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Full-Text Articles in Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


All Things To All People, Part One, Peter Aschenbrenner Jan 2105

All Things To All People, Part One, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Does The Second Amendment Protect Firearms Commerce?, David Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Law Of Torts In Tanzania, Mwakisiki Mwakisiki Apr 2071

Law Of Torts In Tanzania, Mwakisiki Mwakisiki

MWAKISIKI MWAKISIKI

An Essential Student Compendium Covering All Aspects of Law of Torts


Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne Apr 2018

Article-Teaching Ethics With Sports: Recent Developments, Adam Epstein, Barbara Osborne

Adam Epstein

The purpose of this article is to introduce some of the recent (since 2011) situations and incidents at various levels of sport competition. The article can be used as a springboard for further research and exploration, but our intent is to focus on ethical and legal examples that can be used in the classroom primarily for pedagogical purposes.  Using sport examples is often an engaging way to teach ethics in the context of a business or sports law course.  We divide our analysis into four major categories: Part I: addresses youth (including amateur and recreational) and interscholastic sport. Part II ...


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs Jan 2018

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...


Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt , Rebecca H. Williams Jan 2018

Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt , Rebecca H. Williams

Lisa R Pruitt

Our nation has, in recent years, become aware of the lawyer shortage afflicting rural communities, as well as associated access to justice challenges.  This short article, written for an issue of Los Angeles Lawyer Magazine dedicated to access to justice, focuses on Southern California’s rural communities. In particular, we analyze recent data on attorney distribution throughout that region to highlight the extent and details of the rural attorney shortage in eight Southern California counties.
 
We begin by introducing the demographic and socioeconomic characteristics of rural communities, including high poverty rates, remoteness from services, poor public transportation infrastructure.  Next we ...


A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz Jan 2018

A Muslim Registry: The Precursor To Internment?, Sahar F. Aziz

Sahar F. Aziz

Being political scapegoats in the indefinite ‘war on terror’ is the new normal for Muslims in America. With each federal election cycle or terrorist attack in a Western country comes a spike in Islamophobia. Candidates peddle tropes of Muslims as terrorists in campaign materials and political speeches to solicit votes. Government officials call for bold measures – extreme vetting, bans, and mass deportations – to regulate and exclude Muslim bodies from U.S. soil. The racial subtext is that Muslims in the United States are outsiders who do not belong to the political community. A case in point is the “Muslim Ban ...


Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle Jan 2018

Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer Jan 2018

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Frank J. Garcia

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Macroeconomic Modeling Of Tax Policy: A Comparison Of Current Methodologies, Itai Grinberg, Alan J. Auerbach, Thomas A. Barthold, Nicholas Bull, W. Gavin Elkins, Pamela J. Moomau, Rachel Moore, Benjamin Page, Brandon Pecoraro, Kyle Pomerleau Jan 2018

Macroeconomic Modeling Of Tax Policy: A Comparison Of Current Methodologies, Itai Grinberg, Alan J. Auerbach, Thomas A. Barthold, Nicholas Bull, W. Gavin Elkins, Pamela J. Moomau, Rachel Moore, Benjamin Page, Brandon Pecoraro, Kyle Pomerleau

Alan J. Auerbach

The macroeconomic effects of tax reform are a subject of significant discussion and controversy. In 2015, the House of Representatives adopted a new “dynamic scoring” rule requiring a point estimate within the budget window of the deficit effect due to the macroeconomic response to certain proposed tax legislation. The revenue estimates provided by the staff of the Joint Committee on Taxation (JCT) for major tax bills often play a critical role in Congressional deliberations and public discussion of those bills. The JCT has long had macroeconomic analytic capability, and in recent years, responding to Congress’ interest in macrodynamic estimates for ...


The Supreme "Courts" Of The Roman Empire, C.G. Bateman Jan 2018

The Supreme "Courts" Of The Roman Empire, C.G. Bateman

C.G. Bateman

Question
Why and how did Constantine go further than merely tolerating Christianity, and put himself at the head of their affairs and legislate Christian bishops into the position of Roman judges whose decisions were not subject to appeal? What effect did the rescript of 333 have on the meaning of the earlier edict of 318, and why is this important?[1]
 
Constantine, the Roman Emperor from 315-337, was a law-giver who first put the Christian Church in the place of primacy in the organization of the state that it only lost as recently as the seventeenth century; as such, he ...


Utah And Sports Law, Adam Epstein Jan 2018

Utah And Sports Law, Adam Epstein

Adam Epstein

The state of Utah has addressed sports law issues across a broad spectrum, far more than just ski-related. Utah cases, coupled with sport-specific statutes, shows that even a state with a relatively small population might still have to deal with legal issues that intersect sport and law. While the advent of the 2002 Winter Olympics in Salt Lake City was an exciting time for the state and, in the end, became a huge international success, along with it came accusations of criminal misconduct to get it there in the first place. Indeed, misconduct involving the judging of pairs figure skating ...


Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam Jan 2018

Supreme Court_ How The Indian Judiciary Handles The Civil Disobedience Will Determine Its Future — Quartz.Pdf, Shubhankar Dam

Shubhankar Dam

A civil disobedience is underway in the supreme court of India. It’s unique: The custodians of power are disobeying, praying to the people’s court. It has flashed a rare spotlight on the court’s inner workings—for a dismayed people to see, study, and summate. Ordinarily, judges shun the media, speak only in court, to lawyers and litigants, and through their decisions. Not this time. Four senior judges abandoned the honouredcode; they went public. What they alleged reveals disquiet in the office of the chief justice. This act will haunt India. It exposes divisions among judges, doubts the ...


The Dilemma Of The Energy Law And Policy Triangle In Recent Energy Laws And Policies In Bangladesh-Hydro-Nepal 2018.Pdf Jan 2018

The Dilemma Of The Energy Law And Policy Triangle In Recent Energy Laws And Policies In Bangladesh-Hydro-Nepal 2018.Pdf

RAISUL ISLAM SOURAV

The energy law and policy triangle are a complex area where energy law and policy are situated at the centre of a triangle and three other inalienable horns relating to this i.e. energy supply and energy security, cost relating to production of energy and environmental protection and preservation equally pull energy law and policy towards their direction. However, the energy law and policy emerge as a concern all over the world and states are taking initiative to ensure a balance among these three dilemmas. It is the reality that Bangladesh suffers severe shortage in power generation which also affects ...


Performance Isn't Everything: The Importance Of Conceptual Competence In Outcome Assessment Of Experiential Learning, Serge A. Martinez, Stefan H. Krieger Jan 2018

Performance Isn't Everything: The Importance Of Conceptual Competence In Outcome Assessment Of Experiential Learning, Serge A. Martinez, Stefan H. Krieger

Serge Martinez

This article scrutinizes—and ultimately rejects—the recommendations of the Carnegie Report for outcome assessments in experiential legal education. The Carnegie Report argues that practical education should focus on teaching students to mimic the actions of expert lawyers by encouraging students to follow expert protocols, procedures, rules, and checklists that can enable them to deal effectively with lawyering situations. To the contrary, however, an extensive body of cognitive science and neuroscienceresearch on the development of expertise questions the theoretical underpinnings of the Carnegie Report and suggests that educators should focus not on what experts are doing but on what they ...


A Tale Of Election Day 2008: Teaching Storytelling Through Repeated Experiences, Serge A. Martinez, Stefan H. Krieger Jan 2018

A Tale Of Election Day 2008: Teaching Storytelling Through Repeated Experiences, Serge A. Martinez, Stefan H. Krieger

Serge Martinez

In Part I, we describe our experience supervising our clinic students on Election Day 2008 and our observations of their learning through the repetitive experiences they had representing several clients in rapid succession. In Part II, we discuss cognitive science research into skills learning, including several necessary elements for optimal learning. In Part III, we review existing legal scholarship on teaching storytelling to lawyers and compare it with cognitive science findings. Finally, in Part IV, we apply cognitive science principles to teaching storytelling through experiential learning and describe the necessary elements for creating effective learning situations. We also suggest some ...


Using Established Medical Criteria To Define Disability: A Proposal To Amend The Americans With Disabilities Act, Serge A. Martinez, Mark A. Rothstein, W. Paul Mckinney Jan 2018

Using Established Medical Criteria To Define Disability: A Proposal To Amend The Americans With Disabilities Act, Serge A. Martinez, Mark A. Rothstein, W. Paul Mckinney

Serge Martinez

Part II of this Article traces the legislative history of the coverage provision of the ADA and of its predecessor statute, the Rehabilitation Act of 1973. It also explores the conceptual underpinnings of the statutory scheme of attempting to cover only individuals with severe disabilities. Part III analyzes the major cases involving coverage under the ADA, including the trilogy of 1999 Supreme Court cases. It traces the consequences of the Court’s decisions as reflected in the subsequent lower court decisions and their devastating effects on individuals with disabilities. Part IV contains a proposed amendment to the ADA to clarify ...


The Prisonization Of America's Public Schools, Maryam Ahranjani Jan 2018

The Prisonization Of America's Public Schools, Maryam Ahranjani

Maryam Ahranjani

Over the past generation, episodes of mass school violence in American public schools have led to the “prisonization” of schools. The problems associated with prisonization practices have been identified and well-documented in the legal literature over the past few years, and they include the school-to-prison pipeline, as well as the over-policing of vulnerable populations like students with disabilities and African-American and Latino children. This piece seeks to contribute to existing literature in two ways. While national attention has turned to the lack of rigorous research on the effectiveness of prisonization practices, and studies are underway to identify whether prisonization practices ...


What Does Immigration Status Have To Do With Law School, Maryam Ahranjani Jan 2018

What Does Immigration Status Have To Do With Law School, Maryam Ahranjani

Maryam Ahranjani

Young people who are undocumented are underrepresented in higher education in general and in law school in particular. Some states offer instate tuition and other supports for undocumented students, but more support is needed for undocumented students.


Information Privacy In The Cloud, Paul M. Schwartz Jan 2018

Information Privacy In The Cloud, Paul M. Schwartz

Paul M. Schwartz

No abstract provided.


Book Reviews, Peter Swire, Paul M. Schwartz Jan 2018

Book Reviews, Peter Swire, Paul M. Schwartz

Paul M. Schwartz

BUREAUCRATIC JUSTICE: MANAGING SOCIAL SECURITY DISABILITY CLAIMS. By Jerry L. Mashaw JUSTICE WITHOUT LAW?. By Jerold S. Auerbach


Obat Gang Jie Gho Siah Sipilis Tradisional Alami Pria Wanita, Denature Khamim Jan 2018

Obat Gang Jie Gho Siah Sipilis Tradisional Alami Pria Wanita, Denature Khamim

denature khamim

Apa Penyakit Sipilis
Obat Gang Jie Gho Siah Sipilis Ampuh Pria Wanita-Penyakit sipilis adalah salah satu penyakit menular seksual yang disebabkan oleh penularan bakteri treponema pallidum yang dapat ditularkan melalui kontak seksual secara bebas pada pria atau wanita dan dapat ditularkan juga menggunakan alat kontrasepsi secara bergantian dan suntikan anti bakteri terlalu banyak, akibatnya bakteri tersebut tidak mudah dimusnahkan oleh karena itu bisa anda obati menggunakan alternatif pengobatan sifilis yang aman serta baik untuk kesehatan.
 
Penularan bakteri sipilis tidak dapat ditularkan melalui tempat toilet umum atau wc umum karena bakteri sipilis treponema pallidum tidak dapat menular melalui tempat tersebut ...


Structural Racism: Building Upon The Insights Of John Calmore, John A. Powell Jan 2018

Structural Racism: Building Upon The Insights Of John Calmore, John A. Powell

john a. powell

No abstract provided.


The Conservative As Environmentalist: From Goldwater And The Early Reagan To The 21st Century, Daniel A. Farber Jan 2018

The Conservative As Environmentalist: From Goldwater And The Early Reagan To The 21st Century, Daniel A. Farber

Daniel A Farber

We often think of conservatives as opposed to environmental regulation. Yet it has not always been so. Conservative icons like William F. Buckley and Barry Goldwater took vigorous public stands in favor of environmental protection, as did Ronald Reagan while he was governor of California. Ronald Reagan shifted to a sharply anti-regulatory stance in the early years of his presidency, but then shifted again to a more moderate position. Reagan personally championed the international ozone agreement and signed a law to require planning for possible climate change. Even today, there are important conservative voices advocating environmental initiatives such as a ...


Is There A Right To Life For The Colorado River?, Reed D. Benson Jan 2018

Is There A Right To Life For The Colorado River?, Reed D. Benson

Reed D. Benson

A recent lawsuit, declaring the Colorado River has legal rights of its own, received national attention in the New York Times and High Country News. While the lawsuit had no chance of success, it highlighted important issues.


Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson Jan 2018

Reviewing Reservoir Operations: Can Federal Water Projects Adapt To Change?, Reed D. Benson

Reed D. Benson

This Article begins by reviewing the purposes for federal water projects, and identifies some of the trade-offs involved in operating projects for certain purposes. It then addresses the legal factors that determine or influence project operations, beginning with project authorizing statutes and ending with federal environmental laws. The Article examines Corps and Bureau policies regarding project operating plans, the reasons for agency reluctance to review and revise their plans, and some of the factors that prompt the agencies to proceed with reviews. It then summarizes periodic review requirements in two analogous contexts—federal land management plans, and hydropower project licenses ...


Courts Also Won (Albuquerque) Mayoral Election, Kevin Washburn Jan 2018

Courts Also Won (Albuquerque) Mayoral Election, Kevin Washburn

Kevin K. Washburn

In the 2017 Albuquerque mayoral election, one of the candidates sought to make the election a referendum on the New Mexico judiciary and was soundly defeated. In this respect, in addition to candidate and now Mayor-elect Time Keller, the courts also won the election.