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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.


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.


“The Internet Of Buildings”: Insurance Of Cyber Risks For Commercial Real Estate, Thomas D. Hunt Jan 2019

“The Internet Of Buildings”: Insurance Of Cyber Risks For Commercial Real Estate, Thomas D. Hunt

Oklahoma Law Review

No abstract provided.


Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy Jan 2019

Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy

Oklahoma Law Review

No abstract provided.


How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, Paul Anthony Tortorici Jan 2019

How To Raise Money: State Question 640, Revenue Bills, And The Oklahoma Supreme Court, Paul Anthony Tortorici

Oklahoma Law Review

No abstract provided.


Subdued Process: Onyx Properties Llc V. Board Of County Commissioners Of Elbert County And The Removal Of “Property” From The Due Process Clause, Alan Fonseca Jan 2019

Subdued Process: Onyx Properties Llc V. Board Of County Commissioners Of Elbert County And The Removal Of “Property” From The Due Process Clause, Alan Fonseca

Oklahoma Law Review

No abstract provided.


Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson Jan 2019

Schnedler V. Lee: Some (Re)Assembly Required, Victoria Johnson

Oklahoma Law Review

No abstract provided.


Bandimere V. Sec: Significant Authority Exists Without Finality, Abbey Zuech Jan 2019

Bandimere V. Sec: Significant Authority Exists Without Finality, Abbey Zuech

Oklahoma Law Review

No abstract provided.


Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, Victoria J. Haneman Jan 2019

Retrenchment, Temporary-Effect Legislation, And The Home Mortgage Interest Deduction, Victoria J. Haneman

Oklahoma Law Review

No abstract provided.


Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu Jan 2019

Adopting And Adjusting To The Development Of The Investor-State Dispute Settlement Mechanism In China’S Recent Bilateral Investment Treaty Negotiations With The European Union, Runyang Liu

Hastings International and Comparative Law Review

The Investor-State Dispute Settlement (ISDS) mechanism has been widely used in international treaty-making and invoked many times in crossborder dispute resolution. ISDS is a system where a foreign investor can bring claims against a host state for its discriminatory acts upon the investor. As China pursues a new level of outbound investment in the last decade, the ISDS mechanism will apply particularly in the context of investment disputes involving Chinese investors and foreign countries. This note will examine the evolution of ISDS clauses in China’s Bilateral Investment Treaties (BITs), especially with the European Union (EU), as well as these ...


Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green Jan 2019

Planetary Defense: Near-Earth Objects, Nuclear Weapons, And International Law, James A. Green

Hastings International and Comparative Law Review

The risk of a large Near-Earth Object (NEO), such as an asteroid, colliding with the Earth is low, but the consequences of that risk manifesting could be catastrophic. Recent years have witnessed an unprecedented increase in global political will in relation to NEO preparedness, following the meteoroid impact in Chelyabinsk, Russia in 2013. There also has been an increased focus amongst states on the possibility of using nuclear detonation, in particular, as a means of diverting or destroying a collision-course NEO, something that a majority of scientific opinion now appears to view as representing humanity’s best—or perhaps only ...


Masthead Jan 2019

Masthead

Hastings International and Comparative Law Review

No abstract provided.


International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku Jan 2019

International Law And The Struggle Against Government Impunity In Africa, John Mukum Mbaku

Hastings International and Comparative Law Review

In recent years, impunity has become pervasive throughout most African countries. In some African countries, impunity is due to the inability of national governments to bring perpetrators of human rights violations to account for their crimes. In others, impunity arises from the unwillingness of government to utilize the existing legal system to bring criminals, whether they are state- or non-state actors, to justice. Effectively combatting impunity in Africa must begin with the reconstruction of African States to provide democratic institutions, which are capable of adequately constraining the government and preventing civil servants and political elites from acting with impunity; and ...


New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello Jan 2019

New Punitive Damages In Mexican Law – Or The Chronicle Of A Failed Legal Transplant Foretold?, Edgardo Muñoz, Rodolfo Vázquez-Cabello

Hastings International and Comparative Law Review

In February 2014, the Supreme Court of Mexico, referring to some American cases and scholarly articles, held that punitive damages must be awarded to a tort plaintiff as part of the indemnity afforded by Mexican law under the head of moral damages (daños morales). Before this landmark decision, punitive damages were unknown to the Mexican legal system. The authors submit that the legal transplant carried out in Mexico has a few problems, which concern both the incorrect understanding of the adopted rule and the incompatibility of the host legal system. As a consequence, punitive damages, as they stand now in ...


Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber Jan 2019

Developing Policy From The Ground Up: Examining Entitlement In The Bay Area To Inform California’S Housing Policy Debates, Moira O’Neill, Giulia Gualco-Nelson, Eric Biber

Hastings Environmental Law Journal

No abstract provided.


“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani Jan 2019

“The Lord’S Work”: An Overview Of Ceqa’S Judicial Remedies And Recommendations For Reform, Michelle Ouellette, Ali Tehrani

Hastings Environmental Law Journal

No abstract provided.


Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores Jan 2019

Thirsty For Justice: The Fight For Safe Drinking Water, Debi Ores

Hastings Environmental Law Journal

No abstract provided.


Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku Jan 2019

Cultural Property, Human Rights, And Sustainable Development: The Case Of The Ancient City Of Durrës, Helga Turku

Hastings Environmental Law Journal

No abstract provided.


Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen Jan 2019

Governing Nature Conservation In Political “Hotbeds”: A Contractual Approach, Taufik Haryanto, Kai P. Purnhagen

Hastings Environmental Law Journal

No abstract provided.


Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault Jan 2019

Suction Dredging In The United States: Current Regulations And Potential Paths Forward, Colin Arsenault

Hastings Environmental Law Journal

No abstract provided.


Crop Insurance Reform In The Face Of Climate Change, Perry Elerts Jan 2019

Crop Insurance Reform In The Face Of Climate Change, Perry Elerts

Hastings Environmental Law Journal

No abstract provided.


Clearing The Air: Disincentivizing Driving And Encouraging The Use Of Public Transportation To Combat Vehicle Pollution At A State Level, Michelle Castaline Jan 2019

Clearing The Air: Disincentivizing Driving And Encouraging The Use Of Public Transportation To Combat Vehicle Pollution At A State Level, Michelle Castaline

Hastings Environmental Law Journal

No abstract provided.


Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri Dec 2018

Defining And Regulating Cryptocurrency: Fake Internet Money Or Legitimate Medium Of Exchange?, Susan Alkadri

Duke Law & Technology Review

Digitalization makes almost everything quicker, sleeker, and more efficient. Many argue cryptocurrency is the future of money and payment transfers. This paper explores how the unique nature of cryptocurrencies creates barriers to a strict application of traditional regulatory strategies. Indeed, state and federal regulators remain uncertain if and how they can regulate this cutting-edge technology. Cryptocurrency businesses face difficulty navigating the unclear regulatory landscape, and consumers frequently fall prey to misinformation. To reconcile these concerns, this paper asserts cryptocurrency functions as “currency” or “money” and should be treated as such for regulatory purposes. It also proposes each state implement a ...


Can A Global Fund Help Solve The Global Marine Plastic Debris Problem?, Karen Raubenheimer, Alistair Mcilgorm Dec 2018

Can A Global Fund Help Solve The Global Marine Plastic Debris Problem?, Karen Raubenheimer, Alistair Mcilgorm

Journal of Ocean and Coastal Economics

The problem of marine plastic debris impacts all of the world’s oceans and requires all nations to respond. However, developing States require funds to improve waste management infrastructure and services in order to reduce marine debris at source. Plastics manufacturers and retailers globally must be incentivised to design products for the environment as well as for the collection and end-of-life treatment facilities available within the intended markets. Given the oceans are a global common, we investigate the option of developing a global fund mechanism to progress the necessary actions to reduce plastic waste entering the world’s oceans. This ...


Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn Dec 2018

Ten Years Of Economic Analyses For The European Marine Strategy Framework Directive: Overview Of Experiences And Lessons Learned, Rob Van Der Veeren, Ann Kathrin Buchs, Günter Hörmandinger, Soile Oinonen, Conceição Santos, Max Vretborn

Journal of Ocean and Coastal Economics

The European Marine Strategy Framework Directive, which came into force in 2008, requires from Member States inter alia to perform various (types of) economic analyses. In order to help Member States to implement this directive, the European working group on Economic and Social Analysis was initiated in 2009. This working group has developed various guidance documents which have been very useful in helping each other to understand the Directive and its requirements, to develop one language, to understand the pros and cons of various approaches, and to share experiences. However, up until now, outside of this working group this information ...


The Future Of Freedom Of Expression Online, Evelen Mary Aswad Dec 2018

The Future Of Freedom Of Expression Online, Evelen Mary Aswad

Duke Law & Technology Review

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align ...


Standing A Chance: Does Spokeo Preclude Claims Alleging The Violation Of Certain State Data Breach Laws?, Taryn Elliott Dec 2018

Standing A Chance: Does Spokeo Preclude Claims Alleging The Violation Of Certain State Data Breach Laws?, Taryn Elliott

Seton Hall Law Review

No abstract provided.


State Regulatory Efforts In Protecting A Surrogate's Bodily Autonomy, Alexus Williams Dec 2018

State Regulatory Efforts In Protecting A Surrogate's Bodily Autonomy, Alexus Williams

Seton Hall Law Review

No abstract provided.


Reinvigorating The Perceived Potential Competition Theory: An Analysis Of The Potential Competition Doctrine And Ftc V. Steris Corp., Henry S. Klimowicz Dec 2018

Reinvigorating The Perceived Potential Competition Theory: An Analysis Of The Potential Competition Doctrine And Ftc V. Steris Corp., Henry S. Klimowicz

Seton Hall Law Review

No abstract provided.