Law Commons^™

Federal Common Law In An Age Of Treaties, Michael P. Van Alstine

Faculty Scholarship

In this article Professor Van Alstine explores the interaction between the limitations on the doctrine of federal common law and the power of federal courts to interpret the law within the scope of treaties. The article first reviews the constitutional foundation for the operation of treaties as directly applicable ("self-executing") federal law. It then explains that, notwithstanding the Erie doctrine, federal courts may obtain lawmaking powers from either a delegation by Congress or in certain areas of "uniquely federal interest."

Professor Van Alstine then argues that the judicial relationship with self-executing treaty law in principle proceeds from the same source …

A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Achieving The Double Bottom Line: A Framework For Corporations Seeking To Deliver Profits And Public Services, Lisa M. Fairfax

Faculty Scholarship

Achieving the Double Bottom Line: A Framework for Corporations Seeking to Deliver Profits and Public Services argues that many people who object to for-profit corporations that deliver public services, such as kindergarten through 12th grade education or foster care, have greatly exaggerated the extent to which the for-profit regime will compel such corporations to subordinate the delivery of those services to financial considerations. Because of this over-exaggeration, these opponents have not focused on designing a framework that would assist these entities in meeting their double bottom line—achieving profit for their shareholders while also delivering a high quality public service. The …

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Building A Digital Collection: The Making Of Historical Publications Of The United States Commission On Civil Rights, Bill Sleeman

Faculty Scholarship

This article briefly explores the technical and administrative tasks required to create a digital resource devoted to the U.S. Commission on Civil Rights.

Unemployment Insurance Reform For Moms, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Introduction: Ancients, Moderns And Guns, Mark A. Graber

Faculty Scholarship

No abstract provided.

Deconstructing Teresa O'Brien: A Role Play For Domestic Violence Clinics, Leigh S. Goodmark, Catherine F. Klein

Faculty Scholarship

No abstract provided.

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Achieving Batterer Accountability In The Child Protection System, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

Faculty Scholarship

When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the …