Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Entire DC Network

Molecular Federalism And The Structures Of Private Lawmaking, David V, Snyder Jul 2007

Molecular Federalism And The Structures Of Private Lawmaking, David V, Snyder

Indiana Journal of Global Legal Studies

This article explores "molecular federalism." Private lawmakers-ranging from familiar organizations like the American Law Institute and the New York Stock Exchange to less well known ones, like the International Chamber of Commerce and associations of banks-are here envisioned as part of a federalist scheme that operates at a "molecular" level rather than at the level of the state. The function and legitimacy of private lawmakers, and the strengths and weaknesses of private lawmaking, are assessed under the rubric of federalism. The article takes up both horizontal and vertical aspects of molecular federalism, considering the possibilities of competitive private lawmaking and …


A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle Jul 2007

A Republic Of The Mind: Cognitive Biases, Fiscal Federalism, And Section 164 Of The Tax Code, Brian Galle

Indiana Law Journal

No abstract provided.


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation Jun 2007

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …


Slides: Tribal Perspectives On Natural Resource Policy, Donald Wharton Jun 2007

Slides: Tribal Perspectives On Natural Resource Policy, Donald Wharton

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Donald Wharton, Native American Rights Fund

16 slides


The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass Jun 2007

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"


Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ Mar 2007

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides


Is Corporate Criminal Liability Unique?, Sara Sun Beale Jan 2007

Is Corporate Criminal Liability Unique?, Sara Sun Beale

Faculty Scholarship

No abstract provided.


Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young Jan 2007

Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young

Faculty Scholarship

No abstract provided.


Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan Jan 2007

Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan

Villanova Law Review

No abstract provided.


A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek Jan 2007

A Finger In The Dike? An Examination Of The Efficacy Of State And Federal Attempts To Use Law To Stem Outsourcing, Beverley Earle, Geralk A. Madek, Christina Madek

Northwestern Journal of International Law & Business

Many people, not just in the United States, are concerned about the implications of this growth in outsourcing for the future of business. State governments in particular are trying to stop outsourcing and are using the law as a means to do so. However, are these attempts, which are variants of the old "buy American" programs, doomed to be ineffective and ultimately protectionist, without really protecting American business? This paper will examine the developments of offshoring, outsourcing, and insourcing in Part II. Part III examines both state and federal legal efforts to restrict this growth. Part IV examines the WTO …


Does Paid Family Leave Really Pay For Small Businesses In California, Guissu Raafat Jan 2007

Does Paid Family Leave Really Pay For Small Businesses In California, Guissu Raafat

Santa Clara Law Review

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer Jan 2007

Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer

Faculty Scholarship

No abstract provided.


Legislative Findings, Congressional Powers, And The Future Of The Voting Rights Act, Luis Fuentes-Rohwer Jan 2007

Legislative Findings, Congressional Powers, And The Future Of The Voting Rights Act, Luis Fuentes-Rohwer

Indiana Law Journal

In enacting the Voting Rights Act of 1965, Congress sought to overcome decades of outright refusal to enforce the Fifteenth Amendment. The statute was considered "harsh " and "punitive" by critics, and the Supreme Court partially agreed, calling the legislation "stringent, " inventive, " and "uncommon. " Yet the Court ultimately sided with the national ruling coalition as represented by the administration and overwhelming congressional majorities. This Article examines the early internal debates over the constitutionality of the Act and concludes that the question of legislative findings played a key role. In particular, internal notes and memoranda from the Katzenbach …


A Hidden History Of Affirmative Obligation, Patrick O. Gudridge Jan 2007

A Hidden History Of Affirmative Obligation, Patrick O. Gudridge

Articles

No abstract provided.