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Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold 2017 Boston College Law School

Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold

Boston College Environmental Affairs Law Review

International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members ...


Battling The (Algae) Bloom: Watershed Policies And Plans In Wisconsin, Jamie Konopacky 2017 Harvard Law School

Battling The (Algae) Bloom: Watershed Policies And Plans In Wisconsin, Jamie Konopacky

Boston College Environmental Affairs Law Review

Algae blooms and unsafe nitrate levels caused primarily by nutrients in runoff from agricultural and urban areas plague waterbodies across the United States. The nutrient pollution problem can be effectively addressed through the development and implementation of appropriately scaled watershed plans. To encourage needed planning and implementation, the Environmental Protection Agency and states must utilize an improved watershed policy approach. For decades, such an approach has been stymied by a nebulous watershed concept and legal, political, and financial obstacles. This article provides an in-depth look at policies that provide the foundation and framework for watershed planning and implementation in Wisconsin ...


Guidance Documents And Rules: Increasing Executive Accountability In The Regulatory World, Hale Melnick 2017 Boston College Law School

Guidance Documents And Rules: Increasing Executive Accountability In The Regulatory World, Hale Melnick

Boston College Environmental Affairs Law Review

Guidance documents pose a peculiar problem in administrative law. Although guidance documents are supposed to be non-binding memoranda, they sometimes have the effect of creating binding law in practice. Courts lack an effective way to determine when guidance documents are essentially binding. This Note examines why past, current, and proposed judicial tests for determining whether guidance documents are binding are flawed, and it proposes an alternative model based on executive review.


Food Deserts Are Ripe For Business, Ryelle Seymour 2017 Boston College Law School

Food Deserts Are Ripe For Business, Ryelle Seymour

Boston College Environmental Affairs Law Review

People living in food deserts lack access to nutritious food. Although growing awareness of food deserts has prompted federal and state governments to allocate resources to combat the problem, many municipal and state governments lack the funding, personnel, and expertise necessary to develop and implement programs to address food deserts. The private sector can take advantage of federal and local governmental incentive programs to establish an enterprise to serve food desert areas. The successful food desert intiatives implemented around the country can serve as a model for future programs. Because these businesses have proved to be profitable but are created ...


Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars 2017 Boston College Law School

Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars

Boston College Environmental Affairs Law Review

Recently, increased attention to the care that captive orcas receive at marine life parks has sparked a call for reform of the public display industry. In the face of this public outcry the nation’s leading marine life park, SeaWorld, recently announced a shift in company policy that will eventually end the practice of holding orcas in captivity. This, though, does not signal the end of problem. Many other animals face problems that are analogous to the exact issues that sparked change for captive orcas. This note will argue that broad reform of captivity standards are necessary and should include ...


Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief, Alex Galliani 2017 Boston College Law School

Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief, Alex Galliani

Boston College Environmental Affairs Law Review

In Montana v. Crow Tribe of Indians, the United States Supreme Court declined to award the Crow Tribe of Indians disgorgement of coal taxes collected by Montana from a mining company with operations on the Tribe’s reservation. The Supreme Court justified its decision by distinguishing the 1939 Montana Supreme Court case Valley County v. Thomas, referencing the precedent set by Cotton Petroleum Corp. v. New Mexico, and noting that the Tribe lacked the necessary approval to tax from the Department of the Interior. This Comment argues that the Supreme Court should have granted the Tribe full disgorgement, partial disgorgement ...


Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr 2017 University of Pennsylvania Law School

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while ...


Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack 2017 Columbia Law School

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for ...


Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith 2017 University of Pennsylvania Law School

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the ...


Legislating In The Shadows, Christopher J. Walker 2017 Ohio State University - Main Campus

Legislating In The Shadows, Christopher J. Walker

Christopher J. Walker

Federal agencies are deeply involved in both the foreground and shadows of legislative drafting. In the foreground, agencies draft the substantive legislation the Administration desires to submit to Congress. In the shadows, agencies provide confidential “technical drafting assistance” on legislation that originates with congressional staffers. This technical drafting assistance provides Congress with agency expertise on the subject matter, which helps Congress avoid considering legislation that would unnecessarily disrupt the current statutory scheme. It also allows the agency to play an active—yet opaque—role in drafting legislation from the very early stages. In fact, the empirical findings presented in this ...


Quantifying The Tightness Of Mortgage Credit And Assessing Policy Actions, Laurie S. Goodman 2017 Urban Institute

Quantifying The Tightness Of Mortgage Credit And Assessing Policy Actions, Laurie S. Goodman

Boston College Journal of Law & Social Justice

This Article quantifies the dramatic tightening of mortgage credit that has occurred in the post-crisis period. It then describes the policy actions to loosen the credit box taken to date by both the government sponsored enterprises (GSEs) and their regulator, the Federal Housing Finance Agency (FHFA), as well as those taken by the Federal Housing Administration (FHA), concluding the FHA still has some important actions it has yet to undertake. Finally, the consequences of tight credit are discussed: namely, a lower home ownership rate, particularly among minorities, leaving many unable to access what has historically been the single most powerful ...


Expanding The Mortgage Credit Box: Lessons From The Community Advantage Program, Roberto G. Quercia, Sarah Riley 2017 University of North Carolina at Chapel Hill

Expanding The Mortgage Credit Box: Lessons From The Community Advantage Program, Roberto G. Quercia, Sarah Riley

Boston College Journal of Law & Social Justice

The Great Recession has raised concerns about the promotion of homeownership to low- and moderate-income families. The subprime credit boom of the early 2000s was replaced with an overall credit retrenchment. The reforms to the housing finance system, begun with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, remain incomplete given the uncertain future of the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”). In light of this uncertainty, can or should homeownership continue to be supported, and if so, in what way? In this paper, we examine one ...


One Mortgage: A Model Of Success For Low-Income Homeownership, Clark L. Ziegler, Elliot Schmiedl, Thomas Callahan 2017 Massachusetts Housing Partnership

One Mortgage: A Model Of Success For Low-Income Homeownership, Clark L. Ziegler, Elliot Schmiedl, Thomas Callahan

Boston College Journal of Law & Social Justice

A 1989 report by the Federal Reserve Bank of Boston identified major racial disparities in mortgage lending in the City of Boston that could not be explained by income, credit scores, or other objective underwriting factors. In response, city and state officials, community organizations, and major banking institutions joined together in 1990 to design and launch what is now the Massachusetts ONE Mortgage program. The program is built around a low down payment mortgage loan with discounted interest rates, a state funded loan loss reserve that eliminates the need for mortgage insurance, retention of servicing and credit risk by the ...


Won’T Get Fooled Again: Why Vw’S Emissions Deception Is Illegal In Europe And How To Improve The Eu’S Auto Regulatory System, Kevin Tarsa 2017 Boston College Law School

Won’T Get Fooled Again: Why Vw’S Emissions Deception Is Illegal In Europe And How To Improve The Eu’S Auto Regulatory System, Kevin Tarsa

Boston College International and Comparative Law Review

Replete with greed, hubris, and deceit, the Volkswagen emissions scandal is not your typical case of corporate wrongdoing. With a price tag of $20 million in the United States, it is already one of the most expensive corporate scandals in history and has caused significant damage to the environment, public health, and the global economy. Dieselgate has had a majorly disproportionate impact on Europe, where nearly nine million of the eleven million affected cars are located. The financial cost of the scandal, however, has been confined almost entirely to the United States, due to a European Union (EU) regulation that ...


Base Erosion And Profit Shifting: How Corporations Use Transfer Pricing To Avoid Taxation, Gregory Pun 2017 Boston College Law School

Base Erosion And Profit Shifting: How Corporations Use Transfer Pricing To Avoid Taxation, Gregory Pun

Boston College International and Comparative Law Review

In an increasingly global economy, base erosion and profit shifting (BEPS) has allowed multinational corporations to utilize their subsidiaries to move assets and profits. As a result, corporations are able to lower their tax bills, but also deprive governments of integral tax funds, while leaving smaller competitors who pay their fair share of taxes at a disadvantage. To combat the effects of BEPS, the Organization for Economic Cooperation and Development (OECD) has collaborated with the Group of 20 (G20) major economies for the first time to implement an action plan. The BEPS Project seeks to ensure all corporations pay proper ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


Defenders Of Wildlife V. Zinke, Jacob R. Schwaller 2017 Alexander Blewett III School of Law at the University of Montana, Missoula

Defenders Of Wildlife V. Zinke, Jacob R. Schwaller

Public Land and Resources Law Review

Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given ...


The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey 2017 NYU School of Law

The Anti-Deference Pro-Preemption Paradox At The U.S. Supreme Court: The Business Community Weighs In, Catherine M. Sharkey

New York University Law and Economics Working Papers

Two indicia of the Roberts Court’s alleged pro-business leanings are, first, its readiness to find state tort law preempted by federal law and, second, its skepticism toward Auer deference to federal agencies. But it is difficult to reconcile individual Justices’ — particularly those identified as part of the “conservative core” — pro-preemption positions and anti-Auer positions, and this tension suggests that the oft-advanced pro-business narrative warrants a closer look. The tension is on clearest display in drug preemption cases, where even the most anti-agency deference Justices readily defer to the Food and Drug Administration (FDA), particularly when the agency’s interpretation ...


Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount 2017 Villanova University Charles Widger School of Law

Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount

Villanova Law Review

No abstract provided.


Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett 2017 University of Georgia School of Law

Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett

Popular Media

Professor Kent Barnett argues that the oft-criticized formal rulemaking process has virtues in proper settings.


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