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United States

2011

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Articles 1 - 30 of 53

Full-Text Articles in Law

Securing Sovereign State Standing, Katherine Mims Crocker Dec 2011

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Publications

No abstract provided.


Rethinking Merger Efficiencies, Daniel A. Crane Dec 2011

Rethinking Merger Efficiencies, Daniel A. Crane

Articles

The two leading merger systems-those of the United States and the European Union-treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over the accumulation or exercise of market power The implicit asymmetry principle has important systemic effects for merger control. It not only stands in the way of some socially desirable mergers but also may indirectly facilitate the clearance of some socially undesirable mergers. Neither system explicitly justifies this asymmetry, and none of the plausible justifications are normatively supportable ...


Betting On The U.S. Market A Discussion Of The Legality Of Sports Gaming Businesses, Glenn Light, Karl Rutledge, Quinton Singleton Nov 2011

Betting On The U.S. Market A Discussion Of The Legality Of Sports Gaming Businesses, Glenn Light, Karl Rutledge, Quinton Singleton

Occasional Papers

Over time, the US sports gaming industry has progressed dramatically beyond what the US anti-gaming law drafters envisioned. The result is a system of mostly antiquated laws controlling modern industry causing confusion across the board. This discussion, therefore, intends to shed light on the US sports gaming legal framework, including analysis of the preeminent US laws that regulate the sports gaming industry and a brief review of various sports gaming businesses that fall within the US legal rubric.


Baselines Newsletter, No. 8, Summer/Fall 2011, University Of Colorado Boulder. Natural Resources Law Center Jul 2011

Baselines Newsletter, No. 8, Summer/Fall 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


The Sustainable Development Principle In United States Environmental Law, Michael P. Healy Jul 2011

The Sustainable Development Principle In United States Environmental Law, Michael P. Healy

Law Faculty Scholarly Articles

The American public perceives the principle of sustainable development and sustainability, the shorthand nomenclature, through green-tinted lenses. Whether the user of the term is academic, corporate, or governmental, the advocate of sustainability is understood as an advocate of protecting the environment. The international legal understanding of the principle of sustainable development, however, is more ambiguous than this popular American understanding.

Part II of this Article describes the important principle of sustainable development in modern international environmental law. It discusses how the sustainable development principle has evolved from its initial appearance in the 1987 Brundtland Commission Report through its central position ...


Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill Jun 2011

Fact Sheet: Study Of Long-Term Augmentation Options For The Water Supply Of The Colorado System, Black & Veatch, Ch2m Hill

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

1 page.

"March 2008"

Material submitted by Les Lampe, Colorado River Water Consultants, for "Augmentation Options" program, Session 3: Mapping a New Course, Panel F: Some Policy Options and Solutions.

Colorado River Water Consultants is a project-specific partnership of engineering firms Black & Veatch and CH2MHill.


Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten Jun 2011

Slides: Law Of Colorado River: Where We Are, Where We Are Going, Steven M. Fitten

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Steven M. Fitten, Chief Counsel, International Boundary and Water Commission (IBWC)

14 slides


Let My People Go!, Kenneth Lasson Apr 2011

Let My People Go!, Kenneth Lasson

All Faculty Scholarship

This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.


From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde Mar 2011

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states ...


Supplemental Partial Final Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District, San Juan County, State Of New Mexico Jan 2011

Supplemental Partial Final Decree Of The Water Rights Of The Navajo Nation, 11th Judicial District, San Juan County, State Of New Mexico

Native American Water Rights Settlement Project

Supplemental Partial Final Decree of the Water Rights of the Navajo Nation: Parties: Navajo Nation, NM, New Mexico, USA, United States.

Contents:

1. Jurisdiction, p.2; 2. Supplemental Decree, p.2; 3. Reserved Rights, p.2, including a) Livestock Water Use, p.4, b) Irrigation Water Use, p.6; 4. Water Rights Acquired under State Law, p.18; 5. Depletion Limits, p.22; 6. Allottees, p.24; 7. Limitations, p.24; 8. Disclaimers, p.27; 9. Jurisdiction after Entry of Decree, p.26; 10. Metering of Water Uses, p.26; 11. Records of Water Use, p.28; 12. Administration, p ...


United States' Statement Of Claims Of Water Rights In The New Mexico San Juan River Basin On Behalf Of The Navajo Tribe, United States Jan 2011

United States' Statement Of Claims Of Water Rights In The New Mexico San Juan River Basin On Behalf Of The Navajo Tribe, United States

Native American Water Rights Settlement Project

United States' Statement of Claims of Water Rights in the New Mexico San Juan River Basin on Behalf of the Navajo Tribe: Parties: United States, New Mexico, Navajo Nation. Contents:

I - Introduction, p.5;

II - Scope of Claims, p.5:

A. Legal Basis;

B. Lands for Which Water Rights are Claimed;

C. Priority Date;

D. Categories of Water Use;

E. Subsequent Revision or Supplement to Claims;

III - Claims on Behalf of the Navajo Nation, p.9:

  1. Domestic, Commercial, Municipal, and Industrial
  2. Heavy Industrial Activities
  3. Livestock
  4. Historic and Present Irrigation
  5. Future NIIP Irrigation
  6. Additional Future Irrigation – PIA Claims
  7. Impoundment Storage Right ...


Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center Jan 2011

Baselines Newsletter, No. 7, Winter/Spring 2011, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.


The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist Jan 2011

The Logic And Limits Of Environmental Criminal Law In The Global Setting: Brazil And The United States--Comparisons, Contrasts, And Questions In Search Of A Robust Theory, Robert F. Blomquist

Law Faculty Publications

Strict but arguably unfair and counterproductive systems of criminal environmental law and enforcement exist in both the United States and Brazll in the twenty-first century. In order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting, both countries should rethink and reform their respective systems of environmental criminal law by seeking answers to several questions of legal philosophy in search of a robust theory.


Small Business Strategies Series: Patents & Trademarks, Robert Berry Jan 2011

Small Business Strategies Series: Patents & Trademarks, Robert Berry

Library Publications

A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.


Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong Jan 2011

Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong

Faculty Publications

This article describes the device in detail, distinguishing it both practically and theoretically from methods used in other common law systems to establish jurisdiction, and discusses how recent US Supreme Court precedent provides international actors with the means of limiting or avoiding this potentially burdensome procedure.


What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty Jan 2011

What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty

Faculty Scholarship

Ten years after the attacks of September 11, 2001, it almost goes without saying that the acts of grotesque violence committed on that day have had enormous effects on national security law and policy worldwide. To be labeled a terrorist, or to be accused of involvement in an act of terrorism, carries far more severe repercussions now than it did ten years ago. This is true under international law and under domestic law in nations that have dealt with serious national security concerns for many years.

Given the U.N.’s global mandate to combat terrorism and that being defined ...


Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein Jan 2011

Supreme Court Criminal Law Jurisprudence: Fair Trials, Cruel Punishment, And Ethical Lawyering—October 2009 Term, Richard Klein

Scholarly Works

No abstract provided.


Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry Jan 2011

Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry

Library Publications

A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.


Legal Initiatives Driving Clean Up Of Chesapeake Bay, Roy A. Hoagland, Jon Mueller Jan 2011

Legal Initiatives Driving Clean Up Of Chesapeake Bay, Roy A. Hoagland, Jon Mueller

Faculty Publications

No abstract provided.


The Macondo Well Blowout: Taking The Outer Continental Shelf Lands Act Seriously, John J. Costonis Jan 2011

The Macondo Well Blowout: Taking The Outer Continental Shelf Lands Act Seriously, John J. Costonis

Journal Articles

Choice of law issues in marine pollution events engage federal admiralty/general maritime law, federal environmental legislation and the reserved powers of the states to protect their natural resources and economic welfare. Admiralty and general maritime law enjoyed center stage throughout the first two thirds of the last century. Federal marine pollution statutes were few and weak, and state initiatives were typically deemed preempted in all but the so-called “marine but local” cases. The equilibrium began to shift in favor of state police powers and federal environmental values in the mid-1960’s in consequence of the Supreme Court’s solicitude ...


The Improper Dismissal Of Title Vii Claims On "Jurisdictional" Exhaustion Grounds: How Federal Courts Require That Allegations Be Presented To An Agency Without The Resources To Consider Them, Katherine Macfarlane Jan 2011

The Improper Dismissal Of Title Vii Claims On "Jurisdictional" Exhaustion Grounds: How Federal Courts Require That Allegations Be Presented To An Agency Without The Resources To Consider Them, Katherine Macfarlane

Journal Articles

Title VII of the Civil Rights Act of 1964 represents a watershed moment in American history. With Title VII's passage, Congress acknowledged the need to “back” the civil rights movement with “federal legislative power.” Title VII was meant to eliminate practices that inhibit employment opportunity equality. Beyond eliminating those practices, Title VII was also designed to assure equality of employment opportunities and to eliminate conduct that “fostered racially stratified job environments to the disadvantage of minority citizens.” This Title renders unlawful the refusal or failure to hire or “otherwise to discriminate against any individual with respect to his compensation ...


Reconstituting Land Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson Jan 2011

Reconstituting Land Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson

Journal Articles

Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing - or reconstituting - of the respective roles of the federal and state governments in land-use planning. The federal government ...


Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson Jan 2011

Commerce In The Commons: A Unified Theory Of Natural Capital Regulation Under The Commerce Clause, Blake Hudson

Journal Articles

Scholars continue to debate the scope of Congress’s Commerce Clause authority and whether fluctuations in the U.S. Supreme Court’s Commerce Clause jurisprudence place federal environmental regulatory authority at risk. Yet when one analyzes major Commerce Clause cases involving resource regulation since the beginning of the modern regulatory state, a consistent theme emerges: both the Supreme Court and Circuit Courts of Appeal have consistently upheld federal authority to regulate depletable natural resources, the appropriation of which is non-excludable - key characteristics of a commons. Commerce Clause jurisprudence can be interpreted as treating appropriation of this natural capital, here described ...


Abolishing State Trademark Registrations, Lee Ann Lockridge Jan 2011

Abolishing State Trademark Registrations, Lee Ann Lockridge

Journal Articles

No abstract provided.


International Law And The U.S. Common Law Of Foreign Official Immunity, Curtis A. Bradley, Laurence R. Helfer Jan 2011

International Law And The U.S. Common Law Of Foreign Official Immunity, Curtis A. Bradley, Laurence R. Helfer

Faculty Scholarship

In Samantar v. Yousuf, 130 S. Ct. 2278 (2010), the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act does not apply to lawsuits brought against foreign government officials for alleged human rights abuses. The Court did not necessarily clear the way for future human rights litigation against such officials, however, cautioning that such suits “may still be barred by foreign sovereign immunity under the common law.” At the same time, the Court provided only minimal guidance as to the content and scope of common law immunity. Especially striking was the Court’s omission of any mention ...


Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First Jan 2011

Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First

Faculty Scholarship

Professional associations of clergy have invoked the ministerial exception to claim immunity from the antitrust laws. In claiming immunity, these clergy feel entitled to construct cartel-like arrangements that, absent such immunity, would violate section 1 of the Sherman Act, 15 U.S.C. § 1 (2006). The question presented in this case characterizes the ministerial exception as a bar to most “employment-related lawsuits brought against religious organizations by employees performing religious functions.” Such a characterization leaves open the possibility that “religious organizations” could include professional associations of clergy, in addition to churches, religious schools, or other employers of clergy, and “employment-related ...


The United States And The International Criminal Court Post-Bush: A Beautiful Courtship But An Unlikely Marriage, Megan A. Fairlie Jan 2011

The United States And The International Criminal Court Post-Bush: A Beautiful Courtship But An Unlikely Marriage, Megan A. Fairlie

Faculty Publications

The article focuses on the relationship status between the U.S. and the International Criminal Court (ICC) from being dormant due to being renewed. The renewal was evident from the U.S. representation at the 2009 ICC's Assembly of States Parties annual meeting and the 2010 ICC Review Conference. Using the Rome Statute, the ICC has been granted subject matter jurisdiction over war crimes, crimes against humanity and genocide.


Business Roundtable: Patents & Trademarks, Robert Berry Jan 2011

Business Roundtable: Patents & Trademarks, Robert Berry

Library Publications

An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.


Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker Jan 2011

Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker

Articles

No abstract provided.


Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Stephen M. Sheppard Jan 2011

Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Stephen M. Sheppard

Faculty Articles

Two reasons may support the result in Caperton v. A.T. Massey Coal Co. First, though Caperton may indeed interject greater federal oversight of state judges as well as new oversight of the judges of courts of last resort, Caperton does not add a new review for most judges. Second, the due process of law must protect litigants from apparent corruption, or it cannot protect them from real corruption.

Caperton arose in a messy lawsuit between two West Virginia energy companies—Harman Mining, headed by Hugh Caperton, and the A.T. Massey Coal Company, headed by Don Blankenship—which had ...