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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.


The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


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 J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. 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 B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. 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.


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.


F18rs Sgr No. 18, Bridget Ryan Oct 2019

F18rs Sgr No. 18, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES


The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton May 2019

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...


Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts Apr 2019

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts

John Griffith

Firefighters are heroes who save lives and protect property. They are highly revered in societies all around the world and perform under the most stressful of conditions. Drawing on literature from the United States (USA), this chapter reviews the culture, demographics and changing mission of the fire service as a backdrop to workplace harassment and bullying issues. The fire service has unique organizational dynamics that can lead to harassment and bullying and, at the same time, are the critical reasons for working to eliminate intentional and unintentional unfair treatment of women and minorities. Recent literature and studies show that the ...


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed— and may continue to allow— efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. The Article then discusses the potential benefits and costs of adopting indirection in affirmative action, and describes disagreements among Justices about the value of indirection ...


Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson Apr 2019

Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson

Digital Initiatives Symposium

In November 2018, Stanford Law School Library unveiled to the public an online exhibit of more than 100 oral histories of American women lawyers, scholars, judges, and government officials who helped diversify the legal profession in the late twentieth century. Called the “Women Trailblazers in the Law” Oral History Project, it is a collaboration between Stanford Law School Library and the American Bar Association. Our presentation discusses the details of the analog to digital preservation process, whereby the physical collection was converted into digital formats suitable for long term archival storage as well as online access for the general public ...


Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander Apr 2019

Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander

Open Educational Resources

Show Me Criminal Procedure is an open educational resources casebook available for free to students. This is the 2d ed. published in Spring 2019.


Spring 2019 Newsletter: The Docket, Emma M. Wood Apr 2019

Spring 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2019 issue of the UMass Law Library Newsletter, The Docket.


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl

Shamika Dalton

*In-Press Publication


Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker Mar 2019

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to ...


Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson Mar 2019

Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson

Research Collection School Of Law

Judicial mediation involving a judge actingas a mediator in a court dispute has been implemented in many jurisdictionsworldwide as a way to overcome access to justice challenges. This innovationhas raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, thesedebates have become increasingly stagnant. The evolving vision on access tojustice brings an opportunity to draw from the earlier debates and forge adifferent way forward. This paper argues that a coequality approach to understanding judicial mediation is a betterway to design the process in a way that ...


A Bibliography Of Faculty Scholarship, Law Library Mar 2019

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Stm In The Nature Of International Space Law, Yu Takeuchi Feb 2019

Stm In The Nature Of International Space Law, Yu Takeuchi

Space Traffic Management Conference

The discussion regarding STM has been accelerated due to the US policy decision of taking the lead of international discussion in Space Policy Directive 3 (SPD3). It is necessary to solve the following 3 issues to install STM in global sphere; the SSA data sharing; space debris mitigation management; and traffic management regulations.

This paper will be focusing on the 3rd issue, traffic management regulations, and firstly describe the reason of inherent reluctance of States to control the outer space based on the fundamental principle of international space law. The States sovereignty is always the dominant in the territorial ...


Monetizing Space Debris: Getting Tax Credits On Board, George Anthony Long Feb 2019

Monetizing Space Debris: Getting Tax Credits On Board, George Anthony Long

Space Traffic Management Conference

Human ingenuity and creativity is said to be one of the most powerful forces on Earth. Money is and historically has been a universal motivation for human ingenuity and creativity. Outer space is not an exception to this historical trend. It is common knowledge that private sector investment in outer space ventures is escalating and this investment is the engine generating the current resurgence in space ventures. The private investments in outer space are principally directed toward resource extraction, space tourism, and other activities which hold the promise of future financial returns on the investments. Noticeably, we do not hear ...


Nanosat Tracking And Identification Techniques And Technologies, Mark A. Skinner Feb 2019

Nanosat Tracking And Identification Techniques And Technologies, Mark A. Skinner

Space Traffic Management Conference

Nanosats (and CubeSats, ‘Smallsats’, etc.) are of order 10 cm in size, and are at or near the limits of what can be tracked and characterized, using existing space surveillance assets. Additionally, given the CubeSat form-factor, they are often launched in large numbers (scores), and can be virtually identical. Thus are they difficult to track and to identify.

We have identified a number of technologies that future nanosat missions could employ that would enhance the trackability and/or identification of their satellites when on-orbit. Some of these technologies require active illumination of the satellite with electromagnetic energy, either in the ...


Indexing Ceo Equity Compensation To Firm’S Cost Of Equity Capital, Shiva Rajgopal Feb 2019

Indexing Ceo Equity Compensation To Firm’S Cost Of Equity Capital, Shiva Rajgopal

Law, Economics, & Business Workshop

No abstract provided.


V.27-1, 1990 Masthead Feb 2019

V.27-1, 1990 Masthead

San Diego Law Review

No abstract provided.


The Facts Of Stigma: What's Missing From The Procedural Due Process Of Mental Health Commitment, Alexandra S. Bornstein Feb 2019

The Facts Of Stigma: What's Missing From The Procedural Due Process Of Mental Health Commitment, Alexandra S. Bornstein

Yale Journal of Health Policy, Law, and Ethics

This is the first systematic review of federal, judicial opinions that engage the stigma of mental health commitment in the context of procedural due process. In 1979, in Addington v. Texas, the Supreme Court held that the stigma, or adverse social consequences, of civil commitment is relevant to the procedural due process analysis. The following year, in Vitek v. Jones, the Court held that the stigmatizing consequences of a transfer from a prison to a mental health facility, coupled with mandatory treatment, triggered procedural protections.


Righting Research Wrongs: An Empirical Study Of How U.S. Institutions Resolve Grievances Involving Human Subjects, Kristen Underhill Feb 2019

Righting Research Wrongs: An Empirical Study Of How U.S. Institutions Resolve Grievances Involving Human Subjects, Kristen Underhill

Yale Journal of Health Policy, Law, and Ethics

Tens of millions of people enroll in research studies in the United States every year, making human subjects research a multi-billion-dollar industry in the U.S. alone. Research carries risks: although many harms are inevitable, some also arise from errors or mistreatment by researchers, and the history of research ethics is in many ways a history of scandal. Despite regulatory efforts to remedy these abuses, injured subjects nonetheless have little recourse to U.S. courts. In the absence of tort remedies for research-related injuries, the only venue for resolving such disputes is through alternative dispute resolution (ADR)—or more commonly ...


The Problem Of Intra-Personal Cost, Brian Galle Feb 2019

The Problem Of Intra-Personal Cost, Brian Galle

Yale Journal of Health Policy, Law, and Ethics

"Externalities," or harms to others, provide a standard justification for government intervention in the private market. There is less agreement over whether government is justified in correcting "internalities," or harms we inflict on our own health or well-being. While some of the internality dispute is philosophical, some is practical. Critics suggest government lacks information to regulate internalities, and that any intervention would inefficiently distort a private market for self-help. This Article argues that these critiques of regulation overlook well-established tools of externality regulation, as well as a burgeoning literature on the measurement of internalities.


Japanese Pamphlets, Volume I, 1906-1914 Feb 2019

Japanese Pamphlets, Volume I, 1906-1914

Japanese Pamphlets

Nineteen politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population. The pamphlets in this volume also include responses from the Japan Society ...


Japanese Pamphlets, Volume Ii, 1912-1920 Feb 2019

Japanese Pamphlets, Volume Ii, 1912-1920

Japanese Pamphlets

Twenty-nine politically oriented pamphlets published between 1912-1929 set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Arguments used against the Japanese living in America included claims of surreptitious entries (e.g., being smuggled in through Mexico), Japanese use of “Picture Prides, Japanese efforts to control the soil, Japanese use ...