Public Law and Legal Theory Commons^™

Stopping The Cycle Of Abuse Before It Starts: An Evaluation Of Virginia’S Domestic Violence Primary Prevention Model In Schools, Amanda Palini

Richmond Public Interest Law Review

In 1994 the United States was faced with a domestic violence epidemic that led Congress to pass the Violence Against Women Act (VAWA). The Act was passed to respond to the needs of victims, particularly women, who are at the highest risk of victimization in crimes such as domestic violence and sexual assault. While domestic violence has been recognized as an important public health problem, most services provided are focused on after-the-fact interventions rather than prevention.

Many states, including Virginia, have since created domestic violence prevention programs, added preventative requirements to their state code, and tasked their respective Departments of …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

Free To Learn: Protecting Muslim Students In Public Schools, Case Precedent And Social Theory In The Fight To Protect Their Rights, Harold Hinds

Richmond Public Interest Law Review

In the aftermath of 9/11, anti-Muslim American sentiments surged. With social tensions escalating as a result of the ongoing Israel-Gaza war and, what many feel is xenophobic rhetoric from high profile political figures, discrimination against Muslim Americans has further grown. Muslim youth in this country have experienced acute discrimination that has the potential to make school an uncomfortable and hostile place. This article explains the different ways in which Muslim American students experience discrimination and provides a roadmap for how administrators, activists, attorneys, and advocates can use the long and storied history of American civil rights litigation to protect the …

Agricultural Labor Trafficking In The U.S.: An Exchange Network Analysis, Gary J. Kowaluk

Richmond Public Interest Law Review

Labor trafficking occurs when individuals are forced to work by force, fraud, or coercion. In the United States, agricultural labor trafficking is both widespread and underreported. It is often carried out by farm labor subcontractors, who conduct the labor trafficking on behalf of U.S. companies. Labor trafficking in U.S. agriculture continues year after year, as trafficked immigrant workers fear being further punished if they attempt to redress their workplace grievances. The H-2A visa system is designed to protect workers from labor trafficking abuses, but the system is ineffective and in need of reform. To learn more about agricultural labor trafficking …

From Community Science To Community Justice: Protecting Data Usability In Community Air Quality Monitoring Networks, Marley Manjarrez

Richmond Public Interest Law Review

Community science holds significant promise for empowering communities to address air quality disparities and advocate for policy change. However, the usability and legal defensibility of community-collected data pose significant challenges. This article argues that with the help of low-cost tools such as air quality monitors, community members can take an active role in combating the disproportionate distribution of air pollutants hidden by our current regulatory scheme. By examining the regulatory frameworks under the Clean Air Act and opportunities for procedural justice at federal, state, and local levels, the article identifies pathways for incorporating community-collected data into air quality regulation and …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Pembangunan Sebagai Proses Eksklusi: Kajian Hukum Dan Ekonomi-Politik Atas Proyek Strategis Nasional, Agung Wardana, Dzaki Aribawa Darmawardana

Jurnal Hukum & Pembangunan

Indonesia’s National Strategic Project (NSP) is a priority development agenda of Joko Widodo’s administration. Claiming to serve the public interest, they impact people's livelihoods in order to produce new spaces for the circulation of capital. This article aims to examine PSN by situating it within development discourse and practice. The authors argue that PSN is a mode of development that works through the power of exclusion because it is derived from certain assumptions about class, race, and gender, resulting in different consequences among social groups in society that have unequal power relations. Therefore, the authors suggests that a critical examination …

About The Journal, Asna Nayani, Editorial Team

Florida Atlantic University Undergraduate Law Journal

The Florida Atlantic University Undergraduate Law Journal (ULJ) is a student led research organization dedicated to promoting the discussion of contemporary legal topics as well as providing a forum for students who have an interest in the law. Our students engage in a collaborative editorial process designed to encourage and refine ideas and writing skills. FAU undergraduate students are invited to participate by submitting articles related to legal issues and to facilitate publication by managing the editorial and business processes.

Crisis In The Classroom: The Rise Of Book Bans Threatening American Youth, Kris Barrios

Florida Atlantic University Undergraduate Law Journal

Inspired by the experiences of his father as a Polish Jew during the reign of Adolf Hitler, author Art Spiegelman wrote Maus to memorialize the lives of Holocaust survivors. However, multiple state governments have attempted to limit American youth’s access to Maus and other classic literature by pulling books from classroom shelves.1 According to PEN America, over 5,000 books have been banned in the United States in the last two years, with more than half of these bans targeting young adult literature.2 The most commonly objected themes in these books were depictions of violence, the discussion of racism, and the …

The Balancing Act: Human Rights And The Dynamics Of Border Control Policies, Allyson Monreal

Florida Atlantic University Undergraduate Law Journal

The crisis in immigration and border control presents a significant challenge to the field of human rights law, urging a thorough exploration of the overlap between migration policies and essential human rights.

Stand Your Ground But For Who? The Criminalization Of Black Women In Self-Defense Laws, Kayla Mae Blount

Florida Atlantic University Undergraduate Law Journal

"Stand Your Ground" is an American statute based on the legal notion of "castle doctrine."14 Stand Your Ground is the protection of the responsibility to not retreat and stand your ground, granting any citizen the right to use lethal force without fleeing from a "reasonable" threat. However, the implementation of these laws has been marred by racial bias and systemic discrimination, resulting in unequal outcomes for Black people, particularly women, who find themselves in situations when self-defense is required. In evaluating multiple cases of black woman failing to successfully claim self-defense under Stand Your Ground laws, we seek to understand …

Minority Access To Education And Affirmative Action, Morgan Robinson

Florida Atlantic University Undergraduate Law Journal

Education opens doors to those who can participate in it. For example, pay ceilings based on degrees of education, voting, rights in the US, and many more liberties are a part of the “American Dream .”Minorities have been denied the right to education for hundreds of years, limiting their influence within government, ability to make a living, or freedom from oppression, all rights that white Americans can participate in without having to worry about race. Enslaved people were told they could not learn how to read for fear they would realize they were no different from the people who oppressed …

Res Communis And The Space Race: A Lesson (Yet To Be) Learned, Nurah Ghanie

Florida Atlantic University Undergraduate Law Journal

There has been a shift towards privatization and nationalism regarding the exploration of outer space despite these actions being in direct opposition to international space law. This article will explain and argue against these recent developments, using the current dilemma regarding the future of the space stations located in low Earth orbit (LEO) and the potential for a manned bases on the Moon. This article will focus on the legal framework of both international customary law as well as multilateral treaties, including but not limited to the Outer Space Treaty of 1967 in comparison to national policy by explaining the …

Table Of Contents, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson

Florida Atlantic University Undergraduate Law Journal

Following false claims of voter fraud during the 2020 presidential election, several conservative states sought to pass laws designed to limit voter fraud. However, these laws quite clearly restrict the electorate and disproportionally affect the political participation of minority, lower-class, and female voters. The trend of restricting voting rights in the U.S., whether implicitly or explicitly, is not new. Despite claiming to prioritize democratic participation, the U.S. has a history of laws that have limited eligible voters based on race, class, and gender. This is apparent through a close analysis of U.S. voting laws beginning with eligibility as determined by …

Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah

Florida Atlantic University Undergraduate Law Journal

The Depp v. Heard case in early 2022 took the global media by storm with the revelation of shocking facts and the endeavour to mend a man’s broken reputation. In this case, the defendant, Heard, accused Depp, her ex-husband of domestic abuse and many believed these accusations which in turn, sullied Depp’s reputation and negatively impacted his career. Depp maintained that the accusations were untrue and brought forth a defamation suit against Heard. This case undeniably sparked public interest in the law of defamation and its application across the world. The following article will delve into the topic of defamation …

Contributing Author Biographies, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai

Florida Atlantic University Undergraduate Law Journal

Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

A Short History Of The Interpretation-Construction Distinction, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samual Williston’s 1920 account of the distinction in the first edition of Williston on Contracts, and concludes with Arthur Linton Corbin’s 1951 reconceptualization in the first edition of Corbin on Contracts. The posts identify two different conceptions of the distinction. Under the first (Lieber and Williston), construction supplements interpretation. Under the second (Corbin), the two activities complement one …

A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic

CLIHHR Reports & Policy Submissions

This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …

The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick

Washington Law Review

In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …

Law, Critique And The Believer's Experience, Jean D'Aspremont

Dalhousie Law Journal

I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …

Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …

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.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.