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2017

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Articles 14821 - 14850 of 15125

Full-Text Articles in Law

The Criminalization Of Walking, Michael Lewyn Dec 2016

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …

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Robocar Risks, Michael Lewyn Dec 2016

Robocar Risks, Michael Lewyn

Michael E Lewyn

Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.

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My Planetizen Blog Posts July-August 2017, Michael Lewyn Dec 2016

My Planetizen Blog Posts July-August 2017, Michael Lewyn

Michael E Lewyn

Blog posts reprinted from planetizen.com

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Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn Dec 2016

Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn

Michael E Lewyn

Blog posts at start of 2017 in marketurbanism.com

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2007 Cnu Blog Posts, Michael Lewyn Dec 2016

2007 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

The Congress for New Urbanism (cnu.org) once had a group blog that I contributed to. These are my 2007 posts, mostly about the 2007 CNU conference.

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2015 Cnu Blog Posts, Michael Lewyn Dec 2016

2015 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

My blog posts at the Congress for New Urbanism (cnu.org) website, obtained at archive.org. Unfortunately, a few posts (mostly from May) still have not been found.

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Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine Dec 2016

Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine

Jan M. Levine

On December 3, 2016, the Duquesne University School of Law hosted the first national conference on drafting statutes and rules, as our fifth biennial conference on legal writing pedagogy, resulting in this issue of the Duquesne Law Review. The conference theme and agenda was developed by the faculty of the Legal Research and Writing Program and was supported by our law school administration and our generous alumni, with additional assistance from LexisNexis and Wolters Kluwer Legal Education. The theme of this conference was “Statutes and Rules: Pedagogy, Practice, and Politics.”

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Curriculum Vitae, Darin Fox Dec 2016

Curriculum Vitae, Darin Fox

Darin K. Fox

Curriculum Vitae

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Attacking Smart Growth, Michael Lewyn Dec 2016

Attacking Smart Growth, Michael Lewyn

Michael E Lewyn

Review of The Human City, by Joel Kotkin

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Reevaluating Intellectual Property Law In A 3d Printing Era, Lucas S. Osborn Dec 2016

Reevaluating Intellectual Property Law In A 3d Printing Era, Lucas S. Osborn

Lucas S. Osborn

No abstract provided.

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Contemplating Masterpiece Cakeshop, Danielle Weatherby Dec 2016

Contemplating Masterpiece Cakeshop, Danielle Weatherby

Danielle Weatherby

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws, this Essay suggests that the reconciliation …

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The Federal Anti-Corruption Enterprise After Mcdonnell - Lessons From The Symposium, George D. Brown Dec 2016

The Federal Anti-Corruption Enterprise After Mcdonnell - Lessons From The Symposium, George D. Brown

George D. Brown

This article was presented at the Penn State Law Review's Symposium, Breach of the Public (Dis)Trust. The article examines the potential impact of the Supreme Court's unanimous decision in McDonnell v. United States. The analysis first focuses on a narrow reading of McDonnell, treating it as part of the Court's general approach to issues of statutory construction. However, there is a possible broader reading of McDonnell, which has the potential to be highly significant as applied to anticorruption prosecutions, federalism concerns, and the "criminalization of politics" critique. After examining a broader view of McDonnell, the article delves into whether the …

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The Law & Economics Of Insurance, Daniel Schwarcz, Peter Siegelman Dec 2016

The Law & Economics Of Insurance, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

An overview of the economics of insurance law.

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International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu Dec 2016

International Environmental Law, Environmental Justice, And The Global South, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez


On October 28, 2016, the Journal of Transnational Law & Contemporary Problems (“TLCP”) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South (Cambridge University Press, 2015),  and to use the book as the foundation for further scholarly inquiry. The symposium featured an inspiring and enlightening series of panels and keynote addresses on a variety of topics including environmental justice and indigenous peoples, energy poverty and its disparate impact on women, violence against women in resource extractive industries, and North-South fisheries disputes.

The thesis of International Environmental Law …

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The Future Of The Canadian Energy Industry In A Low Price Commodity Environment Dec 2016

The Future Of The Canadian Energy Industry In A Low Price Commodity Environment

Monika U. Ehrman

This article, adapted from the LSU Law Center Symposium, Emerging Issues at the Intersection of Energy and Natural Resources (March 4, 2016), reviews, in brief, the decline in petroleum commodity prices; the magnitude and importance of the Canadian exploration and production sector (with particular attention given to its relationship with the United States); the effects of the drop in commodity prices in Canada and the challenges faced by the Canadian energy industry; and possible strategies for Canada to weather the decline and improve its resistance to future price volatility.

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Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika Ehrman Dec 2016

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika Ehrman

Monika U. Ehrman

There is an incredible increase in earthquake activity in traditionally non-seismically active states, such as Oklahoma, Kansas, Texas, and Ohio. In fact, Oklahoma has surpassed California to become the most seismically active state in the United States. Over the last five years, many researchers have pointed to a correlation between seismic activity and certain oil and gas operations, such as wastewater fluid injection and hydraulic fracturing. Oil and gas companies, state regulatory agencies, and local and state governments are unsure of how to proceed given that most of this activity is occurring in states with a strong and economically vested …

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Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz Dec 2016

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Bruce Ledewitz

The question that was addressed on January 4, 2017, by the Section panel on Law and Religion at the AALS Annual Meeting, and is now addressed in these papers, is whether Secularism is a Non-Negotiable Aspect of Liberal Constitutionalism? That question elicited a variety of important responses at the panel discussion. Of course there were definitional issues: What is meant by secularism? What is the nature of liberal constitutionalism? The panelists also explored the relationship among religion, secularism, and constitutionalism. Some panelists pointed to historical experiences in which dominant religions oppressed minority religious believers and non-believers. The panel pointed out …

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An Empirical Study Of University Patent Activity, Christopher J. Ryan Jr., Brian L. Frye Dec 2016

An Empirical Study Of University Patent Activity, Christopher J. Ryan Jr., Brian L. Frye

Clovia Hamilton

No abstract provided.

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A Call To Action: The New Academy Of Food Law & Policy, Susan A. Schneider, Emily M. Broad Leib Dec 2016

A Call To Action: The New Academy Of Food Law & Policy, Susan A. Schneider, Emily M. Broad Leib

Susan Schneider

For several decades, consumer interest in food and the system that produces it has been on the rise. This interest has more recently coalesced into a broad-based food movement that combines a diverse set of advocates.1 The 1970s and 1980s can be viewed as the beginning of this movement when concerns were raised about the rise in industrialized farming, environmental degradation from agriculture, the increase of ultra-processed foods, and the “fast food” approach to eating. Leading voices were educators such as Joan Dye Gussow; authors, including Frances Moore Lappe, Wendell Berry, and Carlo Petrini; and chefs such as Alice …

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The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn Dec 2016

The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn

Lucas S. Osborn

As the distinction between the digital and physical worlds continues to diminish, the necessity to reevaluate the bargain struck by the copyright regime increases in importance. Digitization brings increasingly more aspects of our world into the potential ambit of the copyright system. To understand whether and how the copyright system should apply in an increasingly digital world, it is first necessary to understand doctrinally how current copyright laws apply to new digital works. This Article corrects several errors that have appeared in the literature analyzing copyright law's treatment of 3D printing and other digital manufacturing files. This Article incorporates an …

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Federal Habeas Corpus And Systemic Official Misconduct: Why Form Trumps Constitutional Rights, Tiffany R. Murphy Dec 2016

Federal Habeas Corpus And Systemic Official Misconduct: Why Form Trumps Constitutional Rights, Tiffany R. Murphy

Tiffany R Murphy

This article discusses the substantial issues surrounding the AEDPA’s deference standard when an inmate raises constitutional claims of state actors acting improperly. Specifically, federal courts should not give deference to state court merits rulings when based on systemic official misconduct. Often, state courts struggle with applying federal constitutional jurisprudence in collateral proceedings. They fail to permit discovery or evaluate the claims as federal courts have established is required. Because the pattern of police or prosecutorial malfeasance keeps critical information from the inmate, state actors should not benefit from the AEDPA’s intent for high deference to state court findings. This is …

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Copyright Law's Delicate Balancing Act, Alan E. Garfield Dec 2016

Copyright Law's Delicate Balancing Act, Alan E. Garfield

Alan E Garfield

No abstract provided.

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Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn Dec 2016

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

Michael E Lewyn

Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.

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Causa E Função Social: A Ordem Pública E O Interesse Coletivo Nas Relações Contratuais, Lucas Abreu Barroso Dec 2016

Causa E Função Social: A Ordem Pública E O Interesse Coletivo Nas Relações Contratuais, Lucas Abreu Barroso

Lucas Abreu Barroso

No abstract provided.

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Brazil: The Difficult Path Toward Democratization Of Civil Law.Pdf, Lucas Abreu Barroso, Pablo Malheiros Da Cunha Frota, Brigida Roldi Passamani, Lúcio Moreira Andrade Dec 2016

Brazil: The Difficult Path Toward Democratization Of Civil Law.Pdf, Lucas Abreu Barroso, Pablo Malheiros Da Cunha Frota, Brigida Roldi Passamani, Lúcio Moreira Andrade

Lucas Abreu Barroso

The Federal Constitution of 1988 reinstated the democratic rule of law in Brazil. Based on fundamental rights, the “Citizen’s Constitution” shaped the model of a welfare State whose objectives consist in the construction of a free, just and solidary society,  the eradication of poverty and substandard living conditions and the promotion of the well-being of all, without prejudice as to origin , race, sex, color, age and any other forms of discrimination. From this context the constitutionalidealization of family democracy emerges, specifically represented in this paper by the recognition of civil union between people of the same sex as family …

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Usucapião Extrajudicial: O Procedimento Para Além Da Desjudicialização, Lucas Abreu Barroso, Brigida Roldi Passamani Dec 2016

Usucapião Extrajudicial: O Procedimento Para Além Da Desjudicialização, Lucas Abreu Barroso, Brigida Roldi Passamani

Lucas Abreu Barroso

This paper intends to draw initial lines as to the adverse possession [usucapion] procedure performed by extrajudicial means. But it also proposes an investigation about this novel institution from a critical perspective of substantive law. Finally, it reveals that one of its requirements prevents the extensive and effective use of this innovation which arose in the midst of the 2015 Civil Procedure Code.

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Planetizen Blog Posts September-December 2017, Michael Lewyn Dec 2016

Planetizen Blog Posts September-December 2017, Michael Lewyn

Michael E Lewyn

Blog posts related to public transit, housing costs, and other urban issues.

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Interpreting Stale Preferential Rights To Acquire Real Estate: Beyond The Restatement Of Property, Carl J. Circo Dec 2016

Interpreting Stale Preferential Rights To Acquire Real Estate: Beyond The Restatement Of Property, Carl J. Circo

Carl J. Circo

Options to purchase, rights of first refusal, and other preferential rights give a prospective buyer priority to acquire property. But stale preferential rights often backfire. In one recent case, a 20-year old right thwarted a plan to save a pristine site on Long Island. In another, a right granted in 1988 may prevent the property’s sale in perpetuity. In scores of other cases, changed circumstances lead to disputes over how to apply the right. Such problems can arise because preferential rights to purchase real estate often survive beyond the imaginations of the parties who establish them. Current law, as reflected …

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Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin Dec 2016

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin

This essay provides an overview of the USA Patriot Act and introduce readers to some of the controversial aspects of the main provisions outlined in the original bill. While the paper states an affirmative position regarding the language of the law, this essay challenges readers to decide whether the benefits of the Patriot Act outweighed the founded, potential, and unknown violations of the United States Constitution.

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Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn Dec 2016

Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn

Michael E Lewyn

Blog posts on urban issues. Original versions on planetizen.com

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