Law Commons^™

Ideology And Institutions In The Evolution Of Capital, Katharina Pistor

Faculty Scholarship

In Capital and Ideology, Thomas Piketty poses the intriguing thesis that ideology, or ideas about how society should be governed, is a powerful determinant for how society will be governed-as long as we take advantage of historical switch points. In this review essay I challenge this thesis by pointing out that many powerful ideas have run aground because of countervailing institutional arrangements. Oftentimes, they are leftovers from earlier times that precede the change and are now strategically employed for reconstituting private wealth. Clearly, ideology and institutions are deeply intertwined. I credit Piketty for putting ideology on the map of …

Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado

Scholarly Works

No abstract provided.

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Nonhuman Rights Or Protections: A Discussion Of The Functional Difference, If Any, Between Laws Providing Either Biocentric Rights Or Anthropocentric Protections For Nonhumans, Joel W. Glazer

Animal Law Review

This article will review examples of laws and judicial opinions that have granted rights to nonhumans, including the examples listed above, as well as a judicial opinion that grants protections, but not rights, to nonhumans. The analysis of these laws and judicial opinions is meant to answer the question of whether using the enchanted word "rights," as opposed to anthropocentric protections, confers a substantive benefit to nonhumans. Part II forms an analytical framework defining the procedural and substantive aspects of non-human rights. Part III applies that framework to judicial opinions from Argentina and the United States and analyzes whether there …

Exploring The Role Of Nonhuman Animal Victims In Federal Environmental Crime Prosecutions, Melissa L. Jarrell, Joshua Ozmy

Animal Law Review

While nonhuman animals in the United States are often victimized directly or as a consequence of environmental crimes, little is known about them or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecutions from 1983-2019, we identified cases where identifiable nonhuman animal victims play a central role in the prosecution. We developed a typology of victims and the consequences of their victimization, and we explored the geography, charging statutes, and penalties. Results suggest that victimization is infrequent, acute, and clusters around toxic discharges and pesticide abuse stemming …

Can Sentience Recognition Protect Animals? Lessons From Québec's Animal Law Reform, Michael Lessard

Animal Law Review

Academic literature needs to provide a better understanding of the legal recognition of animal sentience. This Article aims to help fill out this gap by diving into Que ́bec’s legal recognition of animal sentience in 2015. This Article draws three lessons from Que ́bec law’s recognition of animal sentience and biological needs. First, it argues that legal sentience recognition’s fate is to become more than symbolic and to receive normative force. Second, it contends that considering sentience protection as the sole instrument to prevent animal killing and exploitation is a mistake. This is so because respect for sentience is reduced …

Cetacean Cultural Rights: A Third Generation Of Rights At Sea, David Peña-Guzmán

Animal Law Review

This Article discusses the cultural rights of cetaceans, as articulated in the 2010 Declaration on the Rights of Cetaceans. It argues that these rights qualify as "third-generation rights," meaning groups of cetaceans -- as opposed to individuals -- have the right to the protection of their respective cultures. The Article begins with an account of the history of third-generation rights in international human rights law. It then examines how the concept of third-generation rights can carry over into the animal rights movement. The article proposes three criteria for determining whether a group qualifies for third-generation rights. Then, it demonstrates that …

2020 Litigation Review, Isaac Conzatti

Animal Law Review

This Litigation Review covers a varied selection of animal law related litigation that occurred in the year 2020. The coronavirus pandemic did not slow down the offenses or injustices committed against animals nor the litigation initiated on behalf of animals. While some animal-centered litigation experienced some setbacks in 2020, others sparked legislative initiatives to further protect the interests of animals. Some recent litigation highlights the need for more advocacy and legislation in order to overcome barriers imposed by lobbyists and other special interest groups. Other sections expose how pro-animal legislation has received challenges from opponents who seek to cripple protections …

2020 Domestic Legislative Review, Tara Cooley

Animal Law Review

The 116th Congress, second session, began January 3, 2020, and ended January 3, 2021. While Congress voted on key animal-related legislation, such as the Big Cat Public Safety Act, the COVID-19 pandemic slowed -- or even halted -- proposed legislation at the federal and state levels. Despite the slowdown, local voters proposed and enacted several key initiatives, including the California Ecosystems Protection Act and Orange County, Florida's Right to Clean Water initiative.9 In addition, federally enacted COVID-19-related legislation, such as the Coronavirus Aid, Relief, and Economic Security (CARES) Act, also addressed animalrelated issues. The World Health Organization (WHO) labeled COVID-19 …

2020 Foreign And International Legislative Review, Brittany Rowe

Animal Law Review

This Legislative Review highlights the animal law related legislative victories 2020 brought about on foreign and international fronts.

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, advisors, and Table of Contents for Animal Law Review Volume 27, Issue 1, 2021.

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

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

What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz

Newspaper Columns

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

An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo

Senior Honors Theses

This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …

December 2, 2020: Reform The Electoral College, Bruce Ledewitz

Hallowed Secularism

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

The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz

Newspaper Columns

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

A Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …

Comparing Corporeal Lineups To Photo Arrays, Andrew J. Costello, Blair Hoplight, Maria Lombardo

Journal of Criminal Justice and Law

An eyewitness identification study of a simulated theft of a laptop in a lecture hall was conducted in a northeastern university. After five days, 148 subjects attempted to identify the suspect from either a lineup or a photo array. Corporal lineups and video lineups were conducted in addition to traditional static photo arrays and a new “dynamic photo array” consisting of the use of front, left profile, and right profile images presented in an animated sequence within the standard six-pack photo array. No significant differences between correct identification, misidentification, and non-selection were found between any of the identification methods used. …

This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz

Newspaper Columns

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

News Literacy Skills Among Undergraduate Law Students In The Age Of Infodemic, Jibran Jamsheed Mr., Salman Bin Naeem Dr.

Library Philosophy and Practice (e-journal)

Objectives: The objective of this study is to identify the news literacy skills of law students, their ability to encounter fake news, as well as their news sharing behavior.

Research Methodology: A survey was conducted in two public sector universities of South Punjab i.e. The Islamia University of Bahawalpur and the Bahauddin Zakariya University of Multan. The population of the study comprised of undergraduate law students of the participating universities. The three-part questionnaire was used to collect the data on demographic information, perceived news literacy skills, and news sharing behavior. The collected data were analyzed using a statistical …

Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz

Newspaper Columns

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

November 5, 2020: Count All The Pennsylvania Ballots--Conservative Justices Are Seeing The Ghost Of Bush V. Gore, Bruce Ledewitz

Hallowed Secularism

Blog post, “Count All the Pennsylvania Ballots--Conservative Justices Are Seeing the Ghost of Bush v. Gore“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

Draft Transparency Policy And Dfc Board Of Directors Public Engagement Policy, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Submission to the US International Development Finance Corporation (DFC) regarding its draft Transparency Policy and Board of Directors Public Engagement Policy (2020).

A History Of Elector Discretion, Michael L. Rosin

Northern Illinois University Law Review

In its opinion in Chiafalo v. Washington, the Supreme Court disposes of the actual history of elector discretion as too inconsequential to merit its serious analysis. A history of elector discretion not only includes a history of the electors who exercised discretion when casting electoral votes, it also includes a history of commentary on the role of electors as the Constitution was created and, more importantly, as Congress was attempting to amend it. The Court almost completely ignores this history. When Congress crafted the Twelfth Amendment in 1803 it recognized that “the right of choice [of president] […] devolve[s] upon” …

Secret Surveillance Scores: Pay No Attention To What's Behind The Curtain, Allison Piper Geber

Northern Illinois University Law Review

This Comment discusses the potential and actual misuse of consumers' secret surveillance scores in e-commerce, employment, and housing situations, as evidenced in a 2019 FTC complaint. The calculation and use of these secret surveillance scores are currently unregulated. The Comment presents two main arguments: First, secret surveillance scores are equivalent to credit scores used in the financial credit reporting industry and should thus undergo similar regulation. Second, the collection of consumer data points to calculate secret surveillance scores highlights the need for broad, nationwide consumer digital data privacy legislation. The collection and use of secret surveillance scores are akin to …

State Prisons Turning Into De Facto Mental Health Institutes: A Comparative Look At The Illinois And Nebraska State Prison Systems, Margaret Kramer

Northern Illinois Law Review Supplement

This Comment discusses the systems of approaching mental health in Nebraska and Illinois state prison systems. Starting with how prison systems became some of the largest de facto mental health institutes in the country after deinstitutionalization happened on a national scale. It will then provide the guidelines and regulations in place for both Nebraska and Illinois. This Comment will then discuss what regulations would be most beneficial and how some of these can help in continuing after an individual is released from prison.

Circumventing Consultation Under The National Historic Preservation Act: How Judicial Misapplication Of Section 106 Is Putting Historic And Cultural Resources At Risk, Samuel W. Gieryn

Northern Illinois University Law Review

The Advisory Council on Historic Preservation’s website proudly features “Section 106 Success Stories” where broad and meaningful consultation led to exemplary outcomes. But what if the consultation process that lead to those successes was never triggered? Unfortunately, there are too many stories of far less success because of legal opinions that mistakenly determined federal actions not to be “undertakings” under Section 106 of the National Historic Preservation Act. This article attempts to settle the question of “What is an ‘undertaking’ in Section 106?” Through an analysis of statutory and regulatory changes, legislative history, and legal opinions, this article demonstrates that …

Researching The Jury's Internet And Social Media Presence: The Ethical And Privacy Implications, Whitni Hart

Northern Illinois University Law Review

This Comment discusses the lack of guidelines regulating attorneys' online research of potential and sitting jurors. Instantaneous online access to the personal lives of jurors provides attorneys with the opportunity to exploit private information throughout the entire trial process, ranging from voir dire to closing arguments. Because this research most often occurs outside of the courtroom doors, courts have had little opportunity to address the issue. Very few courts and ethics committees have implemented policies related to the use of social media to investigate jurors, which leaves it up to the attorneys in most jurisdictions to decide what is or …

Amazon’S Antitrust Fair Play, A Transatlantic Evaluation, Angelos Vlazakis, Angeliki Varela

Northern Illinois University Law Review

For the first time after a century, antitrust law has been making headlines around the country. Amazon, among other technological giants, finds itself in the middle of a cyclone against economic power. This article joins the endeavor of several scholars to understand Amazon's conduct, but through a different lens. It tries to see the big picture of Amazon's relevant market of operation, it evaluates indirect and potential competition and reaches the conclusion that the legendary e-retailer has a weak monopoly, if not any monopoly power. Subsequently, the article assesses several doctrines that could sanction Amazon's market conduct through comparative legal …