Constitutional Law Commons^™

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

State V. Cloutier: Implied Invitees, Pretext And Plain View Under The Fourth Amendment, Dennis M. Doiron

Maine Law Review

Law enforcement officers often have occasion to follow the path to the front door of a residence in order to speak to its occupant. Upon answering the door, the occupant may hear a complaint about his barking dog, a query as to whether he witnessed the burglary next door, or a plea seeking support for the police department's Christmas charity drive. Occasionally, a police officer follows the path to a person's door and unexpectedly observes incriminating evidence or activities. In such cases, the police officer's conduct generates the issue of whether his observation implicates the fourth amendment's prohibition against unreasonable …

Legal Standards Governing Modification Of Child Custody Orders, Christian T. Chandler

Maine Law Review

Child custody is an area of the law where the courts have tread cautiously. Bitter disputes between separating parents often erupt into court struggles over which parent will gain custody of the minor children. As a result of this discord, and the terrible toll it can take on both the parents and the children, the courts are wary of modifying the original custody decree and moving a child from one parent to another. Courts must vigilantly deter custody suits brought purely for vengeance or harassment. The court acts as the child's legal protector when a change of custody issue is …

Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill

Maine Law Review

Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …

The Child Witness In Sexual Abuse Cases In Maine: Presentation, Impeachment, And Controversy, Kermit V. Lipez

Maine Law Review

In any sexual abuse trial, the entry of the child into the courtroom is a dramatic moment. The large door to the courtroom opens. A small child enters, accompanied by a victim advocate who walks with the child toward the witness stand. At the end of the public seats, the child is turned over to a court officer who escorts the child to the witness stand. In the typically high-ceilinged, expansive courtroom where we conduct our jury trials, the small child looks even smaller. Some children slouch in the witness chair, as if they were trying to hide. The jurors …

The Problem With Direct Collateral Review, Jaden M. Lessnick

Pepperdine Law Review

Federal habeas review of state convictions is sharply circumscribed for a reason: Granting the writ of habeas corpus disrupts the federalism and finality interests that lie at the heart of state sovereignty over criminal law. Both the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Supreme Court’s equitable bars to relief reflect the structural dangers inherent in collateral review of state convictions. Given the increasing unavailability of federal habeas relief, state prisoners have turned to another vehicle for collateral federal review, one that bypasses AEDPA’s demanding standard: direct review of state post-conviction proceedings. And regrettably, the Court has entertained …

A Government Of The People: Popular Engagement In U.S. Constitutional Democracy, Floersheimer Center For Constitutional Democracy

2024–2025 Flyers

No abstract provided.

A Government Of The People: Popular Engagement In U.S. Constitutional Democracy, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii

2024 Event Invitations

Please join us for a fascinating discussion about the place and power of the people in constitutional practice and government design, including critical areas that feature prominently in today’s public conversation in light of recent Supreme Court terms and the upcoming election.

This event will feature three panelists—Alicia Bannon (Brennan Center for Justice at NYU School of Law), Corey Brettschneider (Brown University and Fordham Law School) and Joshua Douglas (University of Kentucky J. David Rosenberg College of Law), the latter two of whom have recently published books that center the people in core matters of political decision making—in conversation with …

Lgbtqia2s+ Inclusive Language (Handout), Elizabeth Banks

Justice Festival at Morehead State University

A handout for the presentation, titled "LGBTQIA2S+ Inclusive Language," given by Elizabeth Banks at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

Lgbtqia2s+ Inclusive Language, Elizabeth Banks

Justice Festival at Morehead State University

A PowerPoint presentation, titled "LGBTQIA2S+ Inclusive Language," given by Elizabeth Banks at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

De-Normalizing Violence: The Bystander Intervention Solution, Megan Rookard, Tabitha Riffe, Becky Davison

Justice Festival at Morehead State University

A PowerPoint presentation, titled "De-Normalizing Violence: The Bystander Intervention Solution," given by Megan Rookard, Tabitha Riffe, and Becky Davison at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

The Impact Of Gender Stereotypes On The Educational Well-Being Of Women, Katty Ann Taylor, Olivia Stepp, Mikaela Warford, Lynn Guerin

Justice Festival at Morehead State University

A PowerPoint presentation, titled "The Impact of Gender Stereotypes on the Educational Well-Being of Women," given by Katty Ann Taylor, Olivia Stepp, Mikaela Warford, and Lynn Guerin at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

The Social Justice Of Archaeology, Saylor Fortner

Justice Festival at Morehead State University

A PowerPoint presentation, titled "The Social Justice of Archaeology," given by Saylor Fortner at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

Emotional Well Being & Academic Rigor In The Undergraduate Classroom, Katie Goldey

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Emotional Well Being & Academic Rigor in the Undergraduate Classroom," given by Katie Goldey at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

Poverty And Neglect In Child Welfare Law, Laken Albrink, Cameron M. Stamper

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Poverty and Neglect in Child Welfare Law," given by Laken Albrink and Cameron M. Stamper at the Justice Festival held on the campus of Morehead State University on October 8, 2024.

2024 Annual Justice Festival Program, Caudill College Of Arts, Humanities, And Social Sciences

Justice Festival at Morehead State University

The program for the 4th Annual Justice Festival held on October 8, 2023 on the campus of Morehead State University.

Challenging Gender Stereotypes: Addressing Misconceptions In Women's Sports, Angel Daugherty, Steve Chen

Justice Festival at Morehead State University

A PowerPoint presentation, titled "Challenging Gender Stereotypes: Addressing Misconceptions in Women's Sports," given by Angel Daugherty and Steve Chen at the Justice Festival held on the campus of Morehead State University on October 8, 2024.