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Articles 301 - 330 of 6980
Full-Text Articles in Law
Nationwide Permit 12 And Domestic Oil Pipelines: An Incompatible Relationship?, Alexander S. Arkfeld
Nationwide Permit 12 And Domestic Oil Pipelines: An Incompatible Relationship?, Alexander S. Arkfeld
Washington Law Review
As climate change’s momentum becomes increasingly more difficult to quell, environmentalists are litigating to stop oil pipeline expansion. Litigation over two recently completed oil pipelines—the Flanagan South and the Gulf Coast—illustrates the legal battle environmentalists face. Given the outcome of those cases, it may seem that environmentalists face insurmountable judicial precedent. But they are not out of options quite yet. Although no statute expressly requires the federal government to conduct environmental analysis of proposed domestic oil pipelines, two statutes—the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA)—generally work in tandem to require the U.S. Army Corps of …
Student Assistants And The Nlrb: A Call For Notice-And-Comment Rulemaking, Andrew F. Boccio
Student Assistants And The Nlrb: A Call For Notice-And-Comment Rulemaking, Andrew F. Boccio
Seton Hall Law Review
No abstract provided.
Boys Club Behind The Scenes: Using Title Vii To Remedy Gender Discrimination In Hollywood, Samira Paydar
Boys Club Behind The Scenes: Using Title Vii To Remedy Gender Discrimination In Hollywood, Samira Paydar
Seton Hall Law Review
No abstract provided.
East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa
East Asian Court Reform On Trial: Introduction To The Symposium, Setsuo Miyazawa
Washington International Law Journal
No abstract provided.
Diversification Of The Japanese Judiciary, Daniel H. Foote
Diversification Of The Japanese Judiciary, Daniel H. Foote
Washington International Law Journal
Japan has a career judiciary. The Courts Act of 1947 provides that judges may be appointed from among prosecutors, attorneys, and law professors. In practice, however, the vast majority of judges come from a fourth category, “assistant judges,” who are appointed directly upon completion of the legal training program and typically serve through retirement. This continues a career tradition that dates back to the late nineteenth century. For nearly that long, the Japanese bar has been advocating that the career system should be abolished and that a substantial portion of the judiciary, if not all judges, should be drawn from …
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su
Criminal Court Reform In Taiwan: A Case Of Fragmented Reform In A Not-Fragmented Court System, Kai-Ping Su
Washington International Law Journal
This Article examines the character of Taiwan’s criminal court system and proposed court reforms. Taiwan’s criminal court is a not-fragmented system, distinct from the fragmented American criminal court. In fact, with hierarchical control in prosecutorial rulings and central administration of judicial decision-making, Taiwan’s criminal court system can be deemed a relatively centralized and bureaucratic organization. Given this context, when Taiwan’s criminal justice system disappoints the people, judges take the blame for the failures of the system. To resolve the serious problem of public distrust in judges and the court system, Taiwan’s government and the judicial authority make “responding to expectations …
Informal Constitutional Change, Oran Doyle
Informal Constitutional Change, Oran Doyle
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier
Quasi-Constitutional Change Without Intent—A Response To Richard Albert, Reijer Passchier
Buffalo Law Review
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017).
Fake News: No One Is Liable, And That Is A Problem, Emma M. Savino
Fake News: No One Is Liable, And That Is A Problem, Emma M. Savino
Buffalo Law Review
No abstract provided.
Mineral Royalties: Historical Uses And Justifications, Jayni Foley Hein, Caroline Cecot
Mineral Royalties: Historical Uses And Justifications, Jayni Foley Hein, Caroline Cecot
Duke Environmental Law & Policy Forum
Governments and private landowners have collected royalties on mineral resources for centuries. When comprehensive measures to account for the environmental externalities of mineral extraction are politically or practically unavailable, federal and state governments may consider adjusting royalty rates as an expedient way to account for these externalities and benefit society. One key policy question that has not received attention, however, is whether a royalty rate can and should be manipulated in this way, assuming statutory discretion to do so. This article fills that gap by evaluating the argument for increasing federal or state fossil fuel royalty rates through historical, theoretical, …
Whether Ancillary Regulatory Burdens Imposed By The Clean Power Plan Unconstitutionally Commandeer The States, Zachary Hennessee
Whether Ancillary Regulatory Burdens Imposed By The Clean Power Plan Unconstitutionally Commandeer The States, Zachary Hennessee
Duke Environmental Law & Policy Forum
No abstract provided.
What Does This Mean? Examining Legislative Ambiguities In The Cybersecurity Act Of 2015 And The Potential For A Future Circuit Split On Interpretation, Sarah E. Hsu Wilbur
What Does This Mean? Examining Legislative Ambiguities In The Cybersecurity Act Of 2015 And The Potential For A Future Circuit Split On Interpretation, Sarah E. Hsu Wilbur
Seton Hall Law Review
No abstract provided.
Business Associations, Edward P. Bonapfel, E. Bowen Reichert Shoemaker
Business Associations, Edward P. Bonapfel, E. Bowen Reichert Shoemaker
Mercer Law Review
This Article surveys notable cases in the areas of corporate, limited-liability company (LLC), partnership, agency, and joint-venture law decided between June 1, 2016 and May 31, 2017 by the Georgia Supreme Court, the Georgia Court of Appeals, and the United States district courts in Georgia.
Pernicious P-Values: Statistical Proof Of Not Very Much, Kingsley R. Browne
Pernicious P-Values: Statistical Proof Of Not Very Much, Kingsley R. Browne
University of Dayton Law Review
No abstract provided.
Doctrinal Evolution And The Living Constitution, Eliot T. Tracz
Doctrinal Evolution And The Living Constitution, Eliot T. Tracz
University of Dayton Law Review
No abstract provided.
The Private Search Doctrine And Electronic Evidence: A New Approach To Tailor The Fourth Amendment Exception In The Context Of Personal Computers, Carly M. Sherman
The Private Search Doctrine And Electronic Evidence: A New Approach To Tailor The Fourth Amendment Exception In The Context Of Personal Computers, Carly M. Sherman
University of Dayton Law Review
No abstract provided.
Citizens Nowhere: The Anomaly Of American Samoans' Citizenship Status After Tuaua V. United States, Elizabeth K. Watson
Citizens Nowhere: The Anomaly Of American Samoans' Citizenship Status After Tuaua V. United States, Elizabeth K. Watson
University of Dayton Law Review
No abstract provided.
Sharing The Sky: Regulating Unmanned Aircraft In American Airspace Via Cooperative Federalism, Jonathan M. Zalewski
Sharing The Sky: Regulating Unmanned Aircraft In American Airspace Via Cooperative Federalism, Jonathan M. Zalewski
University of Dayton Law Review
No abstract provided.
Contents, North Carolina Law Review
More Restrictive Alternatives, Michael Coenen
More Restrictive Alternatives, Michael Coenen
North Carolina Law Review
Courts often fault governments for pursuing their regulatory interests in an unnecessarily restrictive manner. Indeed, and as is well appreciated by courts, litigants, and scholars alike, the availability of a “less restrictive alternative” will often spell the doom of a constitutionally suspect law. Sometimes, however, this logic gets flipped on its head, with courts faulting governments for failing to utilize alternatives that are more restrictive rather than less. This Article collects examples of what it calls “more restrictive means” analysis in U.S. constitutional law and attempts to make sense of its analytical underpinnings. Specifically, the Article suggests that courts invoke …
Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk
Examining The Evolution Of Legal Precedent Through Citation Network Analysis, Iain Carmichael, James Wudel, Michael Kim, James Jushchuk
North Carolina Law Review
No abstract provided.
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
"Nay" To Forced Pooling: The Stagnation Of West Virginia's Natural Gas Industry, Zachary H. Warder
West Virginia Law Review
No abstract provided.
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal
West Virginia Law Review
The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them. Taking this conception …
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
San Diego Law Review
[B]lockchain technology provides a cryptographically secure and transparent method for transferring “digital assets.” Although blockchain technology is most commonly recognized as the technology that underpins virtual currencies, such as Bitcoin, it may also hold the key to facilitating secure online elections in America. To preface the need for blockchain voting, Part II addresses the current problems with voting in the United States. Part III provides an elementary explanation of blockchain. Parts IV and V outline current election laws and explain how implementing blockchain voting would very likely comply with these laws. Transitioning to a new voting system, however, does not …
The Road To Autonomy, Michelle Sellwood
The Road To Autonomy, Michelle Sellwood
San Diego Law Review
[T]his Comment discusses the background of AI and robotics, the technology behind the autonomous vehicle, and the evolution of products liability laws. Part III examines current regulations, the benefits of autonomous technology, and the need for a definitive liability framework. Part IV discusses why current tort liability laws will be ineffective in governing autonomous vehicle liability by examining the shift in liability from the driver to the owner and manufacturer. Part V proposes a short-term solution by attributing liability to the programmer, while software is still hard-coded. Finally, Part VI explores legal personhood, and proposes that the autonomous vehicle be …
Safeguarding Washington's Trade Secrets: Protecting Businesses From Public Records Requests, John Delaney
Safeguarding Washington's Trade Secrets: Protecting Businesses From Public Records Requests, John Delaney
Washington Law Review
Lawmakers constantly balance competing interests. They decide where to draw lines so that societal goals are accomplished without ignoring the needs of those who will be affected by their choices. The Washington State Legislature is now in the process of addressing the line between government transparency and the protection of private companies’ trade secrets. Companies who provide technology to the federal government are susceptible to losing their trade secrets through a public records request. The Washington State Legislature is currently reviewing the trade secret exception to the Public Records Act to ensure it is continuing to protect companies from losing …
Welfare And Federalism's Peril, Andrew Hammond
Welfare And Federalism's Peril, Andrew Hammond
Washington Law Review
Recent scholarship on American federalism lacks case studies to inform that scholarship’s trans-substantive insights and claims. This Article examines the last two decades of devolution brought about by the 1996 Welfare Reform Act (PRWORA). It details the history of PRWORA and how the funding mechanism built into Temporary Assistance for Needy Families (TANF)—the TANF block grant—guaranteed the program’s deterioration. The Article documents the program’s failure to respond to increased need among poor families after Hurricane Katrina and in the Great Recession, showing how the federal government’s use of TANF in both crises teach us the limits of fiscally devolved programs. …
Board Of Editors - Vol. 47, No. 4 2017
Google V. Commissioner: A Comparison Of European Union And United States Antitrust Law, Travis Clark
Google V. Commissioner: A Comparison Of European Union And United States Antitrust Law, Travis Clark
Seton Hall Law Review
No abstract provided.
The Cuban Adjustment Act In The Wake Of The United States’ Restored Diplomatic Relations With Cuba, Claudia Lorenzo
The Cuban Adjustment Act In The Wake Of The United States’ Restored Diplomatic Relations With Cuba, Claudia Lorenzo
Seton Hall Law Review
No abstract provided.