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Full-Text Articles in Law
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz
July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz
Hallowed Secularism
Blog post, "More on the Interfaith Meeting in Spain" discusses politics, theology and the aw in relation to religion and public life in the democratic United States of America.
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
Faculty Scholarship
The rule of law depends on a working separation of powers and transparency and accountability in government. If information is power, the ability of one branch of government to control information represents the ability to control federal legislation, policy, and decision-making. The Framers of the United States Constitution developed the Madisonian model of separated powers and functions, and a system of checks and balances to maintain those separations, with this in mind. History has shown a progressive shift of the power to control information toward the executive branch and away from the Legislature. Particularly when unified, one-party government precludes effective …
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
The Chinese Takings Law From A Comparative Perspective, Chenglin Liu
Faculty Articles
When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes when …
Immigration Reform From The Outside In, Bill Piatt
Immigration Reform From The Outside In, Bill Piatt
Faculty Articles
Immigration reform is made up of two differing extreme positions, but by seeking common ground, a more fair and balanced approach may be adopted in the best interests of all.Rather than trying to analyze positions as conservative or liberal, it makes more sense to view the extremes as a “closed border” versus “open border” approach. The extreme positions will not work, so a more middle-ground position would require a thoughtful examination of a number of issues. Those issues are what are the costs and benefits of removing those already illegally here; what role should the federal, state, and local governments …
Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia
Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia
Scholarly Works
In Garcetti v. Ceballos, the Supreme Court denied constitutional protection to a deputy prosecutor named Richard Ceballos. In reaching its decision, the Court pointed to the plethora of statutory protections that were available to government whistleblowers. A closer examination of these statutory alternatives reveals that they will not protect Ceballos. This is the paradox of statutory protection in labor and employment law-more sometimes is less for vulnerable workers.
This Article places the Garcetti case in the historical trajectory of worker protection—from no protection to statutory protection. This Article argues for a move toward constitutional and international protection …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.