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Full-Text Articles in Law
The Application Of The Endangered Species Act To The Protection Of Freshwater Mussels: A Case Study, Eric Biber
The Application Of The Endangered Species Act To The Protection Of Freshwater Mussels: A Case Study, Eric Biber
Eric Biber
The success or failure of the 1973 Endangered Species Act in protecting freshwater mussels, which constitute a substantial portion of the species listed as threatened or endangered in the US, is examined. Current human threats to the survival of mussel species are reviewed, as are tools provided by the Act that might be used to protect and restore them. While the Act has prevented the extinction of most species of freshwater mussels, many remain critically endangered and declining. The inability of the statute to provide for freshwater mussel species recovery is attributed to the near-impossibility of recovering a species after …
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
The Rule Of Law And The Litigation Process: The Paradox Of Losing By Winning, Catherine Albiston
Catherine R. Albiston
This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their …
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele
Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele
Richard J. Peltz-Steele
This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …