Law Commons^™

2018 State Legislative Review, Emma Therrien

Animal Law Review

There were several important changes to animal protection in the United States in 2018. California became the first state to ban cosmetic testing on animals and also made improvements for a handful of species used in factory farming. Prop 12 was passed, increasing minimum size standards for these species, but the most drastic change was the banning of eggs produced by egg-laying hens housed in cages—effectively prohibiting the use of cages for these birds in the state and the sale of eggs from producers that use cages in production facilities out of state. Florida and New Jersey made influential advancements …

2018 Federal Legislative Review, Anna Fugate

Animal Law Review

2018 was a slow year for federal animal law legislation. Congress only signed the Endangered Salmon Predation Prevention Act into law, and that law permits the killing of sea lions to protect endangered salmon and steelhead populations. While Congress considered other animal legislation, none of this proposed legislation made it out of Congressional Committees and Subcommittees.

2018 Foreign And International Legislative Review, Caitlin Skurky

Animal Law Review

This Review examines foreign and international legislation relating to animals proposed or passed in 2018 and early 2019. The Review specifically examines legislation in Vietnam, Switzerland, Spain, Canada, Luxembourg, the U.K., Ukraine, and Portugal, with a specific focus on legislation that seeks to increase animal welfare, reduce consumption of cruel animal products, or end violent animal practices.

Front Matter

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 23, Issue 1.

Some Peculiarities Of Legal Regulation Of Multimodal Cargo Transportation In Uzbekistan, R. Ismailova

Review of law sciences

This article studies the legal regulation of cargo transportation by various modes of transportation, it is noted that international trade and the improvement of transportation technologies have greatly contributed to the growing popularity of multimodal transport, and although they are recognized as the transportation mode of the future, the legal framework governing this type of transportation has not been still formed. It is justified in the article that despite the fact that Uzbekistan provides support for business logistics, the lack of a legislative framework for multi-modal transportation greatly complicates the process of international transportation of goods.

Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova

Review of law sciences

In this article, the author attempted to reveal the possibilities of a new direction of legal science, emerging not only in Uzbekistan, but also in the entire post-Soviet space – comparative criminal procedural law, which can be used at the present stage of reforms and changed in Uzbekistan in the field of justice. In particular, the comparative criminal procedure law can successfully, on the basis of the proven experience of the most developed democratic countries, solve many tasks identified in the field of justice recently adopted. Development strategy on five priority directions of the Republic of Uzbekistan for 2017–2021. These …

December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Beneath Brooklyn’S Darkened Skies, Court Continues Long Into The Night, Emilie Ruscoe

Capstones

Tens of thousands of people who pass annually through New York’s criminal justice system via night court in Brooklyn. In these eight hours, the administration of justice slows and the human foundation of this bureaucracy is on display as the court works into the night. http://www.emilieruscoe.com/night-court/

What Role Is Neuroscience Playing In New State Raise-The-Age Laws?, Dane N. Stallone

Capstones

Several states have cited neuroscientific evidence to help justify new raise-the-age laws that raise the age at which offenders can be tried as adults. Neuroscience shows that adolescent brains continue to mature well into their 20s. How much influence neuroscience should have in determining legal policy, however, remains contested among experts.

https://theartofscienceme.wordpress.com/2019/01/05/what-role-is-neuroscience-playing-in-new-state-raise-the-age-laws/

December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Contextual Parentage, Jeffrey A. Parness

College of Law Faculty Publications

A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.

The Renewable Power Of The Mine, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Access to affordable and reliable energy is key for the mining sector and with rising demand for minerals and falling ore grades, energy demand is estimated to increase by 36% by 2035. Today, energy produced and procured by mining companies is mostly fossil fuel based. This will have to change if the sector is to contribute to the decarbonization of the world economy, needed for countries to meet the target adopted at the Paris Agreement of keeping global temperatures from rising more than 1.5-2 degrees Celsius.

At the same time, the costs of solar, wind and battery storage systems have …

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

St. Mary's Journal on Legal Malpractice & Ethics

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …

Framing The Global Pact For The Environment: Why It’S Needed, What It Does, And How It Does It, Teresa Parejo Navajas, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

We face a critical environmental crisis. Humanity consumes unsustainably; we use resources at a rate fifty percent faster than they are reproduced by the planet. The population is growing exponentially and climate change, the most important challenge of this century, is already wreaking havoc around the world. Despite numerous existing international environmental treaties, the Earth, and, therefore, human safety and prosperity, is in peril. According to a recent study by scientists from Stanford University and the National Autonomous University of Mexico, the ongoing “sixth mass extinction” threatens to cause an “assault on the foundations of human civilization.” In November 2017, …

Tying The Knot: An Interdisciplinary Approach To Understanding The Human Right To Adequate Nutrition, Jessica Fanzo, Kaitlin Y. Cordes, Elizabeth F. Fox, Anna Bulman

Columbia Center on Sustainable Investment Staff Publications

Malnutrition is alarmingly prevalent, affecting one in three people worldwide. In this Article, we argue that a key reason the global community has been unsuccessful in combating malnutrition is a lack of clarity outside the field of nutrition regarding the true meaning of “nutrition.” In particular, this has limited the effectiveness of international human rights law as a mechanism for addressing malnutrition.

In this interdisciplinary Article, which draws from both the legal and nutrition fields, we unpack the meaning of nutrition and demonstrate that a standalone right to adequate nutrition does indeed exist in international human rights law as a …

Plea Agreements As Constitutional Contracts, Colin Miller

Faculty Publications

In his dissenting opinion in Ricketts v. Adamson, Justice Brennan proposed the idea of plea agreements as constitutional contracts and lamented the fact that the Supreme Court had yet to set up rules of construction for resolving plea deal disputes. Since Adamson, courts have given lip service to Justice Brennan’s dissent and applied his reasoning in piecemeal fashion. No court or scholar, however, has attempted to define the extent to which a plea agreement is a constitutional contract or develop rules of construction to apply in plea deal disputes. This gap is concerning given that ninety-five percent of criminal cases …

Legal Principles And Seminal Legal Cases In Oocyte Donation, Jody L. Madeira, Susan L. Crockin

Articles by Maurer Faculty

Oocyte donation has played an increasingly important role in assisted reproductive technologies since the early 1980s. Over the past 30 years, unique legal standards have evolved to address issues in the oocyte donation procedure itself as well as the disputes over issues, such as parentage, that inevitably arise with new technologies, particularly for individuals seeking to build nontraditional families. This essay will explore oocyte donation's legal aspects as well as seminal law concerning the procedure, including statutory law (uniform and model provisions and enacted state laws) and selected judicial opinions concerning surrogacy and parentage, testing of oocyte donors, mix-ups of …

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.

November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Re-Peopling In A Settler-Colonial Context: The Intersection Of Indigenous Laws Of Adoption With Canadian Immigration Law, Amar Bhatia

Articles & Book Chapters

This article examines the intersection of Indigenous and Canadian ways of making and maintaining relations through the specific examples of adoption and immigration. Canada and all Indigenous societies assert the authority to re-people themselves. Unlike Canada, Indigenous peoples must do so in the face of ongoing settler colonialism. I argue that Indigenous peoples and nations have authority to regulate these matters under Indigenous laws and systems of treaty relations. However, Canadian laws and policies have served to obscure this authority. I argue that non-metaphorical decolonization requires the continued exercise of Indigenous authority over “peopling” powers. These powers necessarily include authority …

November 9, 2018: The Electoral College, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Peacebuilding Through Food Recovery, Angela Hackstadt

University Libraries Faculty Scholarship

The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation discusses …

Updates To The Uncitral Legislative Guide On Privately Financed Infrastructure Projects, Brooke Guven, Motoko Aizawa

Columbia Center on Sustainable Investment Staff Publications

CCSI, jointly with The Observatory for Sustainable Infrastructure, submitted comments to the UNCITRAL Secretariat regarding updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects. CCSI’s comments focused on the need for an updated guide, which will now refer to Public Private Partnerships, to holistically and systematically incorporate considerations of: (1) sustainable development and the SDGs, (2) rebalancing of the public versus private nature of PPPs, (3) transparency, participation, accountability, and remedy, (4) empirical evidence-based assessments of contexts in which PPPs may be desirable, (5) objectives of investment and PPPs, (6) human rights, (7) labor, (8) climate change, …

October 30, 2018: Executing Robert Bowers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Trial Of Young Adults And Sanctions Against Them, Albulena U. Ukimeraj

UBT International Conference

The juvenile delinquency issue is also regulated by the Kosovo legislation, respectively with the Juvenile Justice Code. This Code, also addresses the issue of adjudication of young adults. To these category, a special and more favorable status is been recognized comparing to the older persons in criminal procedure conducted against them, because of their different personality features and their different reaction in specific situations. The possibility to pronounce soft sanctions on the young adults is also well covered by other social sciences such as criminology, psychology, criminal law, criminal procedure law and it is claimed that the purpose of criminal …

Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …