APPLYING PRESSURE: IMPROVING ENFORCEMENT OF STRANGULATION LAWS
Kayte Geist
55 U. Tol. L. Rev. (Forthcoming 2023)
Non-fatal strangulation is 'one of the best predictors for the subsequent homicide of victims of domestic violence.' A victim of domestic violence who has experienced strangulation becomes 750% more likely to be murdered by their abuser. Non-fatal strangulation is a felony offense in all fifty states and these laws are intended to protect victims, prevent future homicides, and promote public safety. However, the laws do not implement themselves and prosecution has proven difficult. A holistic approach utilizing a coordinated community response, evidence-based prosecution and forensic medical documentation is necessary to improve the investigation, documentation and prosecution of these offenses.
THE INCONSISTINCIES OF THE STATE-CREATED DANGER DOCTRINE: WHAT ARE THEY AND HOW DO WE FIX THEM?
Skyler Wickert
55 U. Tol. L. Rev. (Forthcoming 2023)
In a world where government actors--such as law enforcement officers--are so highly scrutinized, the liability of these actors when harm is done is paramount. While liability for direct action by a government actor is easier to comprehend, what resulting liability can arise from inaction from an actor? The state-created danger doctrine holds government actors liable in instances where they either cause danger to a citizen or aid in furthering an already present danger from a private third party. However, this doctrine is muddied and complicated when analyzed closely because nearly every United States Circuit has a different test when applying the state-created danger doctrine, resulting in different outcomes for factually similar situations.
“STITCH” IT TO THE MAN: HOW FASHION BRANDS’ TRACKING OF CHILDREN’S CLOTHING IMPLICATES ENFORCEMENT OF COPPA
Cristina Moga
55 U. Tol. L. Rev. (Forthcoming 2023)
An adult consumer permits the apps on their smartphone to collect so much personal information about the user. Child users, on the other hand, may not understand the consequences of sharing such private data online. The Children’s Online Privacy Protection Act is implicated by a novel trend in fashion: embedding smart chips into clothes so that apparel brands may track the wearer’s movements. Smart apparel brands’ data collection practices interfere with a parent’s ability to selectively control their children’s privacy. This children’s privacy law must be amended to account for the rapid changes in smart apparel that collects and sends geolocation data to third parties.
WEAPONIZING MARRIAGE: A CRITICAL VIEW OF MARRIAGE THROUGH A HUMAN TRAFFICKING LENS
Hannah Twining
55 U. Tol. L. Rev. (Forthcoming 2023)
Human trafficking can exist within marriage. While many organizations work tirelessly to combat human trafficking generally, domestic judicial systems may inadvertently maintain loopholes for traffickers to further exploit their victims through marriage. The modification of spousal privilege and abolition of child marriage could eliminate two significant harbors for traffickers. Additionally, prioritizing education may foster recognition of human trafficking’s connection to marriage. The more informed we are as a society, the more success we will find in providing all human trafficking victims and survivors with access to social services and justice they profoundly deserve.
YOU CAN'T UNRING A BELL: THE UNPLANNED CONSEQUENCES OF TAKING COVID-19 VACCINE DISPUTES TO FAMILY COURT AND ALTERNATIVE METHODS TO RESOLVE THESE DISPUTES
Megan Anderson
55 U. Tol. L. Rev. (Forthcoming 2023)
Vaccine hesitancy amongst parents has been around since the 1800s and saw increased acceptance during the COVID-19 pandemic. Misinformation and disinformation on social media led to significant distrust in the COVID-19 vaccines. This can be seen in the July 2022 survey by the Kaiser Family Foundation that found 43% of parents with children aged six months to four years would "definitely not" get their child vaccinated from COVID-19. What happens when one parent is vaccine-hesitant and the other wants their child vaccinated? These disputes are increasingly making their way into family courts. Family law judges are mandated to consider the best interest of the child and in the majority of cases are siding with the parent who is encouraging vaccination. There are, however, some judges who are taking things a step further and stripping vaccine-hesitant parents of parental rights or parenting time. Attorneys owe it to their clients to warn them of these possible outcomes when considering pursuing this type of action.
CORPORATE SOCIOPATHY, "GREEDFLATION", AND THE FADING POWER OF THE ANTITRUST: HOW CAN THE LEGAL PROFESSION STEP UP?
Benjamin R. Syroka
55 U. Tol. L. Rev. (Forthcoming 2023)
Are you upset the recent corporate service failures and catastrophic disasters? Or maybe you’re just frustrated about the cost of groceries? Well, this piece articulates the causes behind this feeling that we, as consumers, are all experiencing. Prices for essential consumer goods and services have skyrocketed. And while the media continues to push an “inflation” narrative, corporations have raked in record profits quarter after quarter. Corporate deregulation and consolidation have led to consumers paying more for less—and doing so without any alternatives. With little prospect for new legislation, the legal profession, and law academy, must step up and act as a catalyst for stronger antitrust enforcement and expanded usage of consumer-protection laws.