an integral part of our daily lives. In 2005, New Orleans was severely affected by Hurricane Katrina, leaving indelible traces of destruction. Currently, climate change significantly increases the risk of hurricanes for New Orleans, and preparation for climate change remains insufficient, even within prosperous nations such as the United States. In this context, literature assumes crucial importance by providing a powerful means of raising awareness about environmental challenges. "Ouragan", Laurent Gaudé's polyphonic novel, addresses environmental issues through the portrayal of Hurricane Katrina. It explores social and climate injustices faced by the most vulnerable in …

Art And Climate : A Creative Awareness, Michel Abou Khalil

BAU Journal - Society, Culture and Human Behavior

The growing engagement of artists with ecological challenges is a significant trend in the Anthropocene era. Most often, some of them feel driven by a sense of responsibility regarding the impact of industry and consumer society on the environment. Their commitment becomes a form of activism, mobilization or even a simple commercial niche to exploit. By observing this enthusiasm in the art world for environmental issues, we can ask ourselves the following questions: despite their sometimes lack of in-depth knowledge, where does the role of artists begin and end in this complex universe? Does their commitment have real power to …

Climate Changes And Their Psychological And Social Repercussions Among A Sample Of Residents Of Akkar Governorate, Layal Al Rifai

BAU Journal - Society, Culture and Human Behavior

The study aimed to know the psychological and social repercussions of climate change among a sample of residents of Akkar Governorate in northern Lebanon in light of the variables of gender, economic status, and age group. The study adopted the descriptive analytical approach using the questionnaire as a tool for collecting data and information. The sample numbered 380 individuals, distributed according to the variables of gender, economic status, and age group, and they were chosen randomly. The sample members, residents of Akkar Governorate, feel a moderate degree of environmental anxiety and the psychological repercussions of environmental changes. The results showed …

Nature Fears Emptiness : An Analytical Reading Of Emotional Emptiness, Mariange Merhi

BAU Journal - Society, Culture and Human Behavior

Nature does things well, but sometimes it takes crooked paths... In psychoanalysis, the role of the psychoanalyst, as of any other therapist, is not only to set clinical goals, to understand the psychic work of the patient and to accompany him in his self-discovery. Above all, it is supposed to manage the internal conflicts of the suffering subject. To do this, he seeks to shed light on his unconscious journey and detect the vagaries of his psychic functioning. He try to act on his commitment, motivation and adherence to the values of the society in which he lives, without hindering …

The Impact Of Cold Weather On Mood And Cognitive Styles Among A Sample Of Residents Of The Coastal Area Of ​​Tripoli, Wissal Halabi

BAU Journal - Society, Culture and Human Behavior

The study aimed to investigate the impact of weather coldness on mood and cognitive styles among a sample of coastal area residents in Tripoli and a sample of residents from the mountainous region in Sir Al-Dinniyah area, Northern Lebanon. The sample consisted of 400 participants from the coastal area and 400 from the mountainous area, equally divided by gender (males, females). The study followed an analytical descriptive approach, utilizing the Positive Thinking Scale and the Mood State Scale after confirming their socio-metric characteristics. The statistical results revealed significant differences between the average scores of the population in the coastal areas …

Reconnexion With Nature And Solidarity, Two Major Keys In The Fight Against Climate Cataclysm In C’Est Le Monde A L’Envers By Nicolas Vanier, Hanane Abou Nasser Eddine

BAU Journal - Society, Culture and Human Behavior

This study invites us to reflect on our modern lives where the dramatic consequences of global warming are manifesting on a planetary scale: droughts and famines, massive migrations, oil shortages and soaring prices, economic crises and conflicts, etc. . In this novel, the author pushes us to question the absurdity of our production, our dependence on the economy and our mode of consumption. It nevertheless highlights the moral values which make us capable of reaching a livable future. The story takes place at a time when all the social, climate, ecological and migrant crises that were brewing for years suddenly …

The Role Of Climate Security Content On Instagram In Changing The Lifestyle Of Lebanese Society, Mariam Mohamad Hussein

BAU Journal - Society, Culture and Human Behavior

This study aimed to reveal the extent of Lebanese society’s interest in environmental affairs and the Instagram platform’s audience’s uses of environmental pages, in order to shed light on the extent to which environmental content on Instagram contributes to changing individuals’ lifestyle and identify the most prominent changes related to a lifestyle that contributes to confronting climate change. This study is a descriptive research utilizing a sample survey. The questionnaire tool was employed to gather data from a random sample of 400 individuals from the Lebanese community. The sample was selected based on a quota sample considering the place of …

Climate Change And Its Impact On Migration, Rama Aziz Darraz

BAU Journal - Society, Culture and Human Behavior

Throughout history, people have been forced to leave their lands due to scarcity of resources or conflict About scarce resources. Migration, or population movement in general, is part of human history It is considered an important adaptation mechanism, and what is new in this matter is the possibility of massive population movements as a result Chronic factors such as desertification and large-scale depletion of resources, or as a result of critical events e.g Drought, floods, hurricanes, and potential marine floods resulting from the earthquake Earth or volcanic eruption. Due to increasing awareness about the role and speed of global warming, …

Climate Change And Its Impact On Heritage, Mohamad Ali Al-Kouzi

BAU Journal - Society, Culture and Human Behavior

The purpose of this research is to find out the effects of climate change: Knowing the effects of harsh climatic features, high temperatures, heavy rains, climatic conditions and their repercussions. On heritage, which is linked to the tangible history of effects and ideas, and if it reduces gas emissions Greenhouse prelude As climate change declines and heads towards environmental catastrophe, most countries are static The planet is exerting double energies to reduce this pollution and spread renewable energy to replace the generated energy By traditional methods. If the increasing interest in the field of environmental preservation has become clear in …

Climate Change: An Alarm Raised By Marguerite Yourcenar In Souvenirs Pieux And Its Psychological Répercussions, Yvette Nasr

BAU Journal - Society, Culture and Human Behavior

An alarming situation Although climate change is a natural element, it does not pass without impacting man in all his dimensions, man being part of the ecosystem. Food is becoming increasingly unhealthy according to FAO, which calls for sustainable diets that respect biodiversity, thus making it possible to optimize natural resources. (FAO, Biodiversity and sustainable diets, 2010) Socially, increasingly desertic, the climate contributes to leaving the land to go to the city. However, another much more subtle dimension of man is affected: the psychological one. Research areas Psychology shows the adverse effects of climate change on human behavior in terms …

Impact Of Global Warming On The Mental Health And Social Aspect Of Human Beings., Emilie Chammas Fiani

BAU Journal - Society, Culture and Human Behavior

Climate change, generally involving slow and gradual changes in the environment, including rising temperatures, presents a considerable impact not only on the ecosystem, but also on society and the mental health of human beings, such as communication and human relationships as well as negative emotion, stress, anxiety and depression... Indeed, rising temperatures lead to serious social and psychological impacts, especially among people already suffering from mental problems, particularly psychosis, or suffering from dementia or even addiction, who risk falling into illness or even dying during intense heat waves. In addition, beyond depression or stress, the functioning of our brain and …