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The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs 2018 University of Windsor, Faculty of Law

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...


Why Michigan V. Epa Requires The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota 2017 University of Oklahoma Norman Campus

Why Michigan V. Epa Requires The Meaning Of The Cost/Rationality Nexus Be Clarified, Daniele Bertolini, Carolina Arlota

daniele bertolini


This article examines the recent decision in Michigan v. EPA, in which the US Supreme Court held that the EPA acted unreasonably in not considering costs at the listing phase of the regulation of power plants’ emissions under a specific provision of the Clear Air Act (CAA). In Michigan the Court interpreted the applicable statutory provision based on the principles of rational administrative decision-making, thereby establishing a connection between cost consideration by administrative agencies and the principles of reasonable exercise of administrative discretion. We contend that Michigan failed to properly appreciate the logical and axiological connection between cost consideration and ...


The Ecology Of Transparency Reloaded, Seth F. Kreimer 2017 University of Pennsylvania Law School

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


Pepperdine University School Of Law: Legal Summaries, Jane Seo 2017 Pepperdine University

Pepperdine University School Of Law: Legal Summaries, Jane Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen 2017 Pepperdine University

Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office of the District of Columbia Auditor 2017 Pepperdine University

Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre 2017 Pepperdine University

State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker 2017 Pepperdine University

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen 2017 University of California, Hastings College of the Law

Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen

The Judges' Book

No abstract provided.


Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller 2017 University of California, Hastings College of the Law

Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller

The Judges' Book

No abstract provided.


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D. 2017 Salisbury University

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.


The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos 2017 Barry University School of Law

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman 2017 Barry University School of Law

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.


An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish 2017 Barry University School of Law

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon 2017 Barry University School of Law

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman 2017 University of Mississippi School of Law

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that is ...


Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck 2017 Georgetown University Law Center

Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck

Amanda Leiter

No abstract provided.


Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt 2017 University of Missouri School of Law

Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Transportation Network Companies' Ability To Sustain Success Amid Growing Regulation By Local Governments, Molly Parato 2017 University of Missouri School of Law

Transportation Network Companies' Ability To Sustain Success Amid Growing Regulation By Local Governments, Molly Parato

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


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