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

Law Commons

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

Articles 1 - 13 of 13

Full-Text Articles in Law

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire Nov 2007

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.


Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad Aug 2007

Transformation Of Japan’S Civil Society Landscape, Mary Alice Haddad

Mary Alice Haddad

Japan’s civil society is being transformed as more people volunteer for advocacy and professional nonprofit organizations. In the American context, this trend has been accompanied by a decline in participation in traditional organizations. Does the rise in new types of nonprofit groups herald a decline of traditional volunteering in Japan? This article argues that while changes in civil rights, political opportunity structure, and technology have also taken place in Japan, they have contributed to the rise of new groups without causing traditional organizations to decline, because Japanese attitudes about civic responsibility have continued to support traditional volunteering.


Contratos De Ejecución De Obras Públicas Y Embargos Contra Las Cuentas Del Estado En Una Reciente Ejecutoria Superior. Una Interpretación Conforme A La Constitución, José Balcázar Quiroz May 2007

Contratos De Ejecución De Obras Públicas Y Embargos Contra Las Cuentas Del Estado En Una Reciente Ejecutoria Superior. Una Interpretación Conforme A La Constitución, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.


Politics And Volunteering In Japan: A Global Perspective, Mary Alice Haddad Feb 2007

Politics And Volunteering In Japan: A Global Perspective, Mary Alice Haddad

Mary Alice Haddad

Politics and Volunteering begins by painting a portrait of volunteering in Japan, and demonstrates that our current understandings of civil society have been based implicitly on a U.S. model that does not adequately consider participation patterns found in other parts of the world. The book develops a theory of civic participation that, incorporates citizen attitudes about governmental and individual responsibility, with societal and governmental practices that support (or hinder) volunteer participation. This theory is tested using cross-national and sub-national statistical analysis, and it is refined through detailed case studies of volunteering in three Japanese cities. The findings are then used …


Deportation Nation: Outsiders In American History, Daniel Kanstroom Dec 2006

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …


Market Definition, Merger Review, And Media Monopolization: Congressional Approval Of The Corporate Voice Through The Newspaper Preservation Act, Amy Sanders Dec 2006

Market Definition, Merger Review, And Media Monopolization: Congressional Approval Of The Corporate Voice Through The Newspaper Preservation Act, Amy Sanders

Amy Kristin Sanders

In this Article, the Author examines the Newspaper Preservation Act, a federal antitrust exemption for newspapers, in light of the changing landscape of media ownership. After doing so, she argues that federal merger review for media companies should be revised to include a broader definition of 'geographic market' and a more restrictive definition of 'failing firm' to discourage the corporatization of the media.


The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History Dec 2006

The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History

Patricia A. McCoy

This article describes the provisions of the federal Home Mortgage Disclosure Act (HMDA), tracing its legal evolution since 1989, when Congress expanded HMDA to require reporting of home mortgage lending by ethnicity and race. HMDA requires most lenders to report the demographic makeup and geographic distribution of home mortgages to the federal government. The 1989 amendments and later developments transformed HMDA from a law exclusively concerned with geographic disinvestment to one concerned with lending disparities by ethnicity and race. In the process, HMDA evolved from an obscure reporting statute to a flashpoint for debates over lending discrimination and subprime lending.


The Eu's New Impact On American Environmental Regulation, David Wirth Dec 2006

The Eu's New Impact On American Environmental Regulation, David Wirth

David A. Wirth

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this back impact. Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores …


Förvaltningsrättslig Jurisdiktion [Administrative Law Jurisdiction], Vilhelm Persson Dec 2006

Förvaltningsrättslig Jurisdiktion [Administrative Law Jurisdiction], Vilhelm Persson

Vilhelm Persson

Public international law and EU-law sets limits to states’ exercise of jurisdiction. However, within these limits states are free to exercise jurisdiction both to adjudicate and to prescribe rules. In Sweden ¬– as in other states – jurisdiction has been less examined in connection to administrative law than to criminal or private law. This leaves the limits of the jurisdiction to be determined by case law. In principle there are differences between jurisdiction to adjudicate and to prescribe. However, in public law they are closely connected. It is therefore acceptable that they sometimes are dealt with together. Further, administrative acts …


La Cláusula General Como Elemento Esencial En La Configuración De Los Actos De Competencia Desleal Enunciados Y No Enunciados, Pierino Stucchi Dec 2006

La Cláusula General Como Elemento Esencial En La Configuración De Los Actos De Competencia Desleal Enunciados Y No Enunciados, Pierino Stucchi

Pierino Stucchi

No abstract provided.


Parliamentary Privileges As Façade: Political Reforms And Constitutional Adjudication, Shubhankar Dam Dec 2006

Parliamentary Privileges As Façade: Political Reforms And Constitutional Adjudication, Shubhankar Dam

Shubhankar Dam

Does the Indian Parliament have the power to expel its members under the "powers, privileges and immunities" guaranteed by the Constitution? The Indian Supreme Court was confronted with the question in Raja Ram Pal v. Hon'ble Speaker, Lok Sabha and Others. Powers, privileges and immunities of the Indian Parliament are provided under Article 105. Supposedly based on an interpretation on Article 105(3), Sabharwal C.J., writing for the majority (Thakker J. concurring), concluded that Parliament did have the power to expel and that the same was subject to judicial review. Raveendran J. dissented. The particular privilege of the House of Commons, …


In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant Dec 2006

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …


“Sentencia 'Amaro Alle Erbe' De 23 De Noviembre De 2006 (Responsabilidad Del Distribuidor Sobre La Veracidad Del Etiquetado)”, Luis González Vaqué Dec 2006

“Sentencia 'Amaro Alle Erbe' De 23 De Noviembre De 2006 (Responsabilidad Del Distribuidor Sobre La Veracidad Del Etiquetado)”, Luis González Vaqué

Luis González Vaqué

Articles 2, 3 and 12 of Directive 2000/13 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs are to be interpreted as not precluding legislation of a Member State which makes it possible for an operator, established in that Member State, which distributes a pre-packaged alcoholic beverage to be delivered as such within the meaning of Article 1 of that directive, produced by an operator established in another Member State, to be held liable for an infringement of that provision, established by a public authority, resulting from the producer’s inaccurate …