Anthropogenic Noise And The Endangered Species Act,
2018
American University, Washington College of Law
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry,
2018
Lewis & Clark Law School
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda
Sustainable Development Law & Policy
No abstract provided.
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices,
2018
American University Washington College of Law
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
Sustainable Development Law & Policy
Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.
Cafos: Plaguing North Carolina Communities Of Color,
2018
American University Washington College of Law
Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2018
American University Washington College of Law
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Undignified: The Supreme Court, Racial Justice, And Dignity Claims,
2018
Emory University School of Law
Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren Lenard Hutchinson
Florida Law Review
The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse,
2018
Georgia State University College of Law
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Georgia State University Law Review
Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence standard, …
Searching For Cliven Bundy: The Constitution And Public Lands,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Searching For Cliven Bundy: The Constitution And Public Lands, Ian Bartrum
Nevada Law Journal Forum
On April 5th, 2014, BLM temporarily closed over 500,000 acres of public land in Clark and Lincoln Counties in order to impound cattle grazing there in violation of a federal district court order. These cattle belonged, principally, to Cliven Bundy and his family—ranchers from Bunkerville, Nevada—who had stopped paying BLM permitting fees in the early 1990s. In anticipation of the roundup, the Bundys put out a distress call to militia-like groups around the country, and seven days later, an armed crowd confronted federal and state officers in the desert near Gold Butte. Another week later, federal authorities backed down, citing …
An Essay Concerning Some Problems With The Constitutional-Doubt Canon,
2018
Jones Day
An Essay Concerning Some Problems With The Constitutional-Doubt Canon, Benjamin M. Flowers
Washington and Lee Law Review Online
The constitutional-doubt canon instructs that statutes should be interpreted in a way that avoids placing their constitutionality in doubt. This canon is often said to rest on the presumption that Congress does not intend to exceed its constitutional authority. That presumption, however, is inconsistent with the notion that government actors tend to exceed their lawful authority—a notion that motivates our constitutional structure, and in particular the series of checks and balances that the Constitution creates. This tension between the constitutional- doubt canon and the Constitution’s structure would be acceptable if the canon accurately reflected the manner in which the public …
February 20, 2018: Just A Judicial Power Grab,
2018
Duquesne University
February 20, 2018: Just A Judicial Power Grab, Bruce Ledewitz
Hallowed Secularism
Blog post, “Just a Judicial Power Grab“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 17, 2018: Nihilism, Opioid Epidemics And School Shootings,
2018
Duquesne University
February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Nihilism, Opioid Epidemics and School Shootings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter,
2018
University of Maine School of Law
Standing Under State Search And Seizure Provision: Why The Minnesota Supreme Court Should Have Rejected The Federal Standards And Instead Invoked Greater Protection Under Its Own Constitution In State V. Carter, Rebecca C. Garrett
Maine Law Review
In State v. Carter, the Minnesota Supreme Court considered whether a criminal defendant had “standing” to challenge an alleged search under the Fourth Amendment and Article 1, Section 10 of the Minnesota Constitution. The defendant moved to suppress evidence obtained by a police officer who had peered in the window of an apartment where the defendant was participating in a drug-packaging operation with the apartment's leaseholder. A divided court held that the defendant had a legitimate expectation of privacy in the apartment. Therefore, the defendant had standing to challenge the legality of the police officer's observations pursuant to the Fourth …
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument,
2018
University of Maine School of Law
Identifying And Preventing Improper Prosecutorial Comment In Closing Argument, Robert W. Clifford
Maine Law Review
In recent years, several decisions of the Maine Supreme Judicial Court sitting as the Law Court have addressed the comments of prosecutors in final argument before criminal juries. Three of those decisions in particular have caused concern among prosecutors and have stirred discussion in the Maine legal community. In vacating convictions in State v. Steen, State v. Casella, and State v. Tripp, the Law Court focused on the language used by the prosecutors during closing argument and concluded that those prosecutors impermissibly expressed personal opinion concerning the credibility of the defendants, or witnesses called by the defendants. This Article examines …
Maine's Sex Offender Registration And Notification Act: Wise Or Wicked?,
2018
University of Maine School of Law
Maine's Sex Offender Registration And Notification Act: Wise Or Wicked?, James A. Billings, Crystal L. Bulges University Of Maine School Of Law
Maine Law Review
The purpose of this Comment is to discuss both the constitutionality and advisability of such sex offender notification statutes with specific reference to Maine's Sex Offender Registration and Notification Act (the SORNA). This Comment will discuss, independent of their constitutionality, the advisability of such statutes on a policy level. It is the Authors' thesis that the SORNA will survive constitutional challenges, but as a means of alleviating the problem of sex offender recidivism in this country, the SORNA and similar statutes fail both in theory and in practice. Alternative approaches based on interdisciplinary study will be suggested.
"Dignity In Living And In Dying": The Henry H. H. Remak Memorial Lecture,
2018
The Catholic University of America, Columbus School of Law
"Dignity In Living And In Dying": The Henry H. H. Remak Memorial Lecture, George P. Smith
Indiana Journal of Global Legal Studies
This Article derives from the Henry H.H. Remak Memorial Lecture given at the Maurer School of Law, Indiana University on March 22, 2017.
A Lost Opportunity To Reach A Consensus On Gerrymandering,
2018
Duquesne University
A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
February 13, 2018: David Brooks: “It’S Time To Start Something New”,
2018
Duquesne University
February 13, 2018: David Brooks: “It’S Time To Start Something New”, Bruce Ledewitz
Hallowed Secularism
Blog post, “David Brooks: 'it’s time to start something new'." discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence,
2018
University of Maine School of Law
The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold
Maine Law Review
Until the 1970s, scholars routinely asserted that courts in the late nineteenth century initiated a radical reinterpretation of due process of law in their attempt to stem an onrushing tide of legislation designed to regulate business activity. This protection-of-business theory of due process development originated with the efforts of socialist and progressive commentators of the early twentieth century to discredit what they saw as a “revolutionary” transformation of due process from a term of “nominal significance in American constitutional law” into a bulwark of property. Progressive intellectuals assailed the judiciary in similar terms. Yale University president Arthur T. Hadley, an …
The Law Of Taking Elsewhere And, One Suspects, In Maine,
2018
University of Maine School of Law
The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu
Maine Law Review
The debate as to the meaning of the Taking Clause in the Fifth Amendment of the United States Constitution seems unending. This short, almost cryptic constitutional provision, “nor shall private property be taken for public use, without just compensation,” has over the years given rise to both court challenges and philosophic debate aimed at parsing out the meaning and parameters of this language. As the need for regulatory controls (imposed by every level of government) has increased, the number of challenges and the stridency of the debate has also increased. Moreover, these challenges have increasingly found their way to the …
