Vol. XLIII No. 1

Don’t Be Cruel (Anymore): A Look at the Animal Cruelty Regimes of the United States and Brazil With a Call for a New Animal Welfare Agency

Abstract: In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation—agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal […]

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The Business and Ethics of Laying Hens: California’s Groundbreaking Law Goes into Effect on Animal Confinement

Abstract: In the United States, most laying hens are routinely subjected to cruel treatment and forced to live in such extreme confinement that they are unable to fully extend their limbs or turn around. In 2008, California took a stand against these inhumane practices by enacting the Prevention of Farm Animal Cruelty Act, also known […]

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The Smart Grid in Massachusetts: A Proposal for a Consumer Data Privacy Policy

Abstract: The advent of the smart grid—a way of incorporating digital technology into the electrical grid to enable two-way communication between utilities and customers—raises a number of data privacy concerns. This new infrastructure will generate incredible amounts of information about customer electricity usage, even enabling those with access to it to see how power is […]

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The Foreign Corrupt Practices Act: Prosecute Corruption and End Transnational Illegal Logging

Abstract: Transnational illegal logging, especially logging of protected species within protected areas, causes many irreparable harms, including decreasing biodiversity, increasing carbon emissions, deforestation, and economic and social harms to the communities where the illegal logging occurs. The United States is one of the world’s largest consumers of wood products and thus drives the illegal logging […]

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Nuclear Power as an Alternative Green Fuel: Why Uprates to Commercial Nuclear Reactors Deserve to Be Eligible for Federal Loan Guarantees, and Why the DOE’s Decision to Make Them So Warrants <>Chevron<> Deference

Abstract: Title XVII of the Energy Policy Act of 2005 (the “Act”) authorizes the Department of Energy (“DOE”) to provide loan guarantees to nuclear energy projects that avoid, reduce, or sequester greenhouse gas emissions while employing new or significantly improved technology. The agency’s decision to include uprates—projects that increase the amount of power an existing […]

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Advocating for the Adoption of West Virginia’s Substantial Burden Standard Across the Mining States

Abstract: Horizontal severance deeds separate property above and below the surface of land. In such deeds, typically the property rights below belong to mineral owners while property rights above belong to farmers. In most states, common law trespass utilizes what is generally known as the reasonable necessity doctrine to account for the rights that each […]

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A Texas Takings Trap: How the Court in Edwards Aquifer Authority v. Bragg Fell into a Dangerous Pitfall of Takings Jurisprudence

Abstract: In Edwards Aquifer Authority v. Bragg, the Court of Appeals of Texas, San Antonio held that the Edwards Aquifer Authority’s water well permitting plan amounted to a compensable taking of a pecan farmer’s private property. The court determined that the water regulation was so onerous that it was analogous to physical seizure of property […]

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The Procedural Impact of an Environmental Impact Statement on Judicial Review

Abstract: On a sunny summer day in 2014, Drakes Bay Oyster Company closed its doors to the public, admitting defeat in a years-long fight with the Department of the Interior over the renewal of its operating permit. The Secretary of the Interior believed that the region’s designation as “potential wilderness” under the Point Reyes Wilderness […]

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Buried Beneath the Legislation It Gave Rise to: The Significance of Woodruff v. North Bloomfield Gravel Mining Co.

Abstract: In the mid 1800’s, the California gold rush ushered in a new era of industry to the farming communities of the Sacramento Valley. This influx of people, capital, and technological innovation also brought with it significant pollution that nearly destroyed the agricultural value of the region. After decades of being inundated with debris cast […]

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