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Articles 1 - 30 of 42426

Full-Text Articles in Law

Can A Politician Block You On Social Media?, Alan E. Garfield Jul 2109

Can A Politician Block You On Social Media?, Alan E. Garfield

Alan E Garfield

No abstract provided.


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 ...


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


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Jual Obat Vitalitas Viagra Di Bali Cod 082167654444, Rt Satu

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Jual Obat Aborsi Malang 082242266717 Toko Obat Aborsi Di Malang, Acep Shop Nov 2019

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Agency Reasons At The Intersection Of Expertise And Presidential Preferences (Forthcoming September 2019), Shannon Roesler Aug 2019

Agency Reasons At The Intersection Of Expertise And Presidential Preferences (Forthcoming September 2019), Shannon Roesler

Shannon Roesler

No abstract provided.


Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin Aug 2019

Panel 2: Age And…: Intersectional Discrimination Against Older Workers, Lauren Edelman, Daniel B. Kohrman, Joanna Lahey, Joanne Song Mclaughlin

Lauren Edelman

No abstract provided.


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher Aug 2019

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Holly Doremus

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...


Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus Aug 2019

Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus

Holly Doremus

Dealing with uncertainty is widely recognized as the key challenge for environmental and natural resource decisionmaking. Too often, though, that challenge is considered only from an ex ante perspective which treats uncertainty as an invariant feature that must be accounted for but cannot be changed. With respect to many natural resource management decisions, that picture is misleading. Decisions are often iterative or similar, providing significant opportunities for leaming. Where such opportunities are available and inaction is not feasible or desirable, learning while doing can provide the benefits of both the precautionary principle and scientific decisionmaking while minimizing the key weaknesses ...


Takings And Transitions, Holly Doremus Aug 2019

Takings And Transitions, Holly Doremus

Holly Doremus

This article explores the inconsistent doctrines advanced by the courts in determining regulatory takings cases. Given the current nature of this area of the law, the author proposes an alternative test to apply in takings cases to provide more straight-forward treatment. That test would encompass four factors: 1) the justification for regulatory change; 2) the extent to which change was foreseeable in advance, and the ability of the landowner to adapt to that change; 3) the abruptness of the change; and 4) the generality of its application. Since regulatory takings claims are entirely about change, the author argues that the ...


Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper Aug 2019

Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper

Jesse H Choper

No abstract provided.


The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross Aug 2019

The Political Process, Equal Protection, And Substantive Due Process, Jesse H. Choper, Stephen F. Ross

Jesse H Choper

In its landmark decision in Carolene Products, the Supreme Court crafted a uniquely American solution to the counter-majoritarian dilemma present in any constitutional democracy: when unelected judges should substantively review policy choices made by elected legislators and executives. The political process theory underlying that decision is that a court with a history of decisions based onjudicial ideology should limit close review of government actions to three situations: (1) when the action contravenes a specific provision of the Bill of Rights, (2) when the action threatens to improperly limit the political process, or (3) with regard to the broadly worded Due ...


The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper Aug 2019

The Constitutionality Of Affirmative Action: Views From The Supreme Court, Jesse H. Choper

Jesse H Choper

No abstract provided.


Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper Aug 2019

Congressional Power To Expand Judicial Definitions Of The Substantive Terms Of The Civil War Amendments, Jesse H. Choper

Jesse H Choper

No abstract provided.


Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper Aug 2019

Bill Lockhart--Colleague, Mentor, Friend, Jesse H. Choper

Jesse H Choper

No abstract provided.


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Aug 2019

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Jesse H Choper

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...


Federalism And Judicial Review: An Update, Jesse H. Choper Aug 2019

Federalism And Judicial Review: An Update, Jesse H. Choper

Jesse H Choper

This Commentary argues that the Court decided New York v. United States incorrectly. The Court failed to take into account both the highly pragmatic nature of federal-state questions and the extent to which state interests are represented in the national political process. The Court, instead, should have followed the author's "Federalism Proposal" whereby all issues of federalism arising under the Tenth Amendment are deemed non-justiciable and are left to the political branches for resolution. This Commentary illustrates the shortcomings of the New York approach in the context of national health care regulation.


Securities Law Research Presentation, Adeen Postar Aug 2019

Securities Law Research Presentation, Adeen Postar

Adeen Postar

This research guide is a powerpoint presentation on primary and secondary sources used for securities law research. It also identifies government websites and tips for conducting securities law research.


Securities Law Research Guide, Adeen Postar Aug 2019

Securities Law Research Guide, Adeen Postar

Adeen Postar

No abstract provided.


Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar Aug 2019

Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar

Adeen Postar

No abstract provided.


Securities Law Research, Adeen Postar Aug 2019

Securities Law Research, Adeen Postar

Adeen Postar

This research guide provides an overview of resources and search strategies for researching Securities Law: primary and secondary materials, specialized databases, and government websites. It also identifies sources for researching case law.


Getting Your Paper Published, Adeen Postar Aug 2019

Getting Your Paper Published, Adeen Postar

Adeen Postar

No abstract provided.


Researching And Compiling Federal Legislative History, Adeen Postar Aug 2019

Researching And Compiling Federal Legislative History, Adeen Postar

Adeen Postar

This research guide is a powerpoint presentation that defines federal legislative history and its uses, as well as provides an overview of the federal legislative process. It also identifies the documents used to compile a federal legislative history and the sources for obtaining those documents.


Commercial Law Information Resources, Adeen Postar Aug 2019

Commercial Law Information Resources, Adeen Postar

Adeen Postar

No abstract provided.


Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar Aug 2019

Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar

Adeen Postar

Leonard Orland is the Oliver Ellsworth Professor of Law at the University of Connecticut. He has written a fine, if a bit unwieldy, book that traces the sad history of money and other assets deposited in supposedly sacrosanct Swiss banks by European Jews during the Nazi era to its long overdue resolution by the American justice system. The book provides background and perspective on how and why the $12.1 billion in pre-war dollars (about $250 trillion today) of financial assets of Holocaust victims disappeared into thin air in the years following World War II. These assets were given over ...


Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar Aug 2019

Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar

Adeen Postar

No abstract provided.


A Guide To Publishing Papers, Adeen Postar Aug 2019

A Guide To Publishing Papers, Adeen Postar

Adeen Postar

No abstract provided.


Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie Aug 2019

Workplace Sexual Harassment: Assessing The Effectiveness Of Human Rights Law In Canada, Bethany Hastie

Bethany Hastie

This report analyzes substantive decisions on the merits concerning workplace sexual harassment at each of the BC and Ontario Human Rights Tribunals from 2000-2018, with a view to identifying how the law of sexual harassment is understood, interpreted and applied by the Tribunals’ adjudicators. In particular, this report examines whether, and to what extent, gender-based stereotypes and myths known to occur in criminal justice proceedings arise in the human rights context.

This report examines substantive decisions on the merits for claims of workplace sexual harassment from 2000-2018 in BC and Ontario. The limitation to substantive decisions allows for a greater ...