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Assessing Greenhouse Gas Emissions In The Oil Sands: Legislative Or Administrative (In)Action?, Mark Friedman 2016 Osgoode Hall Law School

Assessing Greenhouse Gas Emissions In The Oil Sands: Legislative Or Administrative (In)Action?, Mark Friedman

Western Journal of Legal Studies

The development of the oil sands in Alberta has become a focal point in Canada’s response to global climate change. Before an oil sands project can proceed, it must first undergo environmental assessment. This process frequently engages both provincial and federal environmental assessment legislation, which are implemented by administrative tribunals. The purpose of the paper is two-fold: firstly, to determine whether environmental assessment legislation provides regulators with the tools to assess the impact of an oil sands project's greenhouse gas emissions on the environment, and secondly, to examine how tribunals have been enforcing those standards during assessments. This ...


To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta 2016 University of Western Ontario, Faculty of Law

To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta

Western Journal of Legal Studies

In December 2015, the government of Ontario introduced the Fertility Program, a plan to publicly fund in vitro fertilization (IVF). The Fertility Program seeks to use the advanced reproductive technology to reduce the occurrence of multiple births and to increase access to fertility treatments. This paper does not argue that IVF should not be publicly funded at all, but rather posits that in a time when the government is restricting healthcare spending, scarce resources must be allocated appropriately. The Ontario government has failed to craft a cost-effective funding program to maximize these limited resources by expanding the role of healthcare ...


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble 2016 Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra 2016 Seattle University School of Law

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert 2016 Seattle University School of Law

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


Obama's Executive Order On Guns Is Mostly Political Theater, Timothy D. Lytton 2016 Georgia State University College of Law

Obama's Executive Order On Guns Is Mostly Political Theater, Timothy D. Lytton

Timothy D. Lytton

No abstract provided.


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


An Unsealed Package: The Ninth Circuit Creates A Circuit Split When Interpreting Fda Regulations On Food Label Nutrient Content Claims In Reid V. Johnson & Johnson, Danielle M. Haikal 2016 Boston College Law School

An Unsealed Package: The Ninth Circuit Creates A Circuit Split When Interpreting Fda Regulations On Food Label Nutrient Content Claims In Reid V. Johnson & Johnson, Danielle M. Haikal

Boston College Law Review

On March 13, 2015, in Reid v. Johnson & Johnson, the U.S. Court of Appeals for the Ninth Circuit held that the statement “No Trans Fat” on the label of Benecol, a food that contains between 0 and 0.5 grams of trans fat, was not a permitted nutrient content claim. The court held that such a statement made on the label was false or misleading and was therefore not authorized by Food and Drug Administration (“FDA”) regulations. The court came to this conclusion despite the Third Circuit reaching the opposite conclusion in 2013, in Young v. Johnson & Johnson, regarding ...


Pepperdine University School Of Law: Legal Summaries, Blair Castellanos 2016 Pepperdine University

Pepperdine University School Of Law: Legal Summaries, Blair Castellanos

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen 2016 Pepperdine University

Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen

Journal of the National Association of Administrative Law Judiciary

The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings ...


Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel 2016 Pepperdine University

Of Mouseholes And Elephants: The Statute Of Limitations For Impartial Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The purpose of this article, in light of the practical significance and the limited literature addressing the IDEA’s hearing level SOL, is to provide a current and concise overview of the case law addressing this specific issue. Part I provides the basic nature and purpose of SOL generally, and specifically how SOL applies to the IDEA’s impartial hearings. Parts II–IV addresses the elements of the SOL statutory provisions in terms of the triggering date, the exceptions, and the duration and effect of the SOL, including the importance of G.L. v. Ligonier Valley School District Authority. Part ...


Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel 2016 Pepperdine University

Has The Supreme Court’S Schaffer Decision Placed A Burden On Hearing Officer Decision-Making Under The Idea?, Cathy A. Skidmore, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.


Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop 2016 University of Montana School of Law

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop

Public Land and Resources Law Review

Wildearth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement sprung from the approval of a modified mining plan for the Spring Creek Mine in Montana. Wildearth Guardians is the adoption of Magistrate Judge Ostby’s Findings and Recommendations by United States District Judge, Susan Watters concluding that the Office of Surface Mining, Reclamation and Enforcement violated several provisions of NEPA.


The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert 2016 Touro College Jacob D. Fuchsberg Law Center

The Downeaster Alexa: Iconic Male V. A Perfect Storm Of Regulations, Maureen A. Eggert

Touro Law Review

No abstract provided.


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray 2016 Touro Law School

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


Foreword: Lawyering In The Regulatory State, Nancy J. Moore 2016 Boston University School of Law

Foreword: Lawyering In The Regulatory State, Nancy J. Moore

Fordham Law Review

The authors use a variety of methodologies, including traditional legal analysis, as well as empirical and historical research. Finally, they focus on such diverse issues as the role of agencies in facilitating access to justice, the lawyer’s role as gatekeeper in agency litigation and regulatory compliance, and the unique role of the in-house lawyer, both private and public. Taken together, they open a large window on the complex work of many lawyers who are often overlooked in the legal profession’s literature.


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