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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter Aschenbrenner Jan 2105

All Things To All People, Part One, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Law Of Torts In Tanzania, Mwakisiki Mwakisiki Apr 2071

Law Of Torts In Tanzania, Mwakisiki Mwakisiki

MWAKISIKI MWAKISIKI

An Essential Student Compendium Covering All Aspects of Law of Torts


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos Jan 2019

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold Oct 2018

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...


The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer Apr 2018

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne Apr 2018

Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Adam Epstein

The purpose of this article is to introduce some of the recent (since 2011) situations and incidents at various levels of sport competition. The article can be used as a springboard for further research and exploration, but our intent is to focus on ethical and legal examples that can be used in the classroom primarily for pedagogical purposes.  Using sport examples is often an engaging way to teach ethics in the context of a business or sports law course.  We divide our analysis into four major categories: Part I: addresses youth (including amateur and recreational) and interscholastic sport. Part II ...


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs Jan 2018

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...


Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt , Rebecca H. Williams Jan 2018

Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt , Rebecca H. Williams

Lisa R Pruitt

Our nation has, in recent years, become aware of the lawyer shortage afflicting rural communities, as well as associated access to justice challenges.  This short article, written for an issue of Los Angeles Lawyer Magazine dedicated to access to justice, focuses on Southern California’s rural communities. In particular, we analyze recent data on attorney distribution throughout that region to highlight the extent and details of the rural attorney shortage in eight Southern California counties.
 
We begin by introducing the demographic and socioeconomic characteristics of rural communities, including high poverty rates, remoteness from services, poor public transportation infrastructure.  Next we ...


Utah And Sports Law, Adam Epstein Jan 2018

Utah And Sports Law, Adam Epstein

Adam Epstein

The state of Utah has addressed sports law issues across a broad spectrum, far more than just ski-related. Utah cases, coupled with sport-specific statutes, shows that even a state with a relatively small population might still have to deal with legal issues that intersect sport and law. While the advent of the 2002 Winter Olympics in Salt Lake City was an exciting time for the state and, in the end, became a huge international success, along with it came accusations of criminal misconduct to get it there in the first place. Indeed, misconduct involving the judging of pairs figure skating ...


The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay Jan 2018

The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay

Law School Student Scholarship

No abstract provided.


The Rise Of Bullying As A Public Health Issue, Saba Nazir Jan 2018

The Rise Of Bullying As A Public Health Issue, Saba Nazir

Law School Student Scholarship

No abstract provided.


Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia Jan 2018

Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia

Law School Student Scholarship

No abstract provided.


Current Topics In Internet Law Data Breach Liability, Fadja Tassey Jan 2018

Current Topics In Internet Law Data Breach Liability, Fadja Tassey

Law School Student Scholarship

No abstract provided.


Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi Jan 2018

Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi

Law School Student Scholarship

No abstract provided.


Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher Jan 2018

Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher

Law School Student Scholarship

No abstract provided.


Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz Jan 2018

Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz

Law School Student Scholarship

No abstract provided.


Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto Jan 2018

Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto

Law School Student Scholarship

No abstract provided.


Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin Jan 2018

Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin

Law School Student Scholarship

No abstract provided.


Strategies To Combat Antibiotic Resistance, Amit Singhai Jan 2018

Strategies To Combat Antibiotic Resistance, Amit Singhai

Law School Student Scholarship

No abstract provided.


Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates Jan 2018

Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates

Law School Student Scholarship

No abstract provided.


Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher Jan 2018

Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher

Law School Student Scholarship

No abstract provided.


Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley Jan 2018

Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley

Law School Student Scholarship

No abstract provided.


Economic Analysis In Labor Regulation, Hiba Hafiz Jan 2018

Economic Analysis In Labor Regulation, Hiba Hafiz

Journal Articles

No abstract provided.