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Private Confederate Monuments
Get PDFAs public Confederate monuments finally begin to come down across the nation, we are seeing an emergence of Confederate monuments on private lands. The number of private Confederate monuments is increasing both with the construction of new monuments and, more significantly, the relocation of monuments from public land. This Article explains why private Confederate monuments are likely to be the next battleground over these controversial and troubling statues. Through ten detailed examples, we show how private Confederate monuments emerge and how communities are responding to them. The challenges related to monuments on private land are different than those on public lands, and previous activism and research on Confederate monuments is only of limited use in grappling with this category. As relocated monuments are the largest source of new private monuments, this Article serves as a cautionary note to communities looking to dispose of their monuments by donating or returning these resources to private groups and encourages communities to fully evaluate the impacts of their removal and relocation plans to ensure they do not lead to unintended consequences or create issues for another community
The Right to Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections
Get PDFDeforestation of the Brazilian Amazon Under Jair Bolsonaro’s Reign: A Growing Ecological Disaster and How It May Be Reduced
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Beyond the Public Square: Imagining Digital Democracy
Get PDFTo create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.
When we say \u27public square,\u27 ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinso
One Step Forward, Two Steps Backward: An Elastic Products Liability Framework for E-Cigarette Regulation
Get PDFSocietal innovation is frequently triggered by need. Year after year, novel technologies are created by entrepreneurs who seek to find a more effective, efficient, or less dangerous way of accomplishing a specific goal. Oftentimes, these new technologies enter the marketplace bringing with them a host of uncertainties concerning both their performance and effect on consumer activity. Despite these inevitable uncertainties, new technologies play a vital role in advancing society when appropriately controlled. Indeed, while the appropriate levels of control may vary across industries and technologies, one principal remains constant amongst the mall: the obligation to balance risk with reward. The need for such a delicate balancing act is no more evident than in the case of e-cigarettes and vaporizer products. Over the last two decades, innovators and entrepreneurs alike have sought to develop healthier solutions aimed at reducing the overwhelming number of fatalities and life-threatening illnesses associated with one of America’s most prevalent killers, the consumption of traditional tobacco cigarettes. While the undeniable benefits of these innovations have been formally acknowledged by both the FDA and Congress, the current federal regulatory framework that controls their availability to consumers operates as a hindrance to innovation and industry growth rather than an effective means of protecting the public’s health. This Note sets out to analyze the turbulent rise and fall of government and consumer sentiment surrounding these products and evaluates the effectiveness of the current FDA regulatory framework, which functions to constrain the diffusion of what may be one of the next substantial public health benefits. Specifically, this Note explores the potential for a more effective and elastic regulatory framework which incorporates the dual use of federal and state regulatory measures to strike an optimal middle ground position between minimizing uncertain public health risks while simultaneously not discouraging innovation and industry growth. In the final analysis, officials tasked with developing sufficient regulatory measures should seek to take calculated risks in the interests of promoting innovation. After all, it should come as no surprise that the most promising technological tobacco alternative emerged from an unregulated environment
The Promotion of the General Welfare: Using the Spending Clause to End the Criminalization of Homelessness in America
Get PDFThe U.S. is experiencing a homelessness crisis. While the government claims that there are half a million people experiencing homelessness in this country, the actual number is likely much larger than that estimate. Rather than investing in long-term solutions to homelessness, most states and municipalities have responded to this crisis by criminalizing conduct related to homelessness—an expensive approach hat perpetuates the cycle of homelessness and causes many people experiencing homelessness to needlessly suffer as a result. While advocates have fought criminalization in the courts, a problem of this size and scale cannot be solved through litigation alone. This Note advocates that Congress could constitutionally end or substantially reduce the criminalization of homelessness by using the powers allocated to it in the Spending Clause. Notwithstanding the limitations the Court imposed on Congress’s spending power in recent cases such as National Federation of Independent Business v. Sebelius, this Note argues that Congress may attach conditions to funding earmarked for or substantially related to homelessness that would require states to reduce or end criminalization within their jurisdiction. While not ultimately a solution to homelessness in the U.S., this Note advocates that only by taking criminalization policies off the table can the U.S. move towards a humane policy towards its people experiencing homelessness