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Articles 91 - 120 of 6284
Full-Text Articles in Law
Pluralism And Property, Gregory S. Alexander
Introduction, Sheila R. Foster, Daniel Bonilla
Introduction, Sheila R. Foster, Daniel Bonilla
Fordham Law Review
No abstract provided.
Foreword: Environmental Law At Uci, Alejandro E. Camacho, Joseph F.C. Dimento, Michael Robinson-Dorn
Foreword: Environmental Law At Uci, Alejandro E. Camacho, Joseph F.C. Dimento, Michael Robinson-Dorn
UC Irvine Law Review
No abstract provided.
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
William & Mary Environmental Law and Policy Review
No abstract provided.
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
William & Mary Environmental Law and Policy Review
No abstract provided.
Prevention And Imminence, Pre-Punishment And Actuality, Gideon Yaffe
Prevention And Imminence, Pre-Punishment And Actuality, Gideon Yaffe
San Diego Law Review
In a variety of circumstances, it is justified to harm persons, or deprive them of liberty, in order to prevent them from doing something objectionable. We see this in interactions between individuals--think of self-defense or defense of others--and we see it in large-scale interactions among groups--think of preemptive measures taken by countries against conspiring terrorists, plotting dictators, or ambitious nations. We can argue, of course, about the details. Under exactly what conditions is it justified to inflict harm or deprive someone of liberty for reasons of prevention? But in having such arguments we agree on the fundamental idea: there are …
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (Or Offending) The Constitution, Zachary M. Ista
American University Law Review
There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies. However, an apparent constitutional conflict between the Elections Clause and the Seventeenth Amendment’s vacancy-filling clause presents the question of whether such standardization could be accomplished with federal legislation, or whether it would require amending the Constitution. Applying the textual, structural, and historical approaches of constitutional …
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
East Asia Law Review
This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …
Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali
Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali
East Asia Law Review
In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai Courts' financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, it provides insight into which institution is best positioned to handle financial-related cases, discusses prospects for coordination between the two, and sets …
Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White
Rebuttal In Defense Of The Klamath Hydroelectric Settlement Agreement, Michael A. Swiger, Sharon L. White
Washington Journal of Environmental Law & Policy
This article rebuts certain assertions made by Mr. Thomas Schlosser in a recent article entitled Dewatering Trust Responsibility: The New Klamath River Hydroelectric and Restoration Agreements. The Klamath hydroelectric dams are not causing degrading fish disease conditions in the Klamath Basin. Dewatering Trust Responsibility overlooks the effects of water diversions for agriculture, pollution from pesticides and industrial operations and habitat degradation from timbering, ranching and other human activities on current Basin conditions. Under the Klamath Hydroelectric Settlement Agreement and the Federal Energy Regulatory Commission license, PacifiCorp is taking extensive measures to protect aquatic resources in the Basin prior to …
Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke
Beyond The Blaze: Strategies For Improving Forest Service Fire Suppression Policies, Aurora R. Janke
Washington Journal of Environmental Law & Policy
Current Forest Service fire management policies restrict NEPA’s application to fire suppression actions and contribute to a lack of detailed information about the effectiveness and environmental impact of suppression efforts. Decisions by the U.S. District Court for the District of Montana in the Forest Service for Environmental Ethics v. U.S. Forest Service litigation suggest that NEPA review applies to commonly used fire suppression tactics and that the Forest Service should conduct this review before fires occur. Other recent federal district court decisions and congressional concern with current fire suppression efforts support the need for NEPA review in the fire suppression …
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers Jr., Jason Derosa, Sarah Reyneveld
Washington Journal of Environmental Law & Policy
The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman
Creating An Environmental No-Man's Land: The Tenth Circuit's Departure From Environmental And Indian Law Protecting A Tribal Community's Health And Environment, Claire R. Newman
Washington Journal of Environmental Law & Policy
When Congress set aside reservations as permanent homelands for American Indian people, it intended that the reservations remain “livable environments.” When resource conflicts arise in “checkerboard” areas outside Indian reservations—where land ownership alternates between a tribe, state, the federal government and private, non-Indian landowners—disputes over regulatory jurisdiction and environmental protection intensify. Two recent Tenth Circuit opinions determining the next generation of uranium mining in the checkerboard area of the Navajo Nation, depart from the intent of environmental laws and fail to uphold federal agencies’ trust responsibilities to the Tribe. These cases illustrate the legal vulnerabilities tribal communities in checkerboard areas …
Volume 29 - Number 4: Table Of Contents
Volume 29 - Number 4: Table Of Contents
Penn State International Law Review
No abstract provided.
Secret's Out: The Ineffectiveness Of Current Trade Secret Law Structure And Protection For Global Health, Stephanie Zimmerman
Secret's Out: The Ineffectiveness Of Current Trade Secret Law Structure And Protection For Global Health, Stephanie Zimmerman
Penn State International Law Review
No abstract provided.
Concrete Control Of Constitutionality In Portugal: A Means Towards Effective Protection Of Fundamental Rights, Antonio Cortes, Teresa Violante
Concrete Control Of Constitutionality In Portugal: A Means Towards Effective Protection Of Fundamental Rights, Antonio Cortes, Teresa Violante
Penn State International Law Review
No abstract provided.
A Comparative Perspective On Direct Access To Constitutional And Supreme Courts In Africa, Asia, Europe And Latin America: Assessing Advantages For The Italian Constitutional Court, Gianluca Gentili
Penn State International Law Review
No abstract provided.
On The Mark? Big Tobacco Asserts Property Rights On Cigarette Packaging, Benjamin A. Hackman
On The Mark? Big Tobacco Asserts Property Rights On Cigarette Packaging, Benjamin A. Hackman
Penn State International Law Review
No abstract provided.
Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser
Funeral Protests, Privacy, And The Constitution: What Is Next After Phelps?, Mark Strasser
American University Law Review
In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence. The Court in Phelps explained that the First Amendment prohibits tort damages when the comments at issue involve matters of public concern, yet failed to explain whether private speech that was juxtaposed with public, …
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins
Federal Communications Law Journal
The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech
Editor's Note, Sarah L. Kellogg
Editor's Note, Sarah L. Kellogg
Federal Communications Law Journal
No abstract provided.
Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons
Putting A Price On Dirt: The Need For Better-Defined Limits On Government Fees For Use Of The Public Right-Of- Way Under Section 253 Of The Telecommunications Act Of 1996, Thomas W. Snyder, William Fitzsimmons
Federal Communications Law Journal
This Article addresses the enactment and inconsistent application of Section 253 of Telecommunications Act of 1996 ("FTA"). Most courts initially held that Section 253 imposed strong limitations on local governments seeking to charge fees to telecommunications carriers for use of the public rights-of-way ("PROW') by generally limiting the fees to management costs. Unfortunately, recent cases allowed local governments broad latitude in charging PROW fees to generate revenue, even where the fees are used to subsidize other government services. These "revenue-generating" fees are dangerous to the development of competition and the deployment of Internet services, which were the two primary goals …
Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke
Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke
Federal Communications Law Journal
In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …
Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach
Spectrum Reallocation And The National Broadband Plan, Jeffrey A. Eisenach
Federal Communications Law Journal
Of the several significant changes in United States telecommunications policy proposed by the National Broadband Plan, none are more substantial than its proposals for spectrum policy. In particular, the Plan proposes to reallocate 500 MHz of spectrum from broadcast television, mobile satellite, government and other current uses to "mobile broadband" through the use of innovative "incentive auctions" and other voluntary, market-oriented mechanisms. The Plan's spectrum proposals have the potential to be a major step forward in the decades-long, bipartisan effort to replace "command-and-control" spectrum allocation with a more flexible, dynamic and market-oriented approach. Considerable work remains to be done, however, …
A "Narrow Exception" Run Amok: How Courts Have Misconstrued Employee-Rights Laws' Exclusion Of "Policymaking" Appointees, And A Proposed Framework For Getting Back On Track, Angela Galloway
Washington Law Review
The civil rights and workplace protections afforded some government workers vary vastly nationwide because federal circuit courts disagree over how to interpret an exemption common to five landmark employment statutes. Each statute defines “employee” for its purposes to exclude politicians and certain categories of politicians’ appointees—including government employees appointed by elected officials to serve at “the policymaking level.” Neither Congress nor the United States Supreme Court has defined who belongs to the “policymaking-level” class. Consequently, lower federal courts across the country have adopted their own standards to fill the gap, creating a wide circuit split. At stake in this employment …
State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller
State Of Alaska V. Native Village Of Tanana: Enhancing Tribal Power By Affirming Concurrent Tribal Jurisdiction To Initiate Icwa Defined Child Custody Proceedings, Both Inside And Outside Of Indian Country, Heather Kendall-Miller
Alaska Law Review
This Article provides an overview of the significant cases that have defined state-tribal relations in Alaska as related to Indian child proceedings and further discusses various policies that have been implemented over time. After outlining these cases and shifting policies, the Article examines the current state of the law in Alaska with a focus on State v. Native Village of Tanana, which clarified confusion regarding the inherent jurisdiction held by federally recognized Alaska Native tribes to initiate the Indian Child Welfare Act (ICWA)-defined child custody proceedings. Finally, the Article discusses those jurisdictional questions left unresolved by Tanana to be decided …
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alaska Law Review
In Alvarado v. State, the Alaska Supreme Court declared that an impartial jury is a cross section of the community and that the community where the events at issue transpired must be represented in the jury. This decision spurred changes to jury selection procedures and the creation of Criminal Rule 18, an effort to ensure defendants from remote villages are judged by a jury representative of these rural areas. The Alaska Court of Appeals recently addressed an issue of first impression regarding the application of Criminal Rule 18. In Joseph v. State, the defendant was convicted of murdering his …
Introduction To Researching Alaska Legislative History Materials, Susan Falk
Introduction To Researching Alaska Legislative History Materials, Susan Falk
Alaska Law Review
No abstract provided.