Law Commons^™

Plan-B Activist Defense: Defending Animal-Rights Activists In Courtrooms Hostile To Political Argumentation, Hadar Aviram

Vanderbilt Law Review

In recent years, several animal rights activists faced criminal charges for rescuing animals from factory farms. The standard legal approach in these cases has been relying on the necessity defense, which has a long history in cases of civil disobedience and ideologically driven crime. Animal law scholarship on this topic tends to focus on explaining why the defense applies to open rescue. However, as recent trials have demonstrated, actual courtrooms in rural counties tend to be hostile to the necessity defense, and judges can and do rely on Supreme Court precedent to keep it out of the courtroom.

This Article's …

“Justice Of Our Own”: Defining Success At The Red Hook Community Justice Center, Hadar Dancig-Rosenberg, Peter Dixon

Vanderbilt Law Review

This study examines how success is defined at the Red Hook Community Justice Center in Brooklyn, NYC, through a participatory, community centered lens. Moving beyond standard metrics, it articulates a locally grounded vision of success centered on empowerment, support, systemic accountability, and community trust. Drawing on the Everyday Peace Indicators approach, we convened nine focus groups and two public voting sessions with neighborhood residents, justice professionals, youth, former defendants, and family members. Participants generated and ranked 72 indicators, which we thematically clustered into six key categories reflecting the diverse contexts in which participants perceived the Center's impact: (1) rehabilitation and …

Beyond Autonomy: Rethinking Deception In Sexual Assault Law, Marie Manikis

Vanderbilt Law Review

This Article focuses on recent developments in Britain in which courts have recognised gender deception as a sexual assault by using an autonomy based argument to define deception/fraud that vitiates consent in sexual offences. This Article argues against the defensibility of a framework that criminalizes deception on the basis of an ill defined autonomist based understanding as opposed to a more restrictive standard. It proposes that any adopted standard should incorporate social context and be reflexive of the ways that the state has contributed to these contexts, namely the social conditions under which the deceit takes place as well as …

A Fear About Holistic Justice, Farhang Heydari

Vanderbilt Law Review

It is a great irony of our criminal system that the enforcement of our criminal laws has long had aspects of lawlessness. Although criminal statutes define impermissible conduct by members of the public, they generally offer little guidance for state actors enforcing them.' Officers can choose which offenders to cite or arrest and which to let go. Prosecutors can choose which charges to pursue and what pleas to offer. Executives select whom to pardon and how to allocate enforcement resources. Some see the discretion vested in government actors as a virtue-- a safety valve in a system that punishes too …

Data As Policy, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …

Judicial Review Of Prosecutorial Discretion: Missed Opportunities, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Director of Public Prosecutions v Durham (also called Bouye), decd and others [2024] UKPC 21; [2024] 1 W.L.R. 3900 involved an application for judicial review of a decision to prosecute. The Privy Council rightly refused that application on the ground that the evidence did not disclose a ground for judicial review, and the criminal trial would be the more appropriate forum to investigate any further evidence. Unfortunately, the Privy Council missed several opportunities to address various lingering problems with the law on judicial review of prosecutorial decisions.

Protecting Seafarers' Rights : A Comparative Analysis Of The Mlc, 2006 As Amended, And The Ethiopian Seafarers Collective Agreement, Asfaw Siyum Balcha

World Maritime University Dissertations

No abstract provided.

An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri

World Maritime University Dissertations

No abstract provided.

Access To Justice For Seafarers In Tanzania : Legal And Institutional Barriers, Sadath Khalipha Kibwana

World Maritime University Dissertations

No abstract provided.

Plastic Pollution In The Arctic Region And International Rules : Applicability And Limitations, Zhanfeng Lang

World Maritime University Dissertations

No abstract provided.

Precarity At Sea : Legal Challenges And Protection Of Maritime Workers, Wenjuan Li

World Maritime University Dissertations

No abstract provided.

The Multidoor Courthouse System In Commercial Maritime Disputes : Enhancing Access To Justice And Dispute Resolution Efficiency In Nigeria, Adetola Aderonke Oduwole

World Maritime University Dissertations

No abstract provided.

An Assessment Of Seafarer Social Security In Nigeria On The Implementation Of Mlc, 2006 Convention, Eshidenang Francis Owan

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Legal And Policy Challenges For Developing Countries In Implementing The Imo’S 2023 Ghg Strategy : A Case Study Of South Africa And Indonesia, Mduduzi Godson Qwabe

World Maritime University Dissertations

No abstract provided.

The Problem Of Noise Pollution In Chinese Waters : Can The Current National Legal Framework Tackle The Problem?, Zhou Wang

World Maritime University Dissertations

No abstract provided.

Jurisdiction Of Vessel-Source Pollution In The Eez Under Unclos : A Case Study On China, Yang Zhang

World Maritime University Dissertations

No abstract provided.

Analysis Of Isps Code And Its Implementation In The Gambia : Case Study At The Port Of Banjul, Nfamara B.M. Jarju

World Maritime University Dissertations

No abstract provided.

Combating Illegal, Unreported And Unregulated (Iuu) Fishing In Argentina : Role Of Argentinian Coastguard As Maritime Authority In Charge Of Law Enforcement, Mario Damian Tiscornia

World Maritime University Dissertations

No abstract provided.

A Gap Analysis Of The Legal Framework For Oil Spills : Management In Nigeria, Yetunde Ajoke Idris

World Maritime University Dissertations

No abstract provided.

Legal Analysis On The Use Of Maritime Drones In Law Enforcement Operations, Da Ye Kim

World Maritime University Dissertations

No abstract provided.

Strengthening Thailand’S Ship-Sourced Oil Spill Management : A Comparative Analysis Of Legal And Response Frameworks In Thailand, The United States, And Singapore, Supranee Wattanapongsakul

World Maritime University Dissertations

No abstract provided.

Intellectual Property Futures: Exploring The Global Landscape Of Ip Law And Policy, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …

Introduction, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …

Waiting For Godot: Thinking About Criminal Law After Mass Incarceration, Jonathan Simon Professor Of Law,

Vanderbilt Law Review

This brilliant set of close observations and careful analyses on some of the most cutting-edge issues arising in criminal law and reform of the criminal-justice system arrives at a time of great uncertainty as to the direction of change in criminal justice in the United States. After roughly a decade of reform and a significant surge in social movements criticizing the excesses of policing and punishment, the national conversation around crime has shifted back toward fear and a preference for "tough" law-and-order policies. Each one of these essays is packed with a great deal of insight and detail about very …

Criminal Punishment As A Human Right?, Saira Mohamed Professor Of Law,

Vanderbilt Law Review

In the last thirty years, criminal punishment has emerged as a primary tool in service of the protection of international human rights. The development of the field of international criminal law has transformed mass human rights violations into crimes, and the crowning achievement of the field has been the creation of the International Criminal Court. Human rights tribunals, meanwhile, also have embraced the institutions of the criminal law and, through doctrines such as the due diligence standard, have translated states' obligations under human rights instruments into duties to criminally prosecute and punish. Those who were present at the creation might …

Thinking Differently: Creating Spaces Of Autonomy For The Revitalization Of Indigenous Legal Traditions In The Context Of Copyright, Johnny Mack, Graham Reynolds

All Faculty Publications

There is an urgent need to think differently. Colonialism, in its settler variant, has developed new and particularly dangerous strategies to advance its dual imperatives of the dispossession of Indigenous peoples and the erasure of Indigeneity as a politicized identity construct with a legitimate claim to law. This goal is advanced today through rights frameworks, which have generated a worrisome platform to support the logic of elimination by drawing Indigenous calls for autonomy, self-determination, and sovereignty into a settler colonial framework of authority. In this chapter, we highlight how these strategies function in the context of Canadian copyright law. Canadian …

Theme Issue - Emerging Ip Enforcement In Online Markets And Digital Spaces, Michael Goodyear

Articles & Chapters

Editor's Note

A Second Chance At The Second Amendment, Blake Creekmur

Kentucky Law Journal

No abstract provided.

Fines, Fees, & Felon Disenfranchisement: An Unjust Punishment Barring A Fundamental Right, Molly Crain

Kentucky Law Journal

No abstract provided.

The Wnba's 2020 Collective Bargaining Agreement: A Slam Dunk For Working Women And Mothers, Josh Lens

Kentucky Law Journal

No abstract provided.