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Articles 1 - 30 of 181
Full-Text Articles in Law
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Faculty Publications
This Issue of FSR reports on two fronts in the ongoing national battle for sentencing reform. The first half of the Issue is devoted to evolving views and new initiatives on parole. The second half of the Issue is a report on the content and prospects for success of a number of bills pending in Congress that would reform federal criminal sentencing, corrections, and back-end release practices.
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Faculty Publications
This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from conceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …
Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott
Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott
Faculty Publications
In his seminal 1984 article, The Limits of Antitrust, Judge Frank Easterbrook proposed that courts and enforcers adopt a simple set of screening rules for application in antitrust cases, in order to minimize error and decision costs and thereby maximize antitrust's social value. Over time, federal courts in general, and the U.S. Supreme Court in particular, under Chief Justice Roberts have in substantial part adopted Easterbrook's "limits of antitrust" approach, thereby helping to reduce costly antitrust uncertainty. Recently, however, antitrust enforcers in the Obama Administration (unlike their predecessors in the Reagan, Bush, and Clinton Administrations) have been less attuned to …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold
Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold
Journal of Environmental and Sustainability Law
No abstract provided.
Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson
Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson
Journal of Environmental and Sustainability Law
No abstract provided.
Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner
Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner
Journal of Environmental and Sustainability Law
No abstract provided.
Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate
Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate
Journal of Environmental and Sustainability Law
No abstract provided.
Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson
Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson
Journal of Environmental and Sustainability Law
No abstract provided.
Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long
Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long
Journal of Environmental and Sustainability Law
No abstract provided.
What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin
What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin
Journal of Environmental and Sustainability Law
No abstract provided.
Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch
Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch
Journal of Environmental and Sustainability Law
No abstract provided.
Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield
Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield
Journal of Environmental and Sustainability Law
No abstract provided.
Editor's Perspective
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik
The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik
Journal of Environmental and Sustainability Law
No abstract provided.
A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady
A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady
Journal of Environmental and Sustainability Law
No abstract provided.
Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine
Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine
Journal of Environmental and Sustainability Law
No abstract provided.
Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson
Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson
Journal of Environmental and Sustainability Law
No abstract provided.
Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia
Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia
Journal of Environmental and Sustainability Law
No abstract provided.
The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith
The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith
Journal of Environmental and Sustainability Law
No abstract provided.
Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran
Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran
Journal of Environmental and Sustainability Law
No abstract provided.
Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver
Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver
Missouri Law Review
Grand jury determinations that officers would face no charges in the shooting death of Michael Brown or in the choking death of Eric Garner sparked controversy and riots. This is, of course, a challenge to the ability of the criminal justice system’s ability to resolve society’s most contentious issues. Highly contentious racial issues have long defied resolution through deliberative processes, even though the law strives to achieve outcomes that will be viewed as legitimate. Poorly defined rules of criminal procedure, however, have contributed to judicial resolutions that the public finds unsatisfactory. Our constitutional scheme for regulating police – which traces …
The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum, D. A. Telman
The Death Penalty On The Streets: What The Eighth Amendment Can Teach About Regulating Police Use Of Force, Jelani Jefferson Exum, D. A. Telman
Missouri Law Review
This Article offers punishment as another lens through which to view police force. The Supreme Court has consistently rejected arguments that the Eighth Amendment is the appropriate vehicle for dealing with excessive police force claims.5 However, reconceptualizing the use of deadly force by police officers as punishment provides a new understanding of the gravity of deadly police force and adds necessary substance to the reasonableness analysis. When police force is likened to punishment, the use of fatal force by police officers can be considered the administration of the death penalty on the streets, absent the procedural protections and focus on …
Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri
Setting The Stage For Ferguson: Housing Discrimination And Segregation In St. Louis, Rigel C. Oliveri
Missouri Law Review
The history of St. Louis is replete with discriminatory housing laws, policies, and practices: racially restrictive covenants, redlining, blockbusting and white flight, and exclusionary zoning. While these were common in virtually every part of the United States, they were particularly egregious, widespread, and pervasive in industrial Midwestern cities like Chicago, Detroit, and St. Louis – which saw a large influx of blacks migrating from the south at the close of the nineteenth century. In fact, three of the most foundational housing cases originated in St. Louis. When we look closely at these cases – not just the legal principles that …
Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii
Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii
Missouri Law Review
The decisions of St. Louis County Prosecuting Attorney Robert McCulloch during the grand jury investigation of the shooting of Michael Brown by Officer Darren Wilson in Ferguson, Missouri, have been criticized on a variety of grounds. In an article written for a Missouri Law Review symposium on the shooting and its aftermath, titled “‘No, You Stand Up’: Why Prosecutors Should Stop Hiding Behind Grand Juries,” Professor Ben Trachtenberg takes Mr. McCulloch to task for allowing the grand jury to deliberate without making a recommendation about whether charges should be filed. Professor Trachtenberg asserts that, at the close of the evidentiary …