Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (20)
- Selected Works (19)
- Lewis & Clark Law School (16)
- St. John's University School of Law (14)
- Columbia Law School (8)
-
- University of Colorado Law School (8)
- University of Richmond (5)
- Louisiana State University (4)
- Maurer School of Law: Indiana University (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Claremont Colleges (3)
- Fordham Law School (3)
- Pepperdine University (3)
- University of Massachusetts School of Law (3)
- Florida International University College of Law (2)
- Schulich School of Law, Dalhousie University (2)
- St. Thomas University College of Law (2)
- Universitas Indonesia (2)
- University of South Carolina (2)
- Aga Khan University (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Edith Cowan University (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- Pace University (1)
- Roger Williams University (1)
- SelectedWorks (1)
- Singapore Management University (1)
- Publication Year
- Publication
-
- Seattle University Law Review (20)
- Faculty Publications (18)
- Animal Law Review (16)
- Donna M. Hughes (8)
- Faculty Scholarship (8)
-
- University of Richmond Law Review (5)
- Student Senate Enrolled Legislation (4)
- Touro Law Review (4)
- Celebrating the Centennial of the Antiquities Act (October 9) (3)
- Fordham Journal of Corporate & Financial Law (3)
- Pepperdine Law Review (3)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (2)
- CMC Senior Theses (2)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
- St. Thomas Law Review (2)
- University of Massachusetts Law Review (2)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- Articles by Maurer Faculty (1)
- Barry Law Review (1)
- Bridges: An Undergraduate Journal of Contemporary Connections (1)
- Catherine R. Albiston (1)
- Cornell Law Faculty Working Papers (1)
- Cybaris® (1)
- Derek T. Muller (1)
- Electronic Thesis and Dissertation Repository (1)
- Eric Biber (1)
- Erwin Chemerinsky (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Federal Communications Law Journal (1)
- Publication Type
Articles 121 - 144 of 144
Full-Text Articles in Law
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Congressional Threats Of Removal Against Federal Judges, Marc O. Degirolami
Faculty Publications
The federal judicial branch has lately become the object of increasing scrutiny and distrust by its legislative counterpart. Congressional suspicion is often directed toward judicial discretion in criminal sentencing and, more generally, the degree to which judges are perceived to be beholden to a particular ideological point of view or personal bias. This distrust has bred a potent strain of political opportunism that Congress has manifested in several recent bills. One of these, the Feeney Amendment to the PROTECT Act, all but eliminated judicial discretion in sentencing and tacitly threatens judges' continued employment. Though the Supreme Court's recent decision in …
2003 Legislative Review, Emilie Clermont
Integrating Animal Interests Into Our Legal System, David Favre
Integrating Animal Interests Into Our Legal System, David Favre
Animal Law Review
This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.
The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green
The Future Of Veterinary Malpractice Liability In The Care Of Companion Animals, Christopher Green
Animal Law Review
This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties’ concerns.
Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein
Breed Specific Legislation: Unfair Prejudice And Ineffective Policy, Devin Burstein
Animal Law Review
This comment examines breed specific legislation—the unfortunate attempt of legislatures throughout the country to address the valid concern over vicious dog attacks by prohibiting or strictly regulating entire breeds, most often pitbulls. To prevent the tragedies that can occur when a dog attacks a human, legislation must take aim at the heart of the problem, the human owners that allow, through negligence or intentional mistreatment and training, these attacks to occur.
Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez
Restricting The Use Of Animal Traps In The United States: An Overview Of Laws And Strategy, Dena M. Jones, Sheila Hughes Rodriguez
Animal Law Review
Enacting absolute bans on the use of trapping devices and on commerce in trapped animal products has been difficult. Nearly every state, however, has enacted some restrictions on who can trap, what animals can be trapped, where and when animals can be trapped, the type and size of permitted traps, and how often traps must be checked. This article summarizes past and potential approaches to curtail the use of traps in the U.S. at federal, state and local levels. The article also notes litigation related to trapping and trapping prohibitions.
Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini
Hair Today, Gone Tomorrow: Equine Cosmetic Crimes And Other Tails Of Woe, Sandra Tozzini
Animal Law Review
Many invasive procedures, including surgery, are performed on horses’ tails purely for cosmetic reasons. These procedures fall into a variety of categories from the arguably unethical to the undoubtedly criminal. Although criminal laws prohibiting certain cosmetic surgeries have been in existence for approximately one hundred years, they rarely have been enforced. This article reviews the current status of both American and international “anti-cosmetic” statutes, focusing on the constitutional problems that the current American statutes raise. The article proposes a model federal statute that is constitutionally sound, addresses all forms of cosmetic tail procedures, and provides a vehicle for enforcement.
2022 Legislative Review, Emilie Keturakis
Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino
Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino
Faculty Publications
Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …
2001 Legislative Review, Laurie Fulkerson
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.
Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.
The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).
"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …
Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell
Recovery Of "Non-Economic" Damages For Wrongful Killing Or Injury Of Companion Animals: A Judicial And Legislative Trend, Sonia S. Waisman, Barbara R. Newell
Animal Law Review
The emotional bond between humans and their animal companions can be as strong as that experienced between two people, and animal companions are often looked upon and treated as members of the family. When they are wrongfully killed or injured, however, the legal system traditionally has not adequately recognized this important relationship. Instead, recovery has been limited to the market value of the animals. It is time for state laws to explicitly acknowledge the significance of the human-animal companion relationship and codify recovery for such non-economic injuries as emotional distress and loss of companionship. This article examines why damages for …
2000 Legislative Review, Alicia Finigan
2000 Legislative Review, Alicia Finigan
Animal Law Review
Our third Legislative Review reports the passage and de- feat of several state and federal, administrative and legislative actions. Ms. Laurie Fulkerson has researched and written on four major pieces of federal legislation; Mr. Chris Brown has discussed additional federal advances, and a review of state initiatives which both advance and undermine animal welfare; Ms. Amy Baggio has reviewed the passage of state anti-cruelty statues. Finally, Ms. Alicia Finigan has reported on the United State's Pelly Amendment certification of Japan for violating the International Whaling Commission's resolution to cease its illusory "research whaling" for minke, sperm and Bryde's whales.
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Should State Corporate Law Define Successor Liability - The Demise Of Cercla's Federal Common Law, Bradford Mank
Faculty Articles and Other Publications
During the 1980s and early 1990s, a series of decisions broadly interpreting the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCIA) appeared destined to transform corporate law practice. CERCIA does not directly address successor liability, but the statute's complex and contradictory legislative history arguably implies that Congress wanted federal courts to apply broad liability principles to achieve the statute's fundamental remedial goal of making polluters and their successors pay for cleaning up hazardous substances.
Notably, a number of courts rejected state corporate law principles that usually limit the liability of successor corporations and instead …
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Federal Communications Law Journal
During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …
Are Statutes Really "Legislative Bargains"? The Failure Of The Contract Analogy In Statutory Interpretation, Mark L. Movsesian
Are Statutes Really "Legislative Bargains"? The Failure Of The Contract Analogy In Statutory Interpretation, Mark L. Movsesian
Faculty Publications
Recent scholarship draws an analogy between contract and statutory interpretation. In this Article, Professor Movsesian explores and rejects that analogy. There are key differences between contracts and statutes, he argues; the intentionalism of contemporary contract law is inappropriate in the context of statutory interpretation. After critically examining the literature on the topic and demonstrating the operative distinctions between contracts and statutes, Professor Movsesian provides a useful illustration in the form of the famous case of Church of the Holy Trinity v. United States. Professor Movsesian shows how a comparison of contract and statutory interpretation sheds light on a number of …
The Voice Of Edith Cowan: Australia's First Woman Parliamentarian 1921-1924, Harry C.J. Phillips
The Voice Of Edith Cowan: Australia's First Woman Parliamentarian 1921-1924, Harry C.J. Phillips
Research outputs pre 2011
On 12 March 1996 the Honourable Justice French, as Chancellor of Edith Cowan University, led a rededication ceremony of the Edith Cowan Clock Tower. This occasion, the seventy-fifth anniversary of Edith Cowan's election to the Legislative Assembly, was immediately followed by a breakfast at the nearby Parliament of Western Australia. During the evening a touring exhibition of Edith Cowan's life was launched titled "A Tough Nut to Crack". Then five days later Professor Geoffrey Bolton spoke at St George's Cathedral to celebrate a "Life of Service" by Edith Cowan.
The Voice of Edith Cowan is another contribution to the anniversary. …
Severability In Statutes And Contracts, Mark L. Movsesian
Severability In Statutes And Contracts, Mark L. Movsesian
Faculty Publications
Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.
The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer
Scholarly Works
Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.
Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.
Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …
“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch
“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
5 pages.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Indice Derecho Social, Mario Díaz Cruz
Indice Derecho Social, Mario Díaz Cruz
Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana
Derecho Social, Libreta No. 5, Indice. Jurisprudencia