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Full-Text Articles in Social and Behavioral Sciences
Free-Speech Rights Versus Property And Privacy Rights: "Ag-Gag" Laws And The Limits Of Property Rights, Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
Beginning in the 1990s, private agricultural firms, research institutions, and their political allies began seeking governmental protection from undercover investigations conducted by animal rights activists. Some state governments responded by enacting statutes that regulate undercover investigatory behavior, creating statutory prohibitions on trespasses and on evidence gathering without permission and requiring undercover investigators to quickly turn over evidence of animal abuse or face civil and criminal fines and penalties (Lin 2015, 474). To date, three such state laws-popularly known as ag-gag laws, a term used by critics of the laws-have been successfully challenged based on claims that they violate First Amendment …
Federalism And The Limits On Regulating Products Liability Law, 1977-1981., Ian Drake
Federalism And The Limits On Regulating Products Liability Law, 1977-1981., Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
The political movement of the early 1980s that sought to increase manufacturer liability for defective products by converting state tort law into federal law raised core questions about federalism. The effort at wholesale federalization failed, and tort law has been (and largely remains) within the purview of the states. However, the tort federalization movement of the early 1980s, which by the end of that decade would become popularly known as" tort reform, did result in federal legislation affecting tort law in America. This article attempts to explain why tort law was never fully federalized during this period and how the …