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Articles 1 - 30 of 39
Full-Text Articles in Law
Recent Developments, Silas Heffley
Recent Developments, Silas Heffley
Arkansas Law Review
In a case involving a Missouri televangelist, a purported COVID-19 cure, and state officials from Arkansas and California, the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal for lack of personal jurisdiction.
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan
Ocean and Coastal Law Journal
While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Emulsified Property, Jessica A. Shoemaker
Emulsified Property, Jessica A. Shoemaker
Pepperdine Law Review
The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa Lonegrass
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa Lonegrass
Melissa T. Lonegrass
No abstract provided.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass
University of Arkansas at Little Rock Law Review
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cross-Border Collective Redress And Individual Participatory Rights: Quo Vadis?, S. I. Strong
Cross-Border Collective Redress And Individual Participatory Rights: Quo Vadis?, S. I. Strong
Faculty Publications
This article fills a critical gap in the commentary by undertaking a rights-based analysis of the various issues that arise in cases involving large-scale international litigation, focusing in particular on the Brussels I Regulation and what may be called ‘individual participatory rights’. In so doing, the discussion considers the nature and scope of individual participatory rights in collective litigation as well the ways in which these rights should be weighed and considered. Although the analysis is set in the context of European procedural law, this discussion is of equal relevance to parties outside the European Union, either because they will …
Cross-Border Collective Redress In The European Union: Constitutional Rights In The Face Of The Brussels I Regulation, S. I. Strong
Cross-Border Collective Redress In The European Union: Constitutional Rights In The Face Of The Brussels I Regulation, S. I. Strong
Faculty Publications
This article considers the various issues associated with the creation of a system of collective relief in a region that has traditionally been hostile to the provision of large-scale private litigation. In so doing, the discussion focuses on the clash between certain constitutional rights relating to the ability of the plaintiff to choose the time, place and manner of bringing suit and the European Union’s primary form of legislation concerning cross-border procedure, Council Regulation 44/2001 on jurisdiction and on recognition and enforcement of civil and commercial judgments, commonly known as the Brussels I Regulation.
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …
The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné
The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné
Cornell Law Faculty Working Papers
These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals with …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows
Tough Love: The Dramatic Birth And Looming Demise Of Unclos Property Law (And What Is To Be Done About It), Peter S. Prows
ExpressO
The 1982 United Nations Convention on the Law of the Sea (“UNCLOS”) represents the culmination of thousands of years of international relations, conflict, and now nearly universal adherence to an enduring order for ocean space that is the most significant achievement for international law since the UN Charter. UNCLOS establishes international property law erga omnes that, by legal and political necessity, required a bargained consensus to be effective. This bargain, in essence, provided coastal States with extended but limited jurisdictions, while ensuring that the seabed and its mineral resources beyond were the “common heritage of mankind” that would peaceably and …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick
Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick
NYLS Law Review
No abstract provided.
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
52 pages.
Contains footnotes.
Environmental Regulation On Indian Reservations, B. Kevin Gover
Environmental Regulation On Indian Reservations, B. Kevin Gover
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
45 pages.
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
56 pages.
Includes unsigned annotations by David Getches.
Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss
Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss
Vanderbilt Journal of Transnational Law
Passage of the FSIA in 1976 codified the restrictive theory of sovereign immunity, which provides that a foreign state will re-main immune from suit for its public acts but will lose immunity for its private and commercial acts. By placing the determination of a foreign government's immunity in the hands of the judiciary, Congress attempted to standardize an area of the law that had been governed by political relations between the United States and foreign governments.
The FSIA is the exclusive mechanism through which private parties can seek redress against foreign governments in United States courts. The Act provides a …
Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe
Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
62 pages.
Contains references.
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
University of Arkansas at Little Rock Law Review
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)
UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465
IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)
THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …
Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis
Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis
American Indian Law Review
No abstract provided.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest
1. Aliens' Rights
Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws
Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers
Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person
2. European Economic Community
Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …