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Full-Text Articles in Social and Behavioral Sciences
An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner
An Analysis Of Marine Protected Areas Legislation In The Caribbean Lesser Antilles, Barry James Bleichner
LSU Master's Theses
Historically, marine resources and ecosystems were believed to be limitless and exploitation of those resources occurred with little regard to future consequences. Recent studies suggests that this belief is misplaced, as research indicates that many of these marine resources face extinction if protective measures are not implemented soon. Marine protected areas, or MPAs have garnered increasing attention as a means to effectively protect and conserve marine resources. Establishment and management of marine protected areas typically require implementing legislation in order to provide a legal basis for enforcement of MPA rules and regulations. The intent of this research was to determine …
"Don't Pooh-Pooh Our Poo Poo": Penalty, Subsidy, And Refusal To Fund In The Aftermath Of National Endowment For The Arts V. Finley, James Gaddy
LSU Master's Theses
Legal scholars said the National Endowment for the Arts v. Finley decision would create a "chilling effect" in government subsidy programs, and it unlawfully expanded the government speech doctrine. By analyzing cases that subsequently use Finley for a substantive part of their rationale, this article argues the opposite: the courts have rejected the government's attempts to interpret the decision as one that allows viewpoint discrimination and have not allowed the government to further a broad reading of the decision. The article also argues that, under the government speech doctrine, Finley provides the controlling precedent for truly "hybrid speech" cases where …