The Forgotten Core Of The Telecommunications Act Of 1996, 2016 University of Colorado Law School
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
Publications
No abstract provided.
Developments In Administrative Law: The 2014-2015 Term, 2015 University of Manitoba School of Law
Developments In Administrative Law: The 2014-2015 Term, Gerald Heckman
Gerald Heckman
Innovations In Mobile Broadband Pricing, 2015 Boston College
Innovations In Mobile Broadband Pricing, Daniel Lyons
Daniel Lyons
Copyrights, Privacy, And The Blockchain, 2015 Selected Works
Copyrights, Privacy, And The Blockchain, Tom W. Bell
Tom W. Bell
Moral Judgments, Expressive Functions, And Bias In Immigration Law, 2015 University of Southern California
Moral Judgments, Expressive Functions, And Bias In Immigration Law, 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, and …
Detained: A Study Of Immigration Bond Hearings, 2015 University of Southern California
Detained: A Study Of Immigration Bond Hearings, Emily Ryo
Emily Ryo
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, 2015 Chapman University School of Law
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
The Binding Guidance Principle: Using The Indian Trust Doctrine To Trump The Apa, 2015 Seattle University School of Law
The Binding Guidance Principle: Using The Indian Trust Doctrine To Trump The Apa, John Robinson Jr., J.D.
American Indian Law Journal
No abstract provided.
Endangered Species, Endangered Treaties: Protecting Treaty Rights, Economic Development, And Tribal Consultation Under Secretarial Order 3206, 2015 University of Washington School of Law
Endangered Species, Endangered Treaties: Protecting Treaty Rights, Economic Development, And Tribal Consultation Under Secretarial Order 3206, Jeremy Wood
American Indian Law Journal
No abstract provided.
Filling The D.C. Circuit Vacancies, 2015 University of Richmond
Filling The D.C. Circuit Vacancies, Carl W. Tobias
Indiana Law Journal
Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …
The Government’S Lies And The Constitution, 2015 University of Colorado School of Law
The Government’S Lies And The Constitution, Helen L. Norton
Indiana Law Journal
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …
Administrative Law Unbounded: Reflections On Government And Governance, 2015 University of California, Berkeley School of Law
Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro
Martin Shapiro
No abstract provided.
Regulation And Regulatory Processes, 2015 University of Pennsylvania
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Robert Kagan
Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …
The Giving Reasons Requirement, 2015 Berkeley Law
Agdaagux Tribe Of King Cove V. Jewell, 2015 Alexander Blewett III School of Law at the University of Montana
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
Public Land & 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, 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.
The Private Causes Of Action Under Cercla: Navigating The Intersection Of Sections 107(A) And 113(F), 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 Corp. have identified certain situations in which the …
Minimization Criteria For Off-Road Vehicle Use, 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 mandate …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Administrative Law, 2015 Mercer University School of Law
Administrative Law, Jennifer B. Alewine, Courtney E. Ferrell, Erin G. Watstein
Mercer Law Review
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2014 through May 31, 2015 in which principles of administrative law were a central focus of the case. The Article begins with a discussion of cases on exhaustion of administrative remedies, followed by a series of cases discussing standard of review for an agency decision, a review of sovereign immunity cases, and a brief review of enactments from the 2015 regular session of the Georgia General Assembly.
This Article is dedicated to the illustrious Martin M. Wilson, who authored this Article for …