Legislation Commons^™

Evaluating The Impact Of Sb 684 In San Luis Obispo, Andrew Darrell

City and Regional Planning

This study evaluates the impact of California Senate Bill 684 (SB 684) on housing development in San Luis Obispo. SB 684 aims to streamline the approval process for small-scale residential projects to address the state's housing shortage by promoting affordable housing construction. The aim of this report will be to examine the provisions of SB 684 and evaluate the feasibility of development under it. A general overview of the legislative provisions accompanied by legal context will provide a background to the law. Case studies of small lot development will illustrate design decisions that can be incorporated into new SB 684 …

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

Data Privacy By Contract, Ifeoma Ajunwa, Austin Kamer

Cardozo Law Review

Protecting consumer privacy rights presents a particular challenge given the prevalence of data breaches. This Article notes that current law is woefully inadequate in protecting the privacy rights of consumers. Notably, the law fails in the following four areas: (1) classification of consumer data, (2) lack of a comprehensive approach, (3) after-the-fact focus, and (4) limited accountability for third parties. Although it may be impossible to eliminate all data breaches, more regulations can bolster protection without restricting technological advancements. This Article proposes a contractual approach to privacy protection for consumers. It argues that the creation of mandatory implied contractual terms …

Session 5: Generative Ai Tort Liability, Mark Chinen

SITIE Symposiums

In Session Five of the SITIE2024 Symposium titled “Generative AI Tort Liability,” Professor Mark Chinen discussed Tort law in relation to artificial intelligence. He began by discussing the emerging harms in software development and then transitioned to generative AI, identifying features relevant to tort liability. Chinen also addressed the actors and parties involved in AI development and use in tort law and explored the broad issues in tort law and generative AI. Focusing on the US context, he discussed harm related to Freedom of Expression and specific torts related to AI harms. Finally, he briefly discussed the European Union's approach …

Session 4: Generative Ai And Artists, Heather Johnson, Moorisha Bey-Taylor, Sarah Duran

SITIE Symposiums

This session primarily focuses on the concerns of balance: how to allow technology to have its say while also promoting creativity and originality. There is no doubt that the approved interdependence of technology and artistic creation can develop great works and will ultimately shed new light on the conversation of artificial intelligence, but doing so will require time and overcoming challenges.

Session 3: Digital Resurrection: Immortality Or Imposter?, Victoria J. Haneman

SITIE Symposiums

With the sudden rise in Artificial Intelligence (AI), there have been many concerns brought with it. One of these concerns involves the issue of the right to control your “digital self” once you die. Do the dead have a right to control their memory and likeness that trumps the right of the living to remember? How can we balance these rights as we are confronted with an issue that is so time sensitive and needs immediate action?

Session 2: The Case For Infringement, Steve Cohen, Ian Crosby, Joseph R. Saveri, Tim O'Reilly

SITIE Symposiums

This session provides an in-depth examination of the evolving legal landscape surrounding generative AI and its interaction with copyright laws. Joseph Saveri opens with a discussion on numerous lawsuits filed since 2022, involving various works used by generative AI companies without authorization. Ian Crosby highlights a significant case where the New York Times has sued OpenAI and Microsoft, focusing on whether using copyrighted material to train AI models constitutes fair use and the impact of AI-generated narrative search results on journalistic revenue. Steve Cohen discusses a class action lawsuit involving voiceover actors whose recordings were misused by AI, emphasizing the …

Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Powers In A Pandemic, Julia Whitehead, Braden Leach

Georgia State University Law Review

This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …

Police-Made Law, Brenner M. Fissell

Faculty Publications

This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police “making” law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level—identifying a social problem, drafting an offense to address it, and directly proposing their offense for enactment. The conduct targeted, and the reasons for doing so, are diverse. For example, in one city a police chief successfully criminalized public intoxication so that intoxicated people would go to jails instead of hospitals; in another, a chief pushed …

The Invisibility Of The American Emigrant, Laura Snyder

DePaul Journal for Social Justice

No abstract provided.

"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling

DePaul Journal for Social Justice

No abstract provided.

Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell

DePaul Journal for Social Justice

No abstract provided.

Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder

DePaul Journal for Social Justice

No abstract provided.

Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Mecca Wilkinson

DePaul Journal for Social Justice

No abstract provided.

The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder

University of Cincinnati Law Review

No abstract provided.

Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles

University of Cincinnati Law Review

No abstract provided.

Systemic Racism Transformed To Shalom Justice., Bobby West

Doctor of Ministry Projects and Theses

ABSTRACT

April 27, 2024

SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE

This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …

Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington

Honors Theses

Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …

Cover Page, Masthead, And Table Of Contents

Journal of Legislation

No abstract provided.

The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee

Journal of Legislation

This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.

From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin

Fordham Law Review

The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …

Give It A Nudge: A Comparative Analysis Of The Values And Application Of Voluntary Environmental Programs In The United States, Pianpian Wang

Dissertations & Theses

In recent years, companies have increased their voluntary commitments to reducing carbon emissions and implementing sustainability goals. While existing research mainly focuses on government-organized voluntary environmental programs (VEPs), exploring corporate voluntary commitments is essential. The business sector’s active role in environmental management is noteworthy. Traditionally, governments have relied on command-and-control regulations and market incentives to compel companies to protect the environment. However, companies are now demonstrating a willingness to go beyond legal requirements. Naturally, we seek answers to whether these commitments are effective, what factors can contribute to their authenticity, and how we compare these voluntary commitments to other VEPs. …

Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib

Journal of Legislation

This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.

Volume 50, Issue Ii - Full Combined Issue

Journal of Legislation

No abstract provided.

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …