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Made in the USA: A Prison of Our Own Emissions: Examining the Carbon Footprint of Mass Incarceration from a Global Perspective
Full text linkPart I will address the concept of Mass Incarceration and carbon footprints. Part II will describe and compare the current energy consumption level of the United States’ prisons and carbon emissions with the United Kingdom’s prisons’ green infrastructure. Part III suggests potential prison programs that encourage both rehabilitation and carbon reduction. Part IV discusses the origins of Mass Incarceration, potential policy solutions to reduce prison populations, and the prospect of repurposing unused prisons.
This abstract has been taken from the author\u27s introduction
Henry Ward Beecher
No full textClockwise from left:
Williamson, Francis P. Beecher and His Accusers: A Complete History of the Great Controversy, including the Life of Henry Ward Beecher. Philadelphia: Flint & Co., 1874.KF223 .B4 W34 1874
Tracy, Benjamin F. The Case of Henry Ward Beecher: Opening Address by Benjamin F. Tracy, of Counsel for the Defendant. New York: George W. Smith & Company, 1875.KF223 .B4 T7 1875
Raymond, Robert R. The Case of the Rev. E.B. Fairfield, D.D., LL.D.: being an examination of his Review of the Case of Henry Ward Beecher” Together with His “Reply” and a Rejoinder. New York: 1874. KF223 .B4 R3 1874
Henry Ward Beecher was a liberal U.S. congregational minister, social reformer, speaker, abolitionist, and brother of famed author Harriet Beecher Stowe. In a highly publicized scandal, Henry Ward Beecher was accused of having an affair with his friend\u27s wife, Elizabeth Tilton. The affair became public knowledge after women’s rights leader Victoria Woodhull published a story about it in her paper. Beecher had once denounced her for supporting “free love,” which she now viewed as hypocritical because of his affair. Woodville was later arrested for this due to sending obscene material through the mail. The Plymouth Church supported their pastor Beecher and, after investigating the matter, exonerated him. Theodore Tilton, Elizabeth\u27s husband, then sued Beecher for adultery. The trial took place in 1875, and the jury was unable to reach a verdict. In 1876 the congregational church held a final hearing and exonerated Beecher.
Images available separately as additional files, below.https://scholarship.law.wm.edu/trials-exhibit/1022/thumbnail.jp
Plastics, Carbon, Politics, and Experimentation in Environmental Governance
No full textIn this Article, I discuss new developments on waste reduction involving plastics and continued social experimentation in greenhouse gas (GHG) reduction, especially as framed in two just-concluded, major international negotiations. In doing so, I describe the search for next-generation policies on waste reduction, including, but not limited to, extended producer responsibility (EPR) programs, along with newly announced policies on carbon offset markets as they relate to GHG reduction. In each case, society is on the verge of what movie producers might call “remakes” with EPR and other waste-reducing programs replacing first-generation recycling efforts and newly designed carbon offset markets replacing, well, older versions of such markets. And, although the two sets of international negotiations took place across the globe from each other, a person wonders especially whether progress made in one area might offer policy options useful for the other.
This abstract has been taken from the author\u27s introduction
Stopping a Cat-tastrophe: States Must Develop Stricter Management Regimes for Controlling Feral Cat Populations
No full textThis Note will explore the feral cat crisis in the United States and offer a set of potential solutions using existing regulatory frameworks and invasive species management regimes. Part I will discuss what invasive species are and how feral cats fit into the wider problem of invasive species. Part II will then provide an overview of the current statutes, rules, and decisions that govern invasive species management in the United States. Part III will provide an overview of the management techniques for several common invasive species in the country, and compare those techniques to how the United States manages feral cat populations. This Part will also aim to discuss reasons why governments treat feral cats differently than other invasive species by exploring political movements and animal rights laws. Finally, Part IV will advocate for a new management regime for feral cats that is better suited to addressing the feral cat crisis using existing laws and regulations.
This abstract has been taken from the author\u27s introduction
The Bare-Majority Requirement of the Delaware Judiciary and Its Unfortunate Violation of the First Amendment
No full textThis Note will attempt to remedy the circuit split on the issue of whether judges are policymakers for purposes of the First Amendment, and if they are not—as this Note concludes—whether the Delaware Constitution is in violation of the First Amendment through its major-party and bare-majority requirement.
First, this Note will analyze the development of the only challenge to article IV, section 3 of the Delaware Constitution as it proceeded from the U.S. District Court for the District of Delaware to the U.S. Supreme Court where it was thrown out on standing. Second, this Note will argue that judges are not policymakers under Elrod and Branti, and therefore, deserving of First Amendment protections. The major-party provision is unconstitutional because it places a one of two party requirement on judicial seats. Further, the bare-majority requirement is not severable since in order to keep a bare majority, some seats will become subject to the requirement to be of one political party.
Third, this Note will argue that given the sophistication of the bar in Delaware, specifically the corporate bar, and the recognized need by the legislature and the governor to keep business in the state as a source of revenue and power, judicial nominees will remain non-partisan even after removing the provisions.
This abstract has been taken from the author\u27s introduction
Trump 2.0: Executive Power and the First Amendment
No full textThis repository of materials, produced with the assistance of Ronald K.L. Collins, serves three general purposes: First, it serves to create a record of the many actions the Trump Administration has taken that threaten First Amendment rights and values. As in other areas, it has been difficult to stay abreast of the incessant Executive Orders, lawsuits, and conflicts between the Administration and its targets. However, it is vitally important that the pace of these actions not prevent the public from archiving and appreciating the breadth and depth of the present threat to the First Amendment.
Second, the resource responds to claims or concerns that what is happening now is just “business as usual” as it pertains to executive action and free expression. After all, every president has run-ins with the press and adopts policies that create First Amendment controversies. The repository is its own response. In terms of scope and effect, not to mention the frequent and blatant disregard of fundamental First Amendment principles, the Trump Administration’s campaign is unprecedented.
Third, it provides lessons for reacting and responding to threats posed by future presidential administrations. The tactics of the Trump Administration, including heavy reliance on executive orders, threats to cancel federal funding for universities and other institutions, leveraging of alleged employment discrimination and antisemitism allegations, and aggressive deportation actions against foreign students, caught many off guard – as did the degree of anticipatory compliance by many institutions and individuals. The tactics catalogued in this repository highlight the need for new forms of resistance and new understandings of the scope of executive power as it relates to the First Amendment.
This abstract has been taken from the author\u27s introductory paragraphs
Troubling Trends: ADA Definition-of-Disability Cases 2019-2023
No full textThis empirical Article continues my every-five-year tradition of examining every federal case discussing the definition of disability since the Americans with Disabilities Act (ADA) was amended, effective 2009. The results of this research from the third five-year period (2019–2023) are disappointing in both familiar and surprising ways. Similar to the 2014–2018 period, we continue to see way too many courts incorrectly applying (or not even citing to) the ADA Amendments Act. Moreover, I discovered several new troubling trends in this dataset that raise the possibility that we might be heading toward another backlash against ADA plaintiffs. This Article presents my findings and briefly addresses the implications of this discouraging data
Judy Conti: Journal of Women and the Law
No full textI think there were less than a dozen journals focusing on gender at the time we decided to start this. Interestingly, we were the first journal at the law school that ever had to go through an approval process and make the case and earn the right to be a journal. But we did and we welcomed that... But there were other students, wrote like letters to the editors and op eds about why it was unnecessary and divisive, many of whom were women. So the internalized misogyny was alive, well, and living. But we, we stuck with it.” – Judy Conti, Class of 1994, on founding Journal of Women and the Law
William & Mary Journal of Women and the Law. Vol. 1, no. 1, Fall 1994.
In 1994, William & Mary law students published the inaugural issue of the William & Mary Journal of Women and the Law. At the time, there were few journals nationally that focused on gender-related legal issues. The Law School offered no courses on this topic. Conti and other law students worked to gain approval for the new journal, despite pushback from others in the community. In 2018, with approval from the founding editors, the journal changed its name to the Journal of Race, Gender, and Social Justice to reflect the more intersectional approach of its scholarship. The Journal published its 30th volume during the 2023-2024 school year.
Listen to Judy Conti\u27s oral history online.https://scholarship.law.wm.edu/oralhist-exhibit/1002/thumbnail.jp