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Articles 1 - 30 of 65
Full-Text Articles in Law
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center
The Future of Natural Resources Policy (December 6)
This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.
Moderator: Dean Phil Weiser, University of Colorado Law School
Panelists:
Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality
Scott Miller, Visiting Assistant Professor, University of Colorado Law …
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Thirteenth Amendment Won't Help Free Willy., Sheri Flannery
The Scholar: St. Mary's Law Review on Race and Social Justice
Orcas are not afforded any relief under the Thirteenth Amendment. Animal rights advocates, namely People for the Ethical Treatment of Animals (PETA), alleged animals have the right to be free from slavery and involuntary servitude as guaranteed by the Thirteenth Amendment. Although the Thirteenth Amendment has been extended beyond African slavery, its protections have never been granted to anything other than human beings. The United States Supreme Court’s examination and interpretation of the Thirteenth Amendment concluded that animals are not afforded such protections under this amendment. The Court reasoned that the Thirteenth Amendment only applied to humans and not animals. …
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
The Power To Block The Affordable Care Act: What Are The Limits?, John D. Kraemer, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Though Supreme Court upheld most parts of the Affordable Care Act (ACA), Congress’ goals in enacting it could still be frustrated by non-implementation. During his campaign for president, Governor Romney promised “to issue Obamacare waivers to all fifty states.” While such blanket waivers would likely violate the Constitution’s Take Care Clause, the ACA does permit other waivers. To be lawful, however, they must meet certain requirements designed to enhance access and lower cost. A president who opposes the ACA might be able to limit its implementation by refusing to issue premium subsidies in federally operated insurance exchanges, and this might …
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz
Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
United States V. Lopez: Artificial Respiration For The Tenth Amendment , Eric W. Hagen
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
The Supreme Court's Most Extraordinary Term - Introduction, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Social Security In An Era Of Retrenchment: What Would Happen If The Social Security Trust Funds Were Exhausted?, Kathryn L. Moore
Social Security In An Era Of Retrenchment: What Would Happen If The Social Security Trust Funds Were Exhausted?, Kathryn L. Moore
Law Faculty Scholarly Articles
Social Security's income, including interest income on the Social Security trust funds' reserves, currently exceeds costs. The system, however, is facing a long-term deficit. Specifically, the Social Security Trustees project that, unless the Social Security Act is amended, by 2033 the system's reserves will be depleted, and its income will only be sufficient to cover about 75 percent of scheduled benefits.
This article addresses two questions related to the funding of Social Security. Part I discusses what would happen if the Social Security trust funds were exhausted. Part II discusses whether Congress could amend the Social Security Act to reduce …
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills , Christopher D. Eaton
Judicial Limitation Of The Epa's Oversight Authority In Clean Water Act Permitting Of Mountaintop Mining Valley Fills , Christopher D. Eaton
Michigan Journal of Environmental & Administrative Law
Mountaintop removal mining operations in the Appalachian region have expanded significantly in recent decades. The practice decimates the mountain ecosystems by leveling forests, filling headwater streams, and producing significant runoff of heavy metals, sediment, and other pollutants that impair the aquatic environment of entire watersheds. Yet environmental permitting of the practice is relatively limited. A recent trend in litigation aimed at halting mining operations has involved challenging permits that authorize the discharge of mining overburden into headwater streams pursuant to the Clean Water Act (CWA). The Army Corps of Engineers has assumed jurisdiction over such discharges under section 404 of …
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Marquette Elder's Advisor
Timely filing of a properly prepared gift tax return will begin the statute of limitations period for revaluing the gift for gift tax purposes, but not necessarily for estate tax purposes. Walsh describes how the Taxpayer Relief Act of 1997 (TRA'97) can provide a taxpayer with potential solutions and describes how the final regulations provide planning opportunities for attorneys to assist their clients.
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Marquette Elder's Advisor
Horrific reports of physical and sexual abuse plague our nation's nursing homes. A key information resource for consumers, the federal Nursing Home Compare website, is failing to provide adequate information. While government officials are making efforts to improve the site, consumers must be vigilant and protect family members in nursing home care.
"Roads? Where We're Going We Don't Need Roads:" The Transformation Of The Roadless Rule Into An American Carbon Sink, Sam W. Gieryn
"Roads? Where We're Going We Don't Need Roads:" The Transformation Of The Roadless Rule Into An American Carbon Sink, Sam W. Gieryn
Sam W. Gieryn
Abstract “Roads? Where We’re Going, We Don’t Need Roads:” The Transformation of the Roadless Rule into an American Carbon Sink. By: Sam Gieryn Climate change continues to become a global problem, but for the United States, part of the solution is closer than we think. In the search for an effective means to halt the adverse effects of global warming, scientists discovered the benefits of carbon sequestration from forests. The United States contains nearly 750 million acres of forest, which this paper proposes the nation uses to combat climate change. In 2001, the Clinton Administration took notice of the importance …
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
The Future Of Limitless Debate: The Filibuster In The 113th Congress, Mark Kogan
Legislation and Policy Brief
Human cloning, the caning of teen vandals, and the belief that aliens descend from space to abduct humans and livestock all hold something in common: they are more popular than Congress. With the 112th Congress bottoming out at a record-low 9% approval rating, it is clear that Americans are deeply unsatisfied with the gridlock gripping Washington. While it is popular, and even easy, to lambaste Republicans for blanket obstructionism and to condemn Democrats for failure to stand up to minority bullying, collective blame shifting will not breach the dam of a hyper-partisan Congress. Instead, individuals hoping to get Congress moving …
Congress, Federal Courts, And Domestic Relations Exceptionalism, Mark Strasser
Congress, Federal Courts, And Domestic Relations Exceptionalism, Mark Strasser
Mark Strasser
Family law is often cited as a paradigmatic example of state law, and the Supreme Court has often trumpeted the “domestic relations exception” as a justification for preventing federal involvement in family matters. Yet, it is of course true that a variety of federal programs affect the family, so it is important to figure out which areas are reserved for the states and which are not. Further, the federal courts have heard a variety of cases involving family matters, so it is not as if the courts never have jurisdiction to hear such cases. The tests for determining when the …
Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady
Pepperdine Law Review
No abstract provided.
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Effectively Curbing The Gst Exemption For Perpetual Trusts, Lawrence W. Waggoner
Effectively Curbing The Gst Exemption For Perpetual Trusts, Lawrence W. Waggoner
Articles
In "Effectively Curbing the GST Exemption for Perpetual Trusts," I criticized the Treasury Department’s proposal for dealing with perpetual trusts. My objection is that Treasury’s approach would leave many trusts and much wealth GST-exempt for much longer than Congress originally intended. For perpetual trusts created before enactment, Treasury’s approach would allow them to continue to be unburdened by a durational limit. For perpetual trusts created after the effective date of enactment, Treasury’s approach would still allow them to qualify for the GST exemption, but would have the exemption expire 90 years after the trust was created.
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
Embracing Tribal Sovereignty To Eliminate Criminal Jurisdiction Chaos, Lindsey Trainor Golden
University of Michigan Journal of Law Reform
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary to existing policies that recognize inherent tribal sovereignty, and that to fully restore tribal sovereignty and reduce reservation crime rates, Congress should revise the MCA and the TLOA to comprehensively address the legal barriers that adversely affect tribes' ability to prosecute crimes committed within their geographic borders. Part I outlines the historical progression of laws addressing criminal jurisdiction in Indian Country and identifies the problems with the law's disregard and displacement of tribal sovereignty. Part II examines the current state of criminal jurisdiction on reservations-focusing on …
Can Super-Committees Cure Congressional Gridlock?, Sean J. Wright
Can Super-Committees Cure Congressional Gridlock?, Sean J. Wright
Sean J Wright
No abstract provided.
Foreword, Neil S. Siegel
Foreword, Neil S. Siegel
Law and Contemporary Problems
The articles published in this volume of Law and Contemporary Problems address the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA), either directly or indirectly. They were originally presented at a conference at Duke Law School on September 16, 2011. Entitled “The Constitutionality of the Affordable Care Act: Ideas from the Academy,” the conference was inspired by the belief that legal academics who specialize in U.S. constitutional law, health law and policy, or statutory interpretation are making distinctive contributions to the national debate over the constitutionality of the ACA. These legal academics are …
Bootstrapping, Stuart M. Benjamin
Bootstrapping, Stuart M. Benjamin
Law and Contemporary Problems
Virtually every action depends on some conditions precedent. Law is no exception. The common law and precedent involve reliance on earlier developments, as do more particularized phenomena like slippery slopes and path dependence. In some situations, an actor undertakes permissible action Y and thereby renders its action Z legally permissible, a phenomenon I refer to as bootstrapping. Some commentators have raised concerns about the consequences of allowing bootstrapping, notably in the context of the individual mandate in the 2010 health care act. In this article I consider whether we, as citizens, should find bootstrapping, or a particular category of bootstrapping, …
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
The Uneasy Case For The Affordable Care Act, Stephen E. Sachs
Law and Contemporary Problems
The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics.
Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter
"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter
University of Richmond Law Review
No abstract provided.
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Utah V. Evans: How Census 2000'S "Sampling In Disguise" Fooled The Supreme Court Into Allocating Utah's Seat In The U.S. House Of Representatives To North Carolina, Nathan T. Dwyer
Pepperdine Law Review
No abstract provided.
S12rs Sgr No. 34 (Student Loan Act), Glorioso
S12rs Sgr No. 34 (Student Loan Act), Glorioso
Student Senate Enrolled Legislation
No abstract provided.