Article By: Alex G. Woodward, Esq.

In this Article, Alex G. Woodward addresses the growing, international threat of global warming. Woodward explains that current international climate law jurisprudence and treaties target countries themselves, rather than businesses and corporations, and lack sufficient enforcement mechanisms. Woodward argues for a “Treaty on Corporate Environmental Accountability” that imposes a dealer tax, mandates lowering emissions, and ensures enforcement. The proposed treaty asks the fossil fuel industry to take responsibility for the harms its caused — to reduce climate change and better humanity.

Note By: Nathaniel Richey

Regulatory capture generally refers to the phenomenon in which private interests exert excess influence over a governmental agency charged with regulating such private interests. In this Note, Nathaniel Richey contends that agencies are susceptible to private industry influence, namely the FDA on antibiotic use in livestock. Richey argues that the FDA has a duty of transparency to the public to share data it collects on antibiotic use in livestock. Richey explores that excessive use of antibiotics in food animals negatively impacts human health and increases antibiotic-resistant bacteria. Richey proposes legislative measures, including employment restrictions and advisory committee usage, to provide critical insulation of the FDA and other agencies against the excess influence of special interests.

Note By: Dylan Keefe

In this Note, Dylan Keefe analyzes a circuit split regarding the labor-dispute exemption within the Norris-LaGuardia Act. Keefe explains what constitutes an independent contractor and points out that the First Circuit held that the labor-dispute exemption applies to jockeys as independent contractors by relying on the express text of the Act. Keefe argues that the First Circuit misinterpreted the Act’s text because of the plain meaning of “labor dispute” and legislative history. Keefe argues that despite this misinterpretation, Congress should expand the labor-dispute exemption to protect independent contractors in the equine industry and beyond.

Note By: Cori Agnoni

In this Note, Cori Agnoni argues that the contemporary Fair Labor Standards Act is outdated and intentionally excludes farm-working children. Agnoni points out that farm-working children endure physical injuries, mental illnesses, and educational hardship because of hazardous work on farms. Agnoni contends that farming, innocent children deserve stronger protections from abusive labor practices. Agnoni argues for deletion of the oppressive exemption within the Fair Labor Standards Act to equalize protection for all working youths.

Note By: Mary Jocelyn

In this Note, Mary Jocelyn argues that weaponizing and targeting the environment disrupts the balance of distinction, proportionality, and necessity that the law of armed conflict demands, meaning this act triggers criminal liability. Jocelyn analyzes the Rome Statue and ad hoc tribunals to determine their potential to enforce liability for wonton environmental destruction. Jocelyn discusses the Russian attacks on the Karachun Dam and Reservoir under this framework and argues that a hybrid ad hoc tribunal seems most appropriate to hold the Russian Federation actors accountable for the weaponization of the Karachun Dam and Reservoir.

Note By: Kara Legg

In this Note, Kara Legg argues that equine liability in the United States has remained inconsistent. Legg analyzes Equine Activity Liability Acts (EALAs) of multiple states and highlights that California’s common law approach to handling equine-related injuries show the state’s need for an EALA. Legg argues that California’s reliance on judicial interpretation does not go far enough and urges California to stop horsing around and adopt an EALA.

Article By: Linda Breggin, Darby Hoover, and Jessica Sugarman

In this Article, Linda Breggin, Darby Hoover, and Jessica Sugarman analyze research on food waste and food insecurity. Breggin, Hoover, and Sugarman argue that municipalities are well positioned to address food waste and propose a first-of-its-kind model executive order to enable municipal governments to lead by example (LBE) on food waste reduction.

Note By: Justin Potter

In this Note, Justin Potter analyzes potential conflict the United States faces with its international obligations under the UN Outer Space Treaty and its domestic law. Potter argues that there are ambiguities and gaps surrounding the principle of freedom in the Outer Space Treaty, and now is the time for those gaps to be filled. Potter contends that clear modern space law requires more than Cold War treaties to ensure both “peaceful” and “economic” purposes in space and proposes for states to renegotiate or the United States to continue its support of multilateral agreements.

Note By: Garrison Rosser

In this Note, Garrison Rosser points out that flushing pharmaceutical waste poses a plethora of threats to both public health and the environment. Rosser explores data showing the presence of antibiotics in water streams around the United States. Rosser proposes that the EPA modify its regulatory definitions to ensure that all organizations that commonly provide, administer, or manufacture pharmaceuticals are restricted from sewering their hazardous waste pharmaceuticals.

Note By: Lindsay Bates

In this Note, Lindsay Bates highlights the critical issue that toxic pollutive emissions in Louisiana along the corporate playground coined as “Cancer Alley” are harming residents and children in a racially discriminatory way. Bates argues that Title IV of the Civil Rights Act may be applied in the environmental context when a citizen’s fundamental rights are being marginalized by state air quality and pollution regulators. Bates argues that states need to accept and follow guidance from the EPA to be compliant of their nondiscrimination obligations and amend current statutes.

Note By: Omer Arain

In this Note, Omer Arain discusses the Migratory Bird Treaty Act (MBTA) and viewpoints surrounding the protection of migratory birds under the MBTA. Arain points out that the enforcement of the MBTA is weak, yet it has arisen under recent lame duck efforts by outgoing presidents. Arain explores the three-way circuit split, a “circuit tripartite,” out of federal courts and argues that taking under the MBTA should be governed by a strict liability regime.