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The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi 2016 St. Thomas University

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong 2016 Professor of Law, University of Cincinnati College of Law

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and the ...


Improving Emerging Regulatory Experiments In Permit Process Coordination For Endangered Species And Aquatic Resources In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly, Stephanie L. Talavera 2016 UC Irvine School of Law

Improving Emerging Regulatory Experiments In Permit Process Coordination For Endangered Species And Aquatic Resources In California, Alejandro E. Camacho, Elizabeth M. Taylor, Melissa L. Kelly, Stephanie L. Talavera

Faculty Scholarship

The interconnected relationship between California’s wetlands and endangered species has spurred recent efforts to coordinate endangered species permitting under federal and state endangered species laws with freshwater aquatic resource permits under the federal Clean Water Act and analogous state laws. The University of California, Irvine School of Law Center for Land, Environment, and Natural Resources surveyed these emerging permit coordination efforts among several proposed and existing California Habitat Conservation Plans/Natural Community Conservation Plans. This Article explores these nascent initiatives, including the coordinating tools they have tested, the anticipated benefits, and the already observed challenges. Preliminary evidence suggests that ...


Innovations In Mobile Broadband Pricing, Daniel A. Lyons 2016 Boston College Law School

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. This Article explores the way in which this all-or-nothing homogenization ...


Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng 2016 University of Michigan Law School

Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng

University of Michigan Journal of Law Reform

Large telecommunications companies looking to merge spend millions of dollars in their lobbying efforts to clear regulatory hurdles and obtain approval for their proposed mergers. Corporations such as AT&T, Comcast, and Time Warner use public participation processes as vehicles to influence regulatory decision-making. In the Federal Communications Commission (FCC) merger review context, the notice- and-comment process and public hearings have become fertile breeding grounds for hidden corporate influence. Corporations spend millions on corporate social responsibility programs and call upon nonprofit organizations that receive their largesse to represent their corporate interests as grassroots interests when the FCC seeks public comment ...


Brand: Real Property Transfers' Iconic Dimension, Michael N Widener 2015

Brand: Real Property Transfers' Iconic Dimension, Michael N Widener

Michael N Widener

Branding today is increasingly important in commercial real estate development and leasing.  This paper informs the reader how to assess the brand in property transactions due diligence phase, as well as how brand-related rights should be conveyed at the time property is leased or purchased, considering federal and state statutes and regulations on the transfer of intangible property rights.


Feminist Legal Theory: A Primer, Nancy Levit, Robert R.M. Verchick, Nancy Levit, Robert R.M. Verchick 2015 University of Missouri - Kansas City, School of Law

Feminist Legal Theory: A Primer, Nancy Levit, Robert R.M. Verchick, Nancy Levit, Robert R.M. Verchick

Robert R.M. Verchick

Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism ...


Innovations In Mobile Broadband Pricing, Daniel Lyons, Daniel Lyons 2015 Boston College

Innovations In Mobile Broadband Pricing, Daniel Lyons, Daniel Lyons

Daniel Lyons

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. 

This Article explores the way in which this all-or-nothing homogenization ...


Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo 2015 University of Southern California

Detained: A Study Of Immigration Bond Hearings, Emily Ryo, Emily Ryo

Emily Ryo

Immigration judges make consequential decisions that fundamentally affect the basic life chances of thousands of noncitizens and their family members every year. Yet, we know very little about how immigration judges make their decisions, including decisions about whether to release or detain noncitizens pending the completion of their immigration cases. Using original data on long-term immigrant detainees, I examine for the first time judicial decision-making in immigration bond hearings. I find that there are extremely wide variations in the average bond grant rates and bond amount decisions among judges in the study sample. What are the determinants of these bond ...


Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo, Emily Ryo 2015 University of Southern California

Moral Judgments, Expressive Functions, And Bias In Immigration Law, Emily Ryo, Emily Ryo

Emily Ryo

In a lucid and trenchant style characteristic of Professor Hiroshi Motomura’s writing, Immigration Outside the Law offers rich descriptive and prescriptive analyses of three major themes underlying debates about unauthorized migration: the meaning of unlawful presence, state and local involvement in the regulation of unauthorized migration, and the integration of unauthorized migrants into American society. This review advances several ideas that I argue are important to understanding these key themes. In brief, I suggest that a more comprehensive understanding of public debates about unauthorized migration requires examining lay moral judgments about unlawful presence, the expressive functions of immigration law ...


Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson 2015 Alexander Blewett III School of Law at the University of Montana

Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson

Public Land and Resources Law Review

In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.


Books Received, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


La Defensa Jurídica Del Estado: Algunos Apuntes Constitucionales Sobre La Labor De Las Procuradurías, Elard Ricardo Bolaños Salazar 2015 Miembro del Centro de Estudios de Derechos Humanos y Alumno de la Facultad de Derecho de la Universidad de San Martín de Porres

La Defensa Jurídica Del Estado: Algunos Apuntes Constitucionales Sobre La Labor De Las Procuradurías, Elard Ricardo Bolaños Salazar

Elard Ricardo Bolaños Salazar

El autor, luego de desarrollar diversos aspectos sobre el Sistema de Defensa Jurídica del Estado –incluyendo su marco normativo y su estructura, así como diversas problemáticas–, concluye en que la situación actual de este sistema debe ser revalorada con urgencia, proponiendo su fortalecimiento bajo el entendido de que en la labor de los procuradores se ponen en juego intereses comunes de toda la sociedad.


Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle 2015 University of Michigan

Minimization Criteria For Off-Road Vehicle Use, Louisa S. Eberle

Michigan Journal of Environmental & Administrative Law

President Nixon recognized the controversy surrounding off-road vehicle (ORV) use on public lands when he signed Executive Order 11,644 in 1972. The Executive Order set out minimization criteria that bound federal land management agencies’ ORV area and trail designations. Forty years later, agencies are still struggling to implement the minimization criteria. Recent court opinions have struck down implementation attempts by the National Park Service, Bureau of Land Management, and Forest Service. This note argues that agencies require additional guidance for ORV management, particularly in light of case law that sets a floor for achieving minimization. After examining how the ...


The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba 2015 Southern Methodist University Dedman School of Law

The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), Jeffrey M. Gaba

Michigan Journal of Environmental & Administrative Law

The Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) provides three distinct “private” causes of action that allow parties to recover all or part of their cleanup costs from “potentially responsible parties.” Section 107(a)(4)(B) provides a “direct” right of cost recovery. Sections 113(f)(1) and 113(f)(3)(B) provide a right of contribution following a CERCLA civil action or certain judicial or administrative settlements. The relationship among these causes of action has been the source of considerable confusion. Two Supreme Court cases, Cooper Industries, Inc. v. Aviall Services, Inc. and United States v. Atlantic Research ...


Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown 2015 Georgia State University College of Law

Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown

Faculty Publications By Year

Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions ...


Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore 2015 University of Montana - Missoula

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land and Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.


How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal 2015 University of Iowa College of Law

How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal

Andy Grewal

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but it's authority to do so is far ...


Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins 2015 Alexander Blewett III School of Law at the University of Montana

Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins

Public Land and Resources Law Review

Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small ...


Due Process Vs. Administrative Law, Kent H. Barnett 2015 University of Georgia School of Law

Due Process Vs. Administrative Law, Kent H. Barnett

Popular Media

This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.


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