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    8358 research outputs found

    Why Florida Municipalities Should Not Resort to Rent Control: a Comparative Analysis and Alternative Solutions

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    This Note addresses the increasing rent problem in Florida, explains why rent control is not the best solution, and suggests alternative remedies. Rent control refers to laws and regulations that control how much a landlord can increase the price charged to tenants to live in an apartment. Florida enacted a statute in 1977 that currently bans rent control in the state but has an exception in the case of a housing emergency. This exception allows local governments to put a one-year rent control ordinance to a public vote. Orange County, Florida, recently declared a housing emergency and had residents vote on the issue. This Note will look to and compare the successes and failures of rent control implementation across cities in the United States and Europe and describe why other municipalities in Florida should not follow suit to Orange County and instead seek alternative remedies to produce more affordable housing for its citizen

    Prevent Phishy Business: Comparing California’s and the United Kingdom’s Age-appropriate Design Code to Protect Youth From Cybersecurity Threats

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    Cybersecurity is the safeguarding of computer systems and networks against information disclosure, theft, or damage to users’ hardware, software, or electronic data, as well as disruption or misdirection of the services computers and networks provide. Knowing privacy would be breached due to the impact of COVID, in 2020, the United Kingdom got ahead of the game and passed rules/regulations requiring online services to protect children under the age of eighteen from scams, phishing, and security attacks. However, currently, the United States does not have a sufficient uniform privacy law governed to protect children under the age of eighteen from cybersecurity threats. Instead, the majority of regulations are handled on a state-by-state basis, and unlike the UK most regulations are not specifically intended to protect children. Fortunately, in 2022, California signed into law an act that requires businesses that provide an online service, product, or feature likely to be accessed by children to comply with specified requirements to safeguard against hackers. This Note will begin by describing how and why the United Kingdom’s regulations work to protect children from security risks. It then provides an overview of the US legislative framework at the federal and state levels contending that a piecemeal approach leaves children at risk. Although some states have enacted protective legislation, it demonstrates that many have not gone far enough and identified one state, California, as the best practice. This Note concludes by comparing the United Kingdom’s and California’s Age- Appropriate Design Codes for users under the age of eighteen and recommends that the rest of the United States should combine the two approaches to create a uniform legislative framework at the federal level that requires businesses that develop online services to provide a high-privacy default standard, where children’s personal data is only visible or accessible to other users of the service if the parents amend their settings to allow this via an age assurance security check

    Evolving Legal Conceptions of “Energy Communities”

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    The concept of “energy communities” has had long-standing and evolving significance in the United States and in other countries around the world. Under the Biden Administration, the term “energy communities” has acquired new legal meanings that differ by context and continue to evolve. This Article traces the shifting meaning of “energy communities” and examines how it relates to other dominant references to “communities” in the context of energy law and policy, including environmental justice, low-income, underserved, and disadvantaged communities, as well as newer community-scale energy system innovations, such as community solar or “advanced energy communities.” International comparisons, such as with the European Union’s Citizen Energy Community and Renewable Energy Community concepts, provide context for thinking about the role of energy/community linkages in the clean energy transition. In tracing these related conceptions, this Article shows that significant variability currently exists across energy community models and sees this variability as a strength. As the energy sector shifts from fossil fuel dominance toward increasingly distributed models for meeting energy demand, this Article cautions policymakers to avoid anchoring legal conceptions of “energy communities” too firmly to the past, so that the broad concept can continue to drive innovation in community-scale energy systems. Ideally, legal frameworks can favor flexible definitions sufficient to create adaptable and effective transition support regimes without limiting the potential for reimagining the “energy communities” of the future

    Energy Justice and Renewable Rikers

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    Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between social justice, racial justice, and environmental justice to achieve sweeping social progress as part of the ongoing green energy transition

    The Uneven Legal Geographies of Nutrition Entitlement Programs in the United States. Realizing or Hindering the Right to Food?

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    Unlike many countries across the world, the United States government does not formally recognize the Right to Food in law. However, it funds and administers nutrition entitlement programs that play a significant role in mitigating hunger and food insecurity across the country. Reflecting on the socio-political dynamics that shape the legal spaces of nutrition entitlement in different places, this Article explores the uneven geographies of the Right to Food in two other countries (South Africa and Ecuador) and then turns its focus to the United States. This Article offers an overview of the two most extensive nutrition entitlement programs (SNAP and school nutrition programs) and their implementation at the state level in West Virginia. The case study of West Virginia points to the key role that local jurisdictions also play in fulfilling or hindering the Right to Food in specific places, and suggests that legal spaces there are also important sites of Right to Food organizing and advocacy

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    The Radical Potential of Creating Communities of Care Through Art

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    From Alpha to Omegle: \u3cem\u3eA.M. v. Omegle\u3c/em\u3e and the Shift Towards Product Liability for Harm Incurred Online

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    But for the Internet, many of our interactions with others would be impossible. From socializing to shopping, and, increasingly, working and attending class, the Internet greatly facilitates the ease of our daily lives. However, we frequently neglect to consider that our conduits to the Internet have the potential to lead to harm and injury. When the Internet was in its infancy, and primarily was a repository of information, Congress recognized the threat of continual lawsuits against online entities stemming from the content created by their users. The Communications Decency Act of 1996 arose to mitigate the seemingly Herculean task for online entities to moderate every piece of content posted by their users. Online entities thus became immune from suit in their capacities as publishers of content. Yet, the Internet is no longer solely a repository of information. As much as the Internet has become a nexus of our interactions with others, so too has it become a nexus for sexual predators and their victims. This case note addresses the history of the Communications Decency Act of 1996, how courts have applied Section 230 of the Communications Decency Act, and how clever lawyers have skirted around its protections by instead filing suit against online entities under product liability theories—as was the case in A.M. v. Omegle.com, LLC. The product liability approach, as applied in A.M., is assessed and compared with both traditional claims against online entities as publishers and with federal human trafficking claims. Ultimately, under the present state of the law, the product liability approach best empowers the victims of crimes facilitated by defectively designed apps and websites to seek recourse for their harms

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    Food, Housing, and Racial Justice Symposium

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