Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (7)
- International Law (5)
- Administrative Law (4)
- Constitutional Law (3)
- Law and Race (3)
-
- Natural Resources Law (3)
- Water Law (3)
- Arts and Humanities (2)
- Consumer Protection Law (2)
- Health Law and Policy (2)
- Law and Politics (2)
- Law and Society (2)
- Legal Education (2)
- African American Studies (1)
- African Languages and Societies (1)
- Animal Law (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Energy and Utilities Law (1)
- Family Law (1)
- International Humanitarian Law (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Legal Profession (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Military, War, and Peace (1)
- Race, Ethnicity and Post-Colonial Studies (1)
- Rule of Law (1)
- Keyword
-
- Climate change (4)
- Coastal Zone Management Act (2)
- Equal footing doctrine (2)
- International Law (2)
- Legal education (2)
-
- REDD (2)
- Water federalism (2)
- Additionality (1)
- Apartheid (1)
- Autopoiesis (1)
- CZMA (1)
- Carbon (1)
- Carbon credits (1)
- Chattahoochee River (1)
- Child Abuse (1)
- Climate Legislation (1)
- Climate justice (1)
- Climate justice movement (1)
- Clinical legal education (1)
- Deforestation (1)
- Deregulation (1)
- Desert Lands Act (1)
- Domestic energy policy (1)
- Domestic energy sector (1)
- EMTALA (1)
- Emergency Medical Treatment and Active Labor Act (1)
- Energy policy (1)
- Energy security (1)
- Environmental justice (1)
- Environmental law (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin
Ghana Journey: Private Investment, Public Funding, And Domestic Reform, Ronald C. Griffin
Journal Publications
Some folks are good. But man is evil. He is driven by impulses, avarice, reason, scholarship, and barbarism. Ghana's history affirms some of the social and philosophical claims about man and evil. A scholarly narrative about American economic life, trenched in Ghana like an overlay, will unveil bits about big businesses, small businesses, and doing business in Ghana.
The Journey Toward Excellence In Clinical Legal Education: Developing, Utilizing And Evaluating Methodologies For Determining And Assessing The Effectiveness Of Student Learning Outcomes, Ann Marie Cavazos
Journal Publications
This Article proposes pedagogy and methodology for the assessment of student learning outcomes in a Model Clinic Program, intended to accomplish the clinic's goal of preparing students for the practice of law. The Clinic Model emphasizes apprenticeship methodology and assessment pedagogy to ensure that students are learning and developing the legal skill sets that they are expected to learn. In this Article, the Author will depict the Clinic Model in the present tense to illustrate a working, not just a theoretical, model.
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Framing Water Policy In A Carbon Affected And Carbon Constrained Environment, Robert H. Abrams, Noah D. Hall
Journal Publications
Climate change driven by greenhouse gas emissions is substantially altering water availability while increasing water demand. Shifts in domestic energy policy and production, while needed to confront the challenge of climate change, may further stress the nation's water resources. These changes and new demands will be most severe in regions that are already experiencing water stresses and conflicts. This article examines the extent of the changes in water supply and demand by assessing how water conflicts will be addressed in the four overarching water use categories: water for population security, water for ecological security, water for energy security, and water …
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate
Journal Publications
The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …
Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate
Nepa, National Security, And Ocean Noise: The Past, Present, And Future Of Regulating The Impact Of Navy Sonar On Marine Mammals, Randall S. Abate
Journal Publications
or several decades, and in a variety of contexts, national security and environmental protection interests have clashed. Balancing these competing concerns is a challenging task. However, in the wake of the tragic events of September 11, 2001, the U.S. government “drastically changed its approach to how it handled important environmental concerns in relation to national
defense issues."
The most common manifestation of the tensions between national security and environmental protection objectives is the Navy’s use of sonar in U.S. waters. The oceans that surround the United States on both coasts provide the U.S. Navy with an indispensable buffer zone in …
The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell
The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell
Journal Publications
These brief comments, delivered as part of the 5th Annual Fred Gray Sr. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009, do not challenge whether law schools and the profession sufficiently make the case for public service and commitment to societal good; admittedly most existing standards and curricula do. Rather, these comments address the opportunity for legal education to tap, and expand on, a heightened psychological and emotional commitment that might be engendered in law students following the election of Barack Obama as President of the United States.
Obama Effect: A Pipeline Issue, A Felicia Epps
Obama Effect: A Pipeline Issue, A Felicia Epps
Journal Publications
The law allows schools to strive for a "critical mass" of minority students. As law schools are already required to demonstrate a commitment to diversity, they must take steps to ensure that the pool of qualified candidates for positions in the academy expands instead of contracts. President Obama can have an impact on this process by taking steps to improve our educational system, encouraging students to make the most of their educations, and increasing the availability of higher education for all students. African Americans will then have access and ability to succeed in their academic pursuits. As a result, more …
Domesticating International Law Through Truth And Reconciliation Commissions: The Case Of The Liberian Trc, Jeremy I. Levitt
Domesticating International Law Through Truth And Reconciliation Commissions: The Case Of The Liberian Trc, Jeremy I. Levitt
Journal Publications
African states actively domesticate international law through judicial capacity-building in, for example, Botswana’s Industrial Court’s use of the Convention for Elimination of All Forms of Discrimination Against Women (CEDAW) and International Labor Organization conventions in the Moatswi v. Fencing Center case; Chief Justice of the Supreme Court of Ghana’s creation of the Human Rights Division of the Ghana High Court; and the institution of a sexual crimes division—Liberia’s Court ‘‘E’’—by the Liberian legislature. Moreover, high courts in Africa have demonstrated their willingness to adjudicate cases using regional and international law. For instance, in Kaunda v. President of the Republic of …
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate
Journal Publications
Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed …
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
Journal Publications
No abstract provided.
A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr
A Critical Consideration Of Executive Orders: Glimmerings Of Autopoiesis In The Executive Role, John C. Duncan Jr
Journal Publications
The United States Constitution is a parsimonious document, meant to retain the dynamic processes of the three branches of government within their respective spheres and overarching principles, beyond which it offers the latitude necessary for the developing nation to adapt to future contingencies. The Congress and the President are the governing institutions of two of those branches, to which agility is essential as a matter of survival. The most agile tool that the President has is the executive order. There is no statutory authority for the federal executive order or any other source that describes its legal effect, as such, …
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant
The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant
Journal Publications
No abstract provided.
What The Financial Services Industry Puts Together Let No Person Put Asunder: How The Gramm-Leach-Bliley Act Contributed To The 2008 - 2009 American Capital Markets Crisis, Joseph Karl Grant
What The Financial Services Industry Puts Together Let No Person Put Asunder: How The Gramm-Leach-Bliley Act Contributed To The 2008 - 2009 American Capital Markets Crisis, Joseph Karl Grant
Journal Publications
The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particular factor fully accounts for why the American economy suffered setbacks unseen since the Great Depression of the 1930s. Some of the roots of the current financial crisis started taking hold in 1999 when Congress passed the Financial Services Modernization Act, also known as the Gramm-Leach-Bliley Act. Gramm-Leach-Bliley brought about sweeping deregulation to the financial services industry. In essence, Gramm -Leach-Bliley swept away almost six decades of financial services regulation precipitated by the Great Depression …
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert Abrams
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert Abrams
Journal Publications
Conflicts over water allocation have, become a national topic, rather than a regional one confined to the West. Increased water use and projections for further increased demand are combining with the decline of stationarity to underscore the importance of having sound water management policies and a coherent plan for water allocation at the ready and capable of implementation. Historically, and in an earlier era of water federalism, the state police power was acknowledged as the proper locus for making water law and policy.
In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, …
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice, Jeremy I. Levitt
Un Peacekeeping: A Sheep In Wolves Clothing? Review Of Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice, Jeremy I. Levitt
Journal Publications
Scholars and practitioners have been debating the legal and operational aspects of UN military operations since its enforcement actions in North Korea in 1950 and the Congo in 1960 (UN Operation in the Congo [ONUC]). Since then, the UN Security Council (UNSC) has authorized some semblance of enforcement action in Kuwait, Somalia, the former Yugoslavia, Kosovo, East Timor and Albania, and authorized, sanctioned or co-deployed forces in Liberia, Sierra Leone, the Central African Republic, the Democratic Republic of the Congo, Coˆte d’Ivoire and Sudan. The scholarly literature is abundant with analysis of nearly every aspect of peacekeeping and peace enforcement …
Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Childhood Obesity As Child Abuse, Cheryl Page
Journal Publications
With all of the mudslinging that is taking place in the current healthcare debate, very few proponents and opponents seem to be addressing the elephant in the room-obesity. Childhood obesity, specifically, is rising at an alarming rate. "The prevalence of obesity (BMI 30) continues to be a health concern for adults, children and adolescents in the United States." Sadly, the rate of adult obesity is increasing almost as dramatically as that of childhood obesity. Based on the National Health and Nutrition Examination Survey (NHANES) study, in the combined years of 2003-2006, of children between the ages of two and nineteen, …
Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith
Screen, Stabilize, And Ship: Emtala, U.S. Hospitals, And Undocumented Immigrants (International Patient Dumping), Jennifer M. Smith
Journal Publications
Pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), patient dumping is illegal in the United States. American hospitals cannot inappropriately discharge or transfer unstable patients to other medical facilities in the United States without violating EMTALA. Yet, American hospitals are doing this very thing- international patient dumping, by inappropriately transferring or discharging (i.e. shipping) indigent undocumented immigrants in arguably unstable conditions to Third World medical facilities in the home country of the immigrant absent federal government oversight or compliance with EMTALA.
The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard
The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard
Journal Publications
THE RECENT WIDESPREAD IMMIGRATION of African and Middle Eastern people and the importation of their traditions and practices into Western societies have given Westerners a firsthand view of cultural practices once shielded by distance, silence, and a bit of disinterest. Such is the case with Female Genital Mutilation ("FGM"). Prior to its importation, most Westerners had not heard the term female genital mutilation and certainly did not know what its impact has been on girls and women in the countries that practice it.
This Article will explore the phenomenon of the importation of the practice of female genital mutilation to …
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Correcting Mismatched Authorities: Erecting A New "Water Federalism", Robert H. "Bo" Abrams
Journal Publications
In the United States water law is a subset of property law that controls the use and allocation of the water resource. Water law was, and remains, state law; nothing in the Constitution purports to change that. The scope of federal sovereignty at the time of nationhood did not include even the possibility of playing a major role in regulating resources because the national government was not a significant landholder. The twentieth century changed water federalism dramatically. In the twentieth century, even while laws and rhetoric respected the division of authority favoring the states, the real power over water in …