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How Chicago Is Criminalizing Homelessness, Anthony Wadas 2015 Loyola University Chicago, School of Law

How Chicago Is Criminalizing Homelessness, Anthony Wadas

Public Interest Law Reporter

Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …


Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar 2015 Loyola University Chicago, School of Law

Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar

Public Interest Law Reporter

Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.


Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill 2015 Loyola University Chicago, School of Law

Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill

Public Interest Law Reporter

No abstract provided.


The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall 2015 Loyola University Chicago, School of Law

The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall

Public Interest Law Reporter

The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and government. Fortunately for some members of the city, the struggle for the basic needs of housing, education and quality of life has not ended. Instead, a public awakening has begun to ignite city members to work in unison to change the current condition.


"Take Back The Beach!" An Analysis Of The Need For Enforcement Of Beach Access Rights For U.S. Virgin Islanders, Aliya T. Felix 2015 Florida A&M University College of Law

"Take Back The Beach!" An Analysis Of The Need For Enforcement Of Beach Access Rights For U.S. Virgin Islanders, Aliya T. Felix

Florida A & M University Law Review

Part I of this paper defines the traditional use of the beaches in the U.S. Virgin Islands and includes a personal anecdote as evidence of a trend toward restricting beach access in the U.S. Virgin Islands. Part II provides a legal framework of public beach access rights through an analysis of the general public trust doctrine, the U.S. Virgin Islands Open Shorelines Act, and the U.S. Virgin Islands’ case law. Part III examines case studies involving private entities blocking beach access to the public in the U.S. Virgin Islands. Part IV offers a proposal for reform to ensure protection of …


You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel 2015 Florida A&M University College of Law

You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel

Florida A & M University Law Review

Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …


Front Matter, Natural Resources Journal 2015 University of New Mexico

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo 2015 Florida A&M University College of Law

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo

Florida A & M University Law Review

The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …


The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery 2015 St. Mary's University

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …


Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews 2015 St. Mary's University

Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews

St. Mary's Law Journal

In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …


Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter 2015 St. Mary's University

Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.


Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach 2015 St. Mary's University

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach

St. Mary's Law Journal

Abstract Forthcoming.


Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Kara Consalo 2015 FAMU College of Law

Bombs And Babies: The Unfortunate Results Of Conversion Of A Military Defense Site To A Residential Neighborhood, Kara Consalo

Journal Publications

During World War II, the U.S. Army used over 12,000 acres in
what is now the eastern edge of the City of Orlando as a gunnery, bomb
training, and military demonstration range. Due to its close proximity to
the Orlando Army Air Base (now Orlando Executive Airport) and the
Pinecastle Army Airfield (now Orlando International Airport), this
property was perfectly located for airborne target practice. The area,
known as the Pinecastle Jeep Range was intentionally bombarded with
explosive and chemical bombs, rockets, bullets, scrap metal, and even
an old Jeep! After the war, the Army terminated its lease and the …


Water Law Transitions, Robert H. Abrams 2015 Florida A & M University College of Law

Water Law Transitions, Robert H. Abrams

Journal Publications

The history of water law throughout the United States is dynamic. Beginning with the inherited doctrine of English common law natural flow riparianism, the changes in law can be described as instrumentalist in the sense that "judges and legislatures made this branch of water law an instrument of pro-developmental policy." When the natural flow doctrine's requirement that the stream flow down to lower owners undiminished as to quantity and quality clashed with the needs of the extensive utilization of water powered mills in the nineteenth century, the courts pioneered an American doctrine of reasonable use riparianism that would sustain water-dependent …


Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate 2015 Florida A & M University College of Law

Comment On Maxine Burkett's "Rehabilitation: A Proposal For A Climate Compensation Mechanism For Small Island States", Randall S. Abate

Journal Publications

No abstract provided.


Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen 2015 Florida A & M University College of Law

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert Haskell Abrams, Jacqueline Bertelsen

Journal Publications

The 2012 United States Supreme Court case Arkansas Game & Fish Commission v. United States presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam's pattern of releases. The Court held that, "government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection" and must, instead, be tested according to the Court's usual precedents governing temporary physical invasions and regulatory takings. The Federal Circuit held a …


Developments In Synthetic Biology Are Altering The Ip Imperatives Of Biotechnology, Christopher M. Holman 2015 University of Missouri - Kansas City, School of Law

Developments In Synthetic Biology Are Altering The Ip Imperatives Of Biotechnology, Christopher M. Holman

Faculty Works

While the accomplishments of the biotechnology industry have been substantial, recent technological advances promise to dramatically increase the power and utility of the discipline over the coming years. The term “synthetic biology” has been coined to describe the application of these powerful new tools to the engineering of synthetic genetic sequences and organisms. In essence, synthetic biology represents the next iteration in the ongoing evolution of biotechnology, and hopes run high that in time, the fruits of synthetic biology will dwarf the past successes of conventional biotechnology. There is, however, some concern that the current patent-centric approach to Intellectual Property …


Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller 2015 Elisabeth Haub School of Law at Pace University

Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most continuing water pollution problems can be traced primarily to nonpoint sources. EPA should define nonpoint sources by regulation and begin to expand the definition of point source by incorporating established case law and Agency practice to bring more nonpoint sources into the point source definition.


A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki 2015 Elisabeth Haub School of Law at Pace University

A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This article, designed as a resource for environmental law professors both domestically and abroad, addresses how environmental quality standards are created, implemented, and enforced in the United States. The answers to these questions are useful to those teaching U.S. environmental law and international scholars, especially in the European Union, who are faced with the challenge of creating new environmental quality standards under both national and EU directives. It must be noted that this project is complicated by the federal system within the country, and, thus, attention must be devoted to the federal-state relationship. In fact, the major relevant statutes, the …


Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci 2015 Touro College Jacob D. Fuchsberg Law Center

Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci

Touro Law Review

Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …


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