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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


The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer Apr 2018

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


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 ...


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 ...


Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan Dec 2017

Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan

Erin Ryan

This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products.  With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power.  China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest.
 
In 2011, in the midst of this maelstrom, I brought my husband ...


Should The Rules Committees Have An Amicus Role?, Scott Dodson Dec 2017

Should The Rules Committees Have An Amicus Role?, Scott Dodson

Scott Dodson

Despite its formal status as promulgator of federal-court rules of practice and procedure, the Supreme Court is a suboptimal rule interpreter, as recent groundbreaking but flawed rules decisions illustrate. Scholars have proposed abstention mechanisms to constrain the Court in certain rule-interpretation contexts, but these mechanisms disable the Court from performing its core adjudicatory functions of dispute resolution and law interpretation. This article urges a different solution: bring the rulemakers to the Court. It argues that the Rules Committees—those bodies primarily responsible for studying the rules and drafting rule amendments—should take up a modest amicus practice in rules cases ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival Dec 2017

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work.  Now climate change is challenging this model.  It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Active Judging And Access To Justice.Pdf, Anna E. Carpenter Dec 2017

Active Judging And Access To Justice.Pdf, Anna E. Carpenter

Anna E. Carpenter

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts.  Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about active judging.  In response, this Article contributes new data and a new theoretical framework: the three dimensions of active judging.  These dimensions capture a judge’s role in adjusting procedures, explaining law ...


What Conflict Minerals Rules Tell Us About The Legal Transplantation Of Corporate Social Responsibility Standards Without The State: From The United Nations To The United States To Taiwan, Chang-Hsien (Robert) Tsai, Yen-Nung Wu Dec 2017

What Conflict Minerals Rules Tell Us About The Legal Transplantation Of Corporate Social Responsibility Standards Without The State: From The United Nations To The United States To Taiwan, Chang-Hsien (Robert) Tsai, Yen-Nung Wu

Chang-hsien (Robert) TSAI


To resolve global political and scholarly concerns over conflict minerals (“CM”) produced in the Democratic Republic of the Congo and neighboring regions, two kinds of CM-related disclosure rules (or “CM rules”) come into play in regulating their use: government-mandated laws such as Section 1502 of the Dodd-Frank Act in the United States (hereinafter “Sec. 1502”) and transnational voluntary codes such as the Electronic Industry Citizenship Coalition (“EICC”) Code of Conduct. The creation of both of these CM rules could be attributed to the promotion of such concerns by the United Nations. This article is the first attempt to unpack and ...


Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones Dec 2017

Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones

Brian Christopher Jones

Champions of constitutions and bills of rights regularly portray them as possessing significant, sometimes mysterious, powers. One characterisation is that newly implemented constitutions may invigorate a democracy, particularly at the ballot box. This article challenges that notion. In particular, it examines a number of jurisdictions that have recently implemented constitutions and bill of rights, finding that in many of them, voter turnout decreased after passage, sometimes significantly. As the argument for a codified British constitution endures, the findings of this paper provide provisional evidence that those advocating for such a device should be wary of touting its potentially invigorating democratic ...


Private Law Exceptionalism? Part Ii: A Basic Difficulty With The Argument From Formal Equality, Avihay Dorfman Dec 2017

Private Law Exceptionalism? Part Ii: A Basic Difficulty With The Argument From Formal Equality, Avihay Dorfman

Avihay Dorfman

Contemporary discussions of private law theory often assume that parties in a private law interaction can relate as equals if, and only if, equality is cast in terms of formal equality (sometimes called transactional equality).  I devote these pages to refute this conceptual view, showing that it does not draw correctly the map of the logical space in which conceptions of private law equality are located.  Negatively, I argue that the formal conception of equality, most comprehensively defended by certain influential corrective justice theories, does not exhaust this space.  Affirmatively, I argue that this space provides room for at least ...


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll Dec 2017

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


Evaluating Corporate Speech About Science, Shannon Roesler Dec 2017

Evaluating Corporate Speech About Science, Shannon Roesler

Shannon Roesler

How should courts evaluate the truth or falsity of corporate speech about science? This question is critical to antifraud actions like the ongoing state investigations into whether ExxonMobil misrepresented scientific knowledge regarding global climate change. ExxonMobil claims that these investigations chill scientific inquiry and burden speech on a matter of public concern in violation of the First Amendment. Of course, the notion that scientific progress depends on the free exchange of ideas is uncontroversial. But although the free-market approach to scientific discourse has firm foundations, this Article suggests that it is a misguided approach to the question of when corporate ...


Contingent Judicial Deference: Theory And Application To Usury Laws, Bernardo Guimarães, Bruno Meyerhof Salama Dec 2017

Contingent Judicial Deference: Theory And Application To Usury Laws, Bernardo Guimarães, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Legislation is less likely to be enforced when courts disagree with it. Building on this premise, we propose a model of Bayesian adjudicators that use their own prior knowledge to evaluate the appropriateness of legislation. The model yields a non-monotonic relation between written rules and effectively enforced rules. Hence the enactment of legislation prohibiting something raises the probability that courts will allow related things not expressly forbidden. Moreover, legal uncertainty is greater with legislation that commands little deference from courts than with legislation that commands none. We discuss examples of e§ects of legislated prohibitions (and, in particular, usury laws ...


Personal Jurisdiction And Aliens, Scott Dodson, William Dodge Dec 2017

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge

Scott Dodson

The increasing prevalence of noncitizens in U.S. civil litigation raises a fundamental question for the doctrine of personal jurisdiction: how should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal jurisdiction, in cases like Bristol-Myers Squibb v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of alienage personal jurisdiction. Under this theory, alienage status broadens the geographic range for minimum contacts from a single state to the whole nation. This ...


Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel Dec 2017

Civil Asset Forfeiture Abuse: Can State Legislation Solve The Problem?, David Pimentel

David Pimentel

Civil asset forfeiture is an extraordinarily powerful tool for law enforcement, allowing the seizure of assets without proof of wrongdoing, and with few safeguards in place to protect innocent owners. The incentives to overreach are powerful as police are usually able to keep whatever they seize for their own use. Federal reform in 2000 was largely ineffective to rein in the abuses, and with public outrage against the practice rising, states are starting to weigh in with reforms of their own. But this is a complex area of law, and the financial incentives to perpetuate it are powerful. Accordingly, many ...


Forward, Curtis E.A. Karnow Dec 2017

Forward, Curtis E.A. Karnow

Curtis E.A. Karnow

This Forward to a new book on artificial intelligence (AI) and the law begins by describing how law changes over time. It explains how technological development and economic investment influence these changes as judges are compelled to choose analogies from precedent. The Forward summarizes recent developments in self-teaching systems and outlines some of the legal issues AI is likely to pose.


Religious Belief And The Queer Classroom.Pdf, Donn Short Dec 2017

Religious Belief And The Queer Classroom.Pdf, Donn Short

Donn Short

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This study examines the influence of religious affiliation on lesbian, gay, bisexual, trans, two
spirit, queer, and questioning (LGBTQ)-inclusive practices. Using data from a national survey of
educators from pre-kindergarten to grade 12, multivariate analyses of variance models were
employed in order to test the effects of religious affiliation on several LGBTQ-inclusive outcome
measures. Results show that religious affiliation does have a significant impact on the likelihood
that educators will (or will not) practice LGBTQ-inclusive education, however, the pathways to
such practices vary considerably ...


Digg, Debra Moss Curtis Dec 2017

Digg, Debra Moss Curtis

Debra Moss Curtis

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Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod Dec 2017

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod

Adam MacLeod

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligation upon private persons and government officials. On the other side of the divide, scholars of law and jurisprudence have generally proceeded, since at least the rise of English positivism in the nineteenth century and the American legal realist movement in the early twentieth, as if the concept of vested right has little real meaning. This article attempts to ...


The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer Dec 2017

The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer

Matthew Rimmer

3D printing is a process of making physical objects from three-dimensional digital models. 3D printing is a form of additive manufacturing – rather than a traditional form of subtractive manufacturing. 3D printing is a disruptive technology, which promises to transform art and design, science and manufacturing, and the digital economy.

The Minister for Industry, Innovation and Science, the Hon. Christopher Pyne, has highlighted the key role of 3D printing for manufacturing and material science in Australia: ‘Manufacturing remains a key driver in our economy, but as the industrial landscape changes, the sector needs to transition to more innovative and economically viable ...


The Jewish Family – Between Family Law And Contract Law, Yehezkel Margalit Dec 2017

The Jewish Family – Between Family Law And Contract Law, Yehezkel Margalit

Hezi Margalit

Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It explores, through interdisciplinary research combining the legal aspects of family law and contract law, how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on ...


Income Tax Concerns With Purpose Trusts, Thomas E. Simmons Dec 2017

Income Tax Concerns With Purpose Trusts, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.