Digital Commons Network^™

The Theory And Practice Of Statutory Interpretation In The Supreme Court, Frank Cross

ExpressO

No abstract provided.

What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …

Decree 279 - Creates A Specialized Governmental Body For The Control Of Fuels, Presidente De La República Dominicana

Latin American Energy Policies

This decree establishes CECCOM, a direct dependence of the Secretariat of Industry and Trade, which will have as its primary mission the implementation of a national policy on security and control in the distribution process and marketing of fuels. CECCOM will ensure compliance of rules, procedures and regulations pertaining to fuels.

How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt

ExpressO

A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

Lawyers, Guns And Money: Content Contextualism And The Cognitive Foundations Of Statutory Interpretation, Gary Blasi

ExpressO

The field of statutory interpretation is one of central importance to both lawyers and judges, perhaps even more central to their daily work than the analysis of appellate opinions. As a field of academic inquiry, however, the field has become rather stagnant and seems now at a stalemate between contending schools of thought, with most siding against the pure forms of textualism sometimes associated with Justice Scalia and arguing for some form of contextualism. What kinds of context should matter is disputed. Thus far, however, scholars have paid remarkably little attention to one crucial contextual factor: What is the statute …

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Toward A New Theory Of Notice And Deterrence, Dru Stevenson

ExpressO

This article sets forth a new model of “notice” and deterrence that helps explain some long-standing contradictions in the literature on deterrence. Nearly all the work in the area of criminal law and deterrence has included an assumption that would-be offenders know the laws and the threatened sanctions, and therefore adjust their behavior in light of these disincentives. The fact that most people seem to be ignorant of the exact boundaries of the rules, and ignorant of the sanctions, presents an enormous conceptual problem for the classic model of deterrence. This new model presents an alternative mechanism for deterrence based …

The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft

ExpressO

The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …

The Democratic Public Domain: Reconnecting The Modern First Amendment And The Original Progress Clause (A.K.A. Copyright And Patent Clause), Malla Pollack

ExpressO

If the Progress Clause, a.k.a. the Patent and Copyright Clause, of the U.S. Constitution had been construed when its original meaning was still obvious, United States law would be far different. In this area at least, the Drafters’ Constitution was much less aristocratic than the modern (mis)reading. The original meaning of the Progress Clause, furthermore, should have stimulated a more communitarian First Amendment, the type of First Amendment currently being suggested by leading First Amendment scholars such as Jack Balkin.

The Virginia Wetlands Report Vol. 19, No. 1, Virginia Institute Of Marine Science

Virginia Wetlands Reports

• Alligators Abound! Alligator Farming in America Pam Mason
• Hooded Merganser (Lophodytes cucullatus) Julie Bradshaw
• Workshop for Coastal Managers Planned for May 19-20, 2004 Marcia Berman
• Annual Summary of Permitted Tidal Wetland Impacts – 2003. Karen Duhring
• Tidal Wetland Mitigation Banking Coming to Virginia Waters. Tom Barnard

Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton

Federal Communications Law Journal

The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …

Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson

Nevada Law Journal

No abstract provided.

Animals, Rights And Property:The (Un)Attachment Of Pets In Israeli Law, Pablo Lerner

ExpressO

No abstract provided.

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar

ExpressO

This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …

Maine Women's Advocate No. 36 (Winter 2004), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Faculty Publications

No abstract provided.

No Child Left Behind Act -- A Work In Progress, Joseph H. Huber, J. U. Stein, J. L. Mackool

Movement Arts, Health Promotion and Leisure Studies Faculty Publications

Describes the background of the U.S. No Child Left Behind Act of 2001, the legislation's mandate, and how it impacts on children with disabilities and their teachers.

Honor Crimes In Jordan: Their Treatment Under Islamic And Jordanian Criminal Laws, Ferris K. Nesheiwat

Ferris K Nesheiwat

No two elements are more important to the establishment of a civilized and open society than society’s respect for individual human rights and respect for and submission to the rule of law. These two elements, however, are not always compatible. When society adopts laws that undermine the basic rights of a class of citizens, a tension is created between an individual’s responsibility to respect society’s laws, and that same individual’s right to be protected and treated equitably by his or her society. This scenario occurs when society adopts laws, which selectively provide under-protection to a class of citizens because of …

Valuation In Veterinary Malpractice, Rebecca J. Huss

Rebecca J. Huss

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.

A Policy Analysis Of Nevada's Middle School Retention Legislation, Julie Ann Abeyta

UNLV Retrospective Theses & Dissertations

In 1997, the Nevada State Legislature passed Assembly Bill 376 permitting the State Board of Education to adopt credit requirements that students must meet prior to being promoted from eighth grade to high school. A resulting State Board of Education regulation requires that a student earn one-and-one-half credits in language and one-and-one-half credits in mathematics during seventh and eighth grades to merit promotion to high school; While much attention has been given to the issue of retention and social promotion in large urban school districts such as Chicago and New York City, little investigation has been directed to smaller, rural …

Public Private Partnerships And Sustainability Principles Guiding Legislation And Current Practice, Brenda Ryan

Reports

No abstract provided.

Saguaro National Park Case Study, Douglas S. Kenney, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

25, A-5 p. : ill., maps

King Range National Conservation Area Case Study, Ann Morgan, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

25, A-2, B-4, C-2 p. : ill., map

Snake River Birds Of Prey National Conservation Area Case Study, Kathryn M. Mutz, Doug Cannon, Chris Simmons, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

34, A-5, B-2 p. : ill., map

Hells Canyon National Recreation Area Case Study, Jim Martin, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

30, A-8, B-5 p. : ill., map

Protective Designations On Federal Lands: Case Studies Of National Conservation Areas, National Monuments, National Parks, National Recreation Areas, And Wilderness Areas, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

18, A-4 p.

Special Uses In Wilderness Areas: Management Survey, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

[47] p.

Valuation In Veterinary Malpractice, Rebecca J. Huss

Law Faculty Publications

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.