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Full-Text Articles in Law

The Art Of Access: Innovative Protests Of An Inaccessible City, Elizabeth F. Emens Jan 2020

The Art Of Access: Innovative Protests Of An Inaccessible City, Elizabeth F. Emens

Faculty Scholarship

This Essay considers inaccessible New York City through the lens of artistic production. The landscape of disability art and protest is vast and wildly diverse. This Essay proposes to capture one slice of this array. From Ellis Avery’s Zodiac of NYC transit elevators, to Shannon Finnegan’s Anti-Stairs Club Lounge at the Vessel in Hudson Yards, to Park McArthur’s work exhibiting the ramps that provided her access to galleries showing her work – these and other creative endeavors offer a unique way in to understanding the problems and potential of inaccessible cities. Legal actions have challenged some of the specific sites …


The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr. Jan 2020

The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr.

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …


Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear Jan 2020

Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear

Articles & Chapters

The battle between First Amendment expression and privacy interests in twenty-first century America is in full force. In Foster v. Svenson, a photographer used a high-powered camera to take snapshots of his neighbors. The New York court ruled that it was art and therefore immune from New York’s privacy statute. Constrained by New York’s ineffective privacy statute, the court’s ruling included a cry for the New York legislature to act.

Privacy has become an increasingly powerful right in American law, especially with the growth of technology. Yet the problem with Foster and the New York statute is that the sole …


Equality Is A Brokered Idea, Robert L. Tsai Jan 2020

Equality Is A Brokered Idea, Robert L. Tsai

Faculty Scholarship

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …


Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron Jan 2020

Herman Melville’S Billy Budd: Why This Classic Law And Literature Novel Endures And Is Still Relevant Today, Rodger Citron

Touro Law Review

No abstract provided.


Front Matter Jan 2020

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 24, Issue 3.


Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary Jan 2020

Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary

Theses and Dissertations

This dissertation looks into the violent, self-serving legal (neocolonial) order that revolves around wealth accumulation and the defense and sustainability of the status quo. The starting point and core idea that guides my discussion is the “redemptive” ideological framework and commitment to free market economies and profit-making. I thus look into the narratives upon which an alliance between development, progress, human rights and neoliberalism rests, in a manner that limits and restricts involvement and action; and normalizes and legitimizes suffering, ill-doing and irresponsibility through law. I examine the interdisciplinary and multilayered reality of repression that state sponsored, and supported, bodies …


Judging Risk, Brandon L. Garrett, John Monahan Jan 2020

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such …


Front Matter Jan 2020

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 1, 2020.


A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery Jan 2020

A Taxonomy Of Class Actions For Animals In The United States, Tess Vickery

Animal Law Review

Class actions are commonly used to redress mass wrongs against humans— but what about mass wrongs against animals? This Article provides a comprehensive overview of the types of animal-related class actions that have been filed in the United States, predominantly in the field of consumer law, and explores how these actions can be used as a strategic tool to advance protections for animals within the confines of their legal status as property. This Article also highlights the challenges that have been faced by these animal-related class actions in obtaining class certification pursuant to Rule 23 and offers some practical strategies …


Toward An Interspecies Right To Breastfeed, Mathilde Cohen Jan 2020

Toward An Interspecies Right To Breastfeed, Mathilde Cohen

Animal Law Review

Milk is young mammals’ primary food. Yet, lactating animals raised for their milk, such as cows and goats, are subject to extreme forms of violence and control preventing them from breastfeeding their own young. Numerous human parents also lack the legal, economic, social, and emotional support they need to nurse their children. At one level, the situation of humans and that of farmed animals is incommensurable in that the latter’s reproductive and lactating capacity is typically exploited and rewarded by death when unprofitable. At another level, lactating animals of all species are in a related social status. Lactating parents, typically …


The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb Jan 2020

The Meaning Of Meat, Jareb Gleckel, Sherry F. Colb

Animal Law Review

Plant-based and cell-based meat companies are vying to take over the trillion-dollar meat industry—and, in recent years, they have gained momentum. Responding to consumer demand and widespread fear about global climate change, investors like Bill Gates, Richard Branson, and even Tyson Foods began investing in alternative meat. Beyond Meat became a publicly traded company and partnered with Dunkin’ Donuts, while Impossible Foods partnered with Burger King, bringing plant-based meat products into the mainstream. But many states with strong ties to animal agriculture have sought to impede the growth of the alternative-meat market. In August 2018, Missouri became the first state …


The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr. Jan 2020

The Regulatory Vacuum: How Marijuana's Schedule I Status Imperils Endangered Species In The Emerald Triangle, Jeffrey Bausch Jr.

Animal Law Review

The U.S. Fish and Wildlife Service (the Service) is unable to adequately address Endangered Species Act (ESA) petitions because marijuana’s Schedule I status creates a regulatory vacuum. Marijuana growers use pesticides, many of which are lethal at certain concentrations. Typically, these pesticides are highly regulated by the Environmental Protection Agency (EPA). Farmers may only use pesticides specifically prescribed for use on the plant or crop. EPA has been unable to research or register pesticides for use on marijuana plants, and as a result, growers use pesticides at abnormally high concentrations. Wildlife in northern California and Oregon are directly harmed as …


The Archaic Attempts To Protect Nonhuman Suffering: Suggestions For The Advancement Of Legislative Regulation Of Online Depictions Of Animal Cruelty, Alana Van Gundy Jan 2020

The Archaic Attempts To Protect Nonhuman Suffering: Suggestions For The Advancement Of Legislative Regulation Of Online Depictions Of Animal Cruelty, Alana Van Gundy

Animal Law Review

The Internet is often used to disseminate acts of cruelty to nonhuman animals through social media postings, live feeds, remote-controlled Internet hunting, and industry videos, such as dogfighting and crush videos. Some state and federal laws regulate the depiction of animal cruelty online, either directly or indirectly. However, current statutory regulations do not fully address or completely prohibit the viewing, promoting, and depicting of animal cruelty online. Preventing Internet animal cruelty requires new or revised legislation encompassing the marketing, promoting, and depicting of online animal suffering. While more specific laws are necessary, legislators must consider numerous issues and potential ramifications …


Pets As Property: Signs Of Change In The Law Of Judgment Collections, Sande L. Buhai Jan 2020

Pets As Property: Signs Of Change In The Law Of Judgment Collections, Sande L. Buhai

Animal Law Review

Americans are deeply connected to their companion animals, regardless of what protections the law affords animals. Because the law follows culture, recent legislative and judicial developments have begun to reflect the bonds formed between human and nonhuman animals. This Article first highlights how courts and society viewed animals in the twentieth century to the present day, focusing on how courts have struck a balance between protecting animals yet still classifying them as property. While the law still views companion animals as property, this Article highlights the interstitial “property-but-not-property” framework courts use to consider the interests of animals in debt collection …


Front Matter Jan 2020

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 26, Issue 2, 2020.


A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris Jan 2020

A Quantitative Study Of Denver's Breed-Specific Legislation, Sloane M. Hawes, Devrim Ikizler, Katy Loughney, Aurora Temple Barnes Esq., Justin F. Marceau, Philip Tedeschi, Kevin N. Morris

Animal Law Review

In August of 1989, the City and County of Denver, Colorado enacted legislation that prohibits the presence of all ‘pit bull-type dogs’ (PBTDs) within the city limits. In Denver, PBTDs are defined as: American pit bull terrier, American Staffordshire terrier, or Staffordshire bull terrier. In the thirty years the ‘pit bull ban’ has been in place, the City and County of Denver and its animal control agency, Denver Animal Protection, have committed substantial resources to removing PBTDs from the community, including patrolling communities and responding to complaints made by neighbors, conducting thorough breed evaluations of suspected PBTDs, and kenneling PBTDs …


Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig Jan 2020

Oversight Of Animal Raising Claims On Product Packaging: A Review Of Jurisdiction And Challenges To Label Claims, Erin Sutherland, Adrienne Craig

Animal Law Review

This Article discusses federal and state oversight of label claims found on meat, poultry, egg, and dairy packaging and mechanisms for challenging misleading or false label claims. Part I introduces why label claims are so critical to animal welfare interests and discusses how false labeling and false advertising exacerbate the problem. Part II discusses the federal regulatory structure over animal-raising claims made on these products. Part III of this Article discusses state causes of action under consumer protection statutes. Part IV discusses the successes and failures public interest groups have had in challenging label claims and attempting to reform the …


Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield Jan 2020

Reputation, Regulatory Capture, And Reform: The Case Of New Zealand's Bobby Calves, Danielle Duffield

Animal Law Review

In 2015, two animal rights organizations in New Zealand released undercover footage exposing widespread cruelty to some of the country’s most vulnerable, and invisible, farm animals: young male calves born into the dairy industry. The footage shocked the New Zealand public. In order to put pressure on the government to adopt meaningful reforms for the protection of these animals, an animal rights organization, Save Animals From Exploitation, placed advertisements in The Guardian highlighting the cruelty in the New Zealand dairy industry. The resulting publicity led to an unprecedented response from the regulating agency, the Ministry for Primary Industries, which swiftly …


Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas Jan 2020

Joining The Herd: A Case For Closing New Zealand's Domestic Ivory Market, Bianka Atlas

Animal Law Review

This Article examines the evidence supporting the implementation of a domestic ivory trade ban in New Zealand, with the aim of informing policymakers and compelling the New Zealand government to act to establish a legal and policy framework. There is widespread support for the closure of domestic ivory markets worldwide, and this Article seeks to persuade New Zealand to join this groundswell.


Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh Jan 2020

Feeding Fido: The Case For Restitution In Ohio Animal Cruelty Convictions, Mary Walsh

Animal Law Review

This Note reviews Ohio animal cruelty convictions and makes an argument that restitution should be paid in those cases to the caretakers of the seized animals. First, this Note walks through the changing status of animals under the law from strictly property to the first anti-cruelty statutes imposed in Ohio. There is further discussion of what restitution means in cases like anti-cruelty and why it matters. The discussion then turns to why the current allowed financial sanctions are not enough to pay the fees required in housing and taking care of seized animals. Several cases in Ohio where restitution was …


People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay Jan 2020

People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay

Animal Law Review

This Note explores the link between domestic violence and animal abuse and argues that due to such a link, New Jersey should enact a publicly searchable, cross-checking animal abuse registry and a domestic violence registry. Numerous studies confirm the connection between domestic violence and animal abuse. By examining the scope and history of these abuses, and exploring the status of registries in various states, this Note aims to explain the problems these issues pose to our society. Enacting these registries in New Jersey could keep law enforcement aware of illegal activity, reveal child abuse, and prevent the online selling of …


2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger Jan 2020

2019 State Legislative Review, Diego Alfonso Gutierrez, Benjamin Lee Cregger

Animal Law Review

This Review examines the significant changes and additions to different states’ laws throughout 2019. Among those significantly affected by these changes are farm animals, wildlife, and companion animals. ‘Ag-Gag’ and ‘Right to Farm’ bills began to flourish, but opponents have seen success in challenging their constitutionality. Wild animals found protection in fur and trapping bans, in addition to bans on killing contests. Companion animals continue to gain legal and physical protection through strengthened cruelty laws. These are a few of the many bills, regulations, and laws that impacted animals in 2019. Although some protections and regulations have seen cuts and …


2019 Foreign And International Legislative Review, Daryane Couto Jan 2020

2019 Foreign And International Legislative Review, Daryane Couto

Animal Law Review

This Review offers a review of foreign and international animal protection legislation enacted or proposed in the year 2019. Included are propositions by categorically international actors, such as CITES and the UN, for regulating international wildlife trade and drafting a high-seas conservation treaty. Additionally, this Review reports how some countries, such as Slovakia, Colombia, and the United Kingdom, are finally putting an end to cruel, archaic animal practices. Finally, the recognition of animal sentience in the Australian Capital Territory, and legislation that closes the gap in Canada’s Criminal Code, are addressed. Together, these changes in foreign and international animal law …


2019 Federal Legislative Review, Patricia Estrella Jan 2020

2019 Federal Legislative Review, Patricia Estrella

Animal Law Review

The 116th Congress was historic for many reasons, and one of those reasons was major legislative progress for animals. In 2019, the Preventing Animal Cruelty and Torture Act passed,criminalizing the underlying cruelty acts in animal crushing videos. Furthermore, Congress ended the sale of healthy wild horses and burros for slaughter and committed to giving financial rewards for tips on international wildlife trafficking. Additionally, many more bills were introduced in the House of Representatives and the Senate, such as the Courthouse Dog Act and the Refuge From Cruel Trapping Act. While it is still unclear whether all the bills introduced to …


Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez Jan 2020

Afrodescendants, Law, And Race In Latin America, Tanya K. Hernandez

Faculty Scholarship

Law and Society research in and about Latin America has been particularly beneficial in elucidating the gap between the ideals of racial equality laws in the region and the actual subordinated status of its racialized subjects. Some of the recurrent themes in the race-related literature have been: the limits of the Latin American emphasis on criminal law to redress discriminatory actions; the limits of multicultural constitutional reform for full political participation; the insufficiency of land reform and recognition of ethnic communal property titles; and the challenges to implementing race conscious public policies such as affirmative action. Especially illuminating have been …


December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz Dec 2019

December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secular Responses to anti-Semitic Violence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz Dec 2019

Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell Dec 2019

Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell

Journal of Legal Education

No abstract provided.