Digital Commons Network^™

Billboards And Big Utilities: Borrowing Land-Use Concepts To Regulate "Nonconforming" Sources Under The Clean Air Act, Deepa Varadarajan

Faculty Publications

Part II of this Note provides an overview of how the regulatory framework has developed with regard to federal control technology requirements governing major stationary sources. It focuses on the statutory language of the 1970 Clean Air Act and the 1977 Clean Air Act Amendments and subsequent administrative and judicial interpretations. Part III examines the development of the land-use doctrine governing the regulation of preexisting nonconforming uses and highlights its theoretical similarities to the air pollution context. Part IV looks specifically at the jurisprudence surrounding the use of amortization provisions in the zoning context. By and large, a court's acceptance …

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

Employing Active-Learning Techniques And Metacognition In Law School: Shifting Energy From Professor To Student, Robin A. Boyle

Faculty Publications

(Excerpt)

Teaching a law school class, whether it is doctrinal or skills-based, can be a tiring experience. At the conclusion of class, law professors often experience fatigue, partly from coming to a calm after being on-stage and partly from expending excessive energy lecturing or engaging students with the Socratic method. Law professors who are exhausted after a sixty or ninety-minute class, while their students sit passively except for random one-on-one questioning, are overworking. Chances are the majority of the students are under-performing because they are probably similar in their learning-style to students at other law schools, who do not learn …

Presenting A New Instructional Tool For Teaching Law-Related Courses: A Contract Activity Package For Motivated And Independent Learners, Robin A. Boyle, Karen Russo, Rose Frances Lefkowitz

Faculty Publications

(Excerpt)

Do you have motivated students in your classes who prefer to learn independently? Given the diversity of learning styles in law school students, you probably do! A Contract Activity Package (“CAP”) allows this kind of student to work at his or her own pace. It also provides options for all students to learn through their various modalities—visual, auditory, tactual, and kinesthetic.

We conducted empirical studies at two different universities in law-related classes and found that both classes, as a whole, learned content better by using the CAP than by using traditional classroom instruction. One of those studies, by Robin …