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Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood Aug 2015

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …


Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Sombra Jul 2015

Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Sombra

Thiago Luís Santos Sombra

This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.


Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra Jul 2015

Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra

Thiago Luís Santos Sombra

This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.


A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee Jul 2015

A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee

Huhnkie Lee

No abstract provided.


The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc Feb 2015

The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

This lecture addresses issues concerning the place of the Treaty of Waitangi, including: implications of the Waitangi Tribunal's conclusions on sovereignty; the rationale behind historical Treaty settlements; and the future role of the Waitangi Tribunal.


Bad Math: How Non-Union Employees Are Unconstitutionally Compelled To Subsidize Political Speech, Shirley V. Svorny, Melanie S. Williams Jan 2015

Bad Math: How Non-Union Employees Are Unconstitutionally Compelled To Subsidize Political Speech, Shirley V. Svorny, Melanie S. Williams

Melanie S. Williams

Employees’ right to organize and be represented by unions is in tension with the right of other employees not to join organizations as a condition of employment. Current law permits unions to assess agency fees from represented non-members, reflecting the cost of representational activities (for example, contract negotiation). Unions may not, however, assess non-members for the cost of political activities, since this would infringe on the constitutional rights of such employees by requiring them to subsidize political speech. The method of calculating agency fees, however, has been almost uniformly mishandled, resulting in overcharging non-union members. In this paper, we examine …