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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 J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. 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 B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. 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.


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Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts Apr 2019

Workplace Bullying, Emotional Abuse And Harrassment In Fire Departments, John C. Griffith, Donna L. Roberts

John Griffith

Firefighters are heroes who save lives and protect property. They are highly revered in societies all around the world and perform under the most stressful of conditions. Drawing on literature from the United States (USA), this chapter reviews the culture, demographics and changing mission of the fire service as a backdrop to workplace harassment and bullying issues. The fire service has unique organizational dynamics that can lead to harassment and bullying and, at the same time, are the critical reasons for working to eliminate intentional and unintentional unfair treatment of women and minorities. Recent literature and studies show that the ...


Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed— and may continue to allow— efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. The Article then discusses the potential benefits and costs of adopting indirection in affirmative action, and describes disagreements among Justices about the value of indirection ...


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl

Shamika Dalton

*In-Press Publication


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Ketoviante Australia – Is Ketoviante Au Weight Loss Pills Scam?, Waplzomajklpa Waplzomajklpa Feb 2019

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KetoViante Australia is a new supplement that uses forskolin, garcinia cambogia, and ginseng. Today we are going over the details of this supplement. It is meant for weight loss and uses natural ingredients. Are you struggling to lose weight with just diet and exercise? This is pretty normal. A lot of people look to supplements to help them. But are they effective? How do you use supplements? We will try to answer these questions and more in the course of this review. If you are interested, but not sure if you want to try ...


Zephrofel South Africa I Am Roused With Its Official, Carolyn Foster Feb 2019

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Midat Sodom And The Housing Affordability Crisis, Michael Lewyn Feb 2019

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Ancient Jewish texts states that the city of Sodom was overthrown because of its hostility to hospitality. Today, American cities often limit new housing; is this policy analogous to midat Sodom (Hebrew for "the ways of Sodom")? What arguments justify these policies, and what counter-arguments are relevant to those arguments?


Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein Jan 2019

Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein

Sarah Burstein

No abstract provided.


66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans Jan 2019

66. Younger And Older Adults’ Lie-Detection And Credibility Judgments Of Children’S Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela D. Evans

Thomas D. Lyon

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18-30 years, N = 100) and older adults’ (66-89 years, N = 100) lie-detection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9 to 11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first two ...


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Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson Dec 2018

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Scott Dodson

Personal jurisdiction usually focuses on the rights of the defendant. That is because a plaintiff implicitly consents to personal jurisdiction in the court where the plaintiff chooses to file. But what if the defendant seeks to transfer venue to a court in a state in which the plaintiff has no contacts and never consented to personal jurisdiction? Lower courts operate on the assumption that, in both ordinary venue-transfer cases under 28 U.S.C. § 1404(a) and multidistrict-litigation cases under § 1407(a), personal-jurisdiction concerns for plaintiffs simply do not apply. I contest that assumption. Neither statute expands the statutory authorization ...


How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff Dec 2018

How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff

Michael C Duff

During the second and third decades of the twentieth century, the U. S. Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation and the National Association of Manufacturers, of European workers’ compensation systems during the first decade of the twentieth century. Some of those systems had been in existence since the 1870s and 1880s, and many employers preferred them to newly-emerging American employer liability statutes that retained ...


Taxed Out: Illegal Property Tax Assessments And The Epidemic Of Tax Foreclosures In Detroit (Forthcoming 2019), Bernadette Atuahene, Christopher Berry Dec 2018

Taxed Out: Illegal Property Tax Assessments And The Epidemic Of Tax Foreclosures In Detroit (Forthcoming 2019), Bernadette Atuahene, Christopher Berry

Bernadette Atuahene

No abstract provided.


Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean Dec 2018

Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean

Daniel Harris Brean

Patents define an inventor’s exclusive rights by reciting essential aspects of the invention in sentences called claims.  The claims are drafted in varying degrees of technical specificity, such that each claim is legally distinct—some may be valid or infringed while others are not.  Most commonly, this variation is accomplished by using a combination of “independent” and “dependent” claims. Independent claims stand alone, while dependent claims incorporate by reference all the features recited in the independent claims but go on to add further features or details.  The result is a range of potential infringing activity that triggers liability, from ...


Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston Dec 2018

Physician-Assisted Death: A Selected Annotated Bibliography, Alyssa Thurston

Alyssa Thurston

This bibliography compiles selected secondary and primary materials on physician-assisted death. Secondary sources include books, book chapters, law review and law journal articles, bibliographies, websites, and current awareness materials, and are mostly limited to publication dates of 2007-2018. Most of the included materials focus on the United States, but a number of sources also discuss other countries and one section is devoted to international experiences with physician-assisted death.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Regulating Wage Theft, Annie Smith Dec 2018

Regulating Wage Theft, Annie Smith

Annie Smith

Wage theft costs workers billions of dollars each year. At a time when the federal government is rolling back workers’ rights, it is essential to consider how state and local laws can address the problem. As this Article explains, these pernicious practices seemingly continue unabated, despite a recent wave of state and local laws to curtail wage theft. This Article provides the first comprehensive analysis of state and local anti-wage theft laws. We compiled 130 state and local anti-wage theft laws enacted over the past decade and offer an original typology of the most common anti-wage theft regulatory strategies. Our ...


The Interrogations Of Brendan Dassey, Brian Gallini Dec 2018

The Interrogations Of Brendan Dassey, Brian Gallini

Brian Gallini

On March 1, 2006, a pair of detectives interrogated sixteen-year-old Brendan Dassey—one of two defendants prominently featured in the 2015 Netflix series Making a Murderer—for several hours about his role in the October 31, 2005 disappearance of photographer Theresa Halbach. The prosecution introduced statements obtained during that interrogation at Dassey’s trial. With no corroborating physical evidence, those statements—including that Dassey cut Halbach’s throat—played a significant role in his conviction for Halbach’s murder.

Following his conviction, Dassey’s appellate arguments about the legitimacy of his confession focused on his March 1, 2006, confession. Most ...


Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen Dec 2018

Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen

Dan Danielsen

Despite significant global growth in both trade and foreign investment volumes during the past 40 years, many developing nations and their domestic firms still struggle to realize the development benefits of this economic expansion. Although the Asian Tigers—China, India and a few others—have achieved significant increases in income per capita and reductions in poverty rates, most developing countries remain woefully short of their development goals notwithstanding a major shift in the composition of developing country exports from resource-based products to manufactured goods and a significant increase in developing country manufactures as a percentage of total global manufactures. One ...


Religious Exemptions And Lgbtq Child Welfare, Jordan Woods Dec 2018

Religious Exemptions And Lgbtq Child Welfare, Jordan Woods

Jordan Blair Woods

In the wake of marriage equality, legal attention is increasingly shifting to resolving conflicts between religious liberty and LGBTQ equality. The current terms of the debate largely center on same-sex marriage, and much less attention is being paid to how religious exemptions affect LGBTQ people in situations that do not involve marriage. LGBTQ youth in the child welfare system are one example of a group that is overshadowed in this debate. Several states have recently enacted broad religious exemption laws that allow the religious or moral views of child welfare actors (for instance, child welfare agencies, caseworkers, or foster parents ...


Medical Marijuana In Arkansas: The Perils Of Poor Drafting, Carol Goforth Dec 2018

Medical Marijuana In Arkansas: The Perils Of Poor Drafting, Carol Goforth

Carol Goforth

Arkansas voters passed the Arkansas Medical Marijuana Amendment to the state constitution in late 2016.  Almost certainly, the vast majority of voters did so without reading or understanding the intricacies of the initiative, and instead voted simply to affirm their desire to permit the medical use of marijuana in the state. Among many other provisions, the amendment imposed a 120 day time limit (later extended by the Arkansas legislature to 180 days) within which the Arkansas Department of Health and other agencies were to adopt rules implementing the voter mandate.  While six months might seem like plenty of time in ...


Gambling Under The Swastika: Casinos, Horse Racing, Lotteries, And Other Forms Of Betting In Nazi Germany, Robert M. Jarvis Dec 2018

Gambling Under The Swastika: Casinos, Horse Racing, Lotteries, And Other Forms Of Betting In Nazi Germany, Robert M. Jarvis

Robert M. Jarvis

No abstract provided.


Gambling Under The Swastika: Casinos, Horse Racing, Lotteries, And Other Forms Of Betting In Nazi Germany, Robert M. Jarvis Dec 2018

Gambling Under The Swastika: Casinos, Horse Racing, Lotteries, And Other Forms Of Betting In Nazi Germany, Robert M. Jarvis

Robert M. Jarvis

No abstract provided.