Climate Disruption In Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act,
2021
Allard School of Law at the University of British Columbia
Climate Disruption In Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act, Jocelyn Stacey
All Faculty Publications
This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including constitutional law—this article identifies three shifts the Court makes in relation to climate disruption. First, the decision represents a shift away from climate denialism toward a judicial willingness to confront the environmental, social and legal implications of climate change for Canada. Second, …
Growing Burdens On Abortion Rights: An Individual Freedom During Covid-19 And Changing Judicial Interpretation,
2021
Mitchell Hamline School of Law
Growing Burdens On Abortion Rights: An Individual Freedom During Covid-19 And Changing Judicial Interpretation, John Simpson
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Workplace Violence, Firearm Prohibitions, And The New Gun Rights,
2021
South Texas College of Law - Houston
Workplace Violence, Firearm Prohibitions, And The New Gun Rights, Dru Stevenson
University of San Francisco Law Review
No abstract provided.
Robust Unionism As A Compelling Interest: Evaluating The Exacting Policies Of Janus,
2021
University of San Francisco School of Law
Robust Unionism As A Compelling Interest: Evaluating The Exacting Policies Of Janus, Seth Santini
University of San Francisco Law Review
No abstract provided.
Do The Police Protect And Serve All People In The United States?: A Survey Of The Problems Within Modern Policing And Solutions To Ensure The Police Protect And Serve Us All,
2021
University of San Francisco School of Law
Do The Police Protect And Serve All People In The United States?: A Survey Of The Problems Within Modern Policing And Solutions To Ensure The Police Protect And Serve Us All, Bianca Velez
University of San Francisco Law Review
No abstract provided.
Charles Reich, New Dealer,
2021
Touro University Jacob D. Fuchsberg Law Center
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration,
2021
Touro University Jacob D. Fuchsberg Law Center
Restoring Trust In The Judiciary: A Critical, High Priority Project For The Biden Administration, Richard C. Cahn
Touro Law Review
No abstract provided.
The State Of The State Action Doctrine: A Search For Accountability,
2021
Touro University Jacob D. Fuchsberg Law Center
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
Touro Law Review
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism for enforcing the constitutional accountability of both State and private actors. Many solutions to the doctrine's varied issues have been posed, but as of yet its problems have not been resolved. In fact, they continue to worsen, as increasing privatization combines with the doctrine's restrictions to narrow constitutional liability to the point of potential nullity. This article examines the doctrine's failures through the specific lens of accountability, demonstrating through analysis of recent caselaw how the doctrine — along with creating confusion and countless circuit splits …
Guilt By Association On The Docks And In The Casinos,
2021
Touro Law Center
Guilt By Association On The Docks And In The Casinos, Conor Byrnes
Touro Law Review
No abstract provided.
Does Due Process Have An Age Limit? Why The Law Concerning The Parental Right To Freedom Of Intimate Association In The Relationship With An Adult Child Is A Mischaracterization Of A Circuit Split,
2021
Touro Law Center
Does Due Process Have An Age Limit? Why The Law Concerning The Parental Right To Freedom Of Intimate Association In The Relationship With An Adult Child Is A Mischaracterization Of A Circuit Split, Bryan Schenkman
Touro Law Review
No abstract provided.
My Body, My Choice: Biblical, Rabbinic, And Contemporary Halakhic Responses To Abortion,
2021
Touro University Jacob D. Fuchsberg Law Center
My Body, My Choice: Biblical, Rabbinic, And Contemporary Halakhic Responses To Abortion, Adena Berkowitz
Touro Law Review
Since the Supreme Court grounded the right to an abortion in a constitutional right to privacy, legal and societal debate has continued around the status of a fetus in utero, a woman’s countervailing claims, and the interests of states and society as a whole. As American courts have faced an issue that intertwines legal, moral, and philosophical questions, so too the halakhic process confronts analogous complexities. The main line of Jewish tradition makes a much-needed contribution to the discussion of abortion. Without sharing the view that the fetus is from conception fully a person, it stops short of a complete …
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights,
2021
Touro University Jacob D. Fuchsberg Law Center
Globalization And Privatization Of Federal Corporate Prosecutions: The Pressures Eroding Fifth Amendment Rights, Katarina Resar Krasulova
Touro Law Review
Over the past several decades, our society has continued to become even more globalized and interconnected. The dynamic put increasing pressure on the fairness of criminal trials in domestic courts. This Article discusses two recent phenomena that illustrate this evolution and their impact on the defendants’ rights against selfincrimination: the globalization and privatization of the federal prosecutions. Globalization is understood as the United States’ Government’s increased reliance on foreign authorities in prosecution of cross-border crimes, while privatization denotes the Government’s reliance on private actors in conducting investigations. Investigations conducted by private entities and foreign governments, and the evidence those investigations …
The Dangers Of Free Speech In The Modern World,
2021
The University of Akron
The Dangers Of Free Speech In The Modern World, Katie Yoak
Williams Honors College, Honors Research Projects
In our modern day individuals often feel safe being able to say whatever they want from behind a computer. The ability to say whatever we want online has both positive and negative effects. This digital form of communication can bring out both the best and worst in us. Many people in our modern age take this technology and use it to engage in aggressive behavior that may not normally occur or be seen by as many people. In this modern day of internet aggression I wish to explore how the ability to speak freely online and through social media services …
Constitutional Foundations For Public Health Practice: Key Terms And Principles,
2021
University of Georgia School of Law
Constitutional Foundations For Public Health Practice: Key Terms And Principles, Fazal Khan, Marice Ashe
Scholarly Works
This chapter introduces the structure of the government in the United States and the concept of “separation of powers" among the federal, state, and local governments. It introduces core legal principles from the U.S. Constitution that frame the authority of the government to enact and enforce laws to protect and promote the public's health. These Constitutional principles are essential for the health advocate and leader to understand because every federal, state, and local law must comply with them. The core principles include the enumerated powers of the federal government and the broad plenary powers of state and local governments—which we …
From Property Rights To Liberty Rights: We The Corporations, A Review Essay,
2021
University of Georgia School of Law
From Property Rights To Liberty Rights: We The Corporations, A Review Essay, Laura Phillips-Sawyer
Scholarly Works
A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live …
Transgender Rights & The Eighth Amendment,
2021
Western New England University School of Law
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …
Constitutional Norm Entrepreneuring,
2021
University of Maryland Francis King Carey School of Law
Constitutional Norm Entrepreneuring, Oren Tamir
Maryland Law Review
No abstract provided.
Essentially Contested Constitutional Revolutions,
2021
University of Maryland Francis King Carey School of Law
Essentially Contested Constitutional Revolutions, Mark A. Graber
Maryland Law Review
No abstract provided.
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions,
2021
University of Maryland Francis King Carey School of Law
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai
Maryland Law Review
No abstract provided.
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021,
2021
University of Maryland Francis King Carey School of Law
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel
Maryland Law Review
No abstract provided.
