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  • Where Schools Close in Chicago

  • A Canyon Full of Woes: Havasupai Illustrates the need for Cultural Competency in Genetic Research

  • Harmonizing Immigration Policy with National Foreign Policy: The Contradictions of the Material Support Bar

  • The Internet and Social Media Sites: A Shift in Privacy Norms Resulting in the Exploitation and Abuse in Adolescents and Teens in Dating Relationships

  • Voter Participation and Persistence: Understanding the Role of Community in Voter Turnout in Off-Year Elections in New York State

  • With Sharia in Mind: Developing the Islamic Financial Market in Pakistan

  • Resdistributive Pedagogy: A Case Study in Islamic Finance Education and Student-Centered Learning

  • The Evolution of Sharia Divorce Law: Its Interpretation and Effect on a Woman's Right to Divorce

  • The Religous Right to Refuse Service: Accommodating Muslims in a 'Christian' America

  • Sharia as a Platform for Espousing Violence and as a Cause for Waging Armed Jihad

  • Agriculture as Industry: The Failure of Environmental and Agricultural Policy to Adapt to the Modern Agricultural Landscape

    This article seeks to identify the biases that exist in the scheme of regulatory and common law, and their resulting harms, and to understand the driving forces that have prevented these laws from adapting to the changing agricultural landscape. Some of these forces are clearly political and economic. However, it is possible that certain social and cultural biases exist as well. Agriculture appears to be deeply rooted in American ideology, and it is this ideology that often allows certain protections to extend not only to farmers like Lemire, but also to larger, more industrial agricultural operations. As a result, modern, commercial agricultural operations have, collectively, largely escaped environmental regulation through exceptions not similarly afforded to other industrial polluters. Part I of this article will illustrate the ways in which agriculture has evolved into an industry and how agricultural policy and anti-regulation has promoted this shift. Part II will identify the biases in the federal and common law. Finally, Part III contains a discussion of extraneous factors such as cultural and historical ideology as it relates to agriculture, as they are additional pressures that contribute to the lack of adequate environmental regulation pertaining to agriculture.

  • Smoke and Mirrors: Preventing Deception of Consumers in the Tobacco Market Through Graphic Warning Labels

    The Family Smoking Prevention and Tobacco Control Act, signed by President Obama on June 22, 2009, grants the FDA the authority to regulate tobacco products, and further requires color graphics depicting the negative health consequences of smoking to be printed on tobacco products. No later than two years after the date of enactment, graphic warning labels were supposed to cover fifty percent of the front and rear of cigarette packaging, and thirty percent of the display panels of smokeless tobacco products. The images eventually developed by the FDA, including a man smoking with a stoma in his neck, a cancerous lesion on a lip, and an image of healthy lungs adjacent to diseased lungs, have yet to appear on tobacco products, as a result of litigation between the federal government and tobacco companies. Part I of this paper will look at the development of commercial free speech case law, highlighting that several federal circuit courts have applied the lower level scrutiny of Zauderer to cases where there is no deceptive advertisement, only a misconception in the market surrounding a product or service. Part II will examine the rulings by the Sixth Circuit and the D.C. Circuit concerning the graphic warning label provision of the Family Smoking Prevention and Tobacco Control Act.

  • A Bone to Pick: The Paleontological Resources Preservation Act and Its Effect on Commercial Paleontology

    This article evaluates the soundness of the PRPA and its likely effect on the Department of the Interior policies. Part I explains the scientific importance of paleontological resources and why they should be protected. Part II discusses how the United States managed paleontological resources before the PRPA. Part III explains the PRPA and the changes it will likely make to the current permit systems. Potential problems are then discussed. Part IV posits that the PRPA kept what was good about federal fossil management, including the Bureau of Land Management’s permit system, and made some improvements, including explicit protections, policies, and penalties. However, the PRPA goes too far in fossil protection at the expense of fossil proliferation. This article advocates an amendment that would allow commercial collectors to participate in the PRPA’s permit system, leading to the preservation of more fossils for public enjoyment and scientific research.

  • Scamming the Elderly: An Increased Susceptibility to Financial Exploitation Within and Outside of the Family

    Abuse of the elderly is a growing, and often times hidden, phenomenon which affects millions annually. “Elder abuse is present in every community, at every income level and in every social and cultural group.” It includes physical abuse, neglect, self-neglect, and financial exploitation. Although the estimated number of victims of elder abuse is high, there are no official national statistics due to the varying definitions of elder abuse, as well as the lack of a uniform reporting system throughout the states. The National Center on Elder Abuse estimates that “for every one case of elder abuse . . . [that is] reported to authorities, about five more go unreported.” Financial elder abuse has been classified by many scholars as “‘the crime of the 21st century.’” The difficulty of detecting this type of abuse suggests that it may be more prevalent than physical abuse. While many cases of financial exploitation of the elderly go unreported, “the annual financial loss by victims of elder financial abuse is estimated to be at least $2.6 billion.” When financial abuse occurs, “the health, dignity, and economic security of millions of older Americans” is breached and sometimes there is no way to mend this injury. The cost of financial exploitation surpasses that of the elderly victim’s finances; it has also been estimated to cost Americans billions of dollars annually, from healthcare costs to investigative and legal costs. Unfortunately, financial elder abuse is a crime which is “underreported, under-recognized, and under-prosecuted.”

  • Cathing Up: How the Youth Court Act Can Save New York State's Outdated Juvenille Justice System With Regard to Sixteen and Seventeen-Year-Old Offenders

    New York State is one of only two states in the country that classifies sixteen-year-olds as adults in the eyes of the court system, an embarrassing distinction that the Office of Court Administration and the New York State Legislature are eager to change. The Chief Judge of the New York Court of Appeals has introduced a proposal that would create a special court for sixteen and seventeen-year-old nonviolent offenders—in a move that would eventually raise the age of criminal liability in New York to eighteen years old. The proposed measure, the Youth Court Act, essentially blends the essential Due Process protections of the criminal court system with that of the family court system. The proceedings would seamlessly blend the procedural safeguards evident in the criminal system with the rehabilitative elements of family court; with the ultimate goal being a complete shift to family court. In addition to the Court of Appeals, the State Legislature has been working on enacting a bill that would amend the Criminal Procedure Law, the Executive Law, the Family Court Act, and the Penal Law to raise the age of criminal responsibility for certain acts to eighteen. This bill, drafted by the legislature, would go much further and, for various reasons, is not a feasible option. The first section of this paper will discuss the evolution of the juvenile justice system in New York. The second section will analyze various reasons for decreasing the criminal responsibility of sixteen and seventeen-year-olds. The third section will examine the proposal set forth by the Court of Appeals, a similar bill currently before the State Legislature, the differences between the two, and the roadblocks that both have faced.

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