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Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly McGrath 2017 Boston College Law School

Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath

Boston College Environmental Affairs Law Review

Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation ...


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 ...


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.


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 ...


Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School of Law 2017 Roger Williams University

Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Roberts Court And Freedom Of Speech, Erwin Chemerinsky 2017 University of California, Irvine School of Law

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years ...


Procedural Due Process Claims, Erwin Chemerinsky 2017 Selected Works

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky 2017 Touro Law School

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky 2017 Selected Works

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky 2017 Selected Works

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Defining The Role Of The Federal Courts, Erwin Chemerinsky, Larry Kramer 2017 Selected Works

Defining The Role Of The Federal Courts, Erwin Chemerinsky, Larry Kramer

Erwin Chemerinsky

No abstract provided.


Civil Rights, Erwin Chemerinsky 2017 Selected Works

Civil Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky 2017 Duke Law School

A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


A Failure To Communicate, Erwin Chemerinsky 2017 Selected Works

A Failure To Communicate, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


2003-2004 Supreme Court Update, Erwin Chemerinsky 2017 Duke Law School

2003-2004 Supreme Court Update, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen 2017 William & Mary Law School

Judicial Fact-Finding In An Age Of Rapid Change: Creative Reforms From Abroad, Allison Orr Larsen

Faculty Publications

No abstract provided.


Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg 2017 University of New Mexico School of Law

Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg

Cleveland State Law Review

In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be ...


The Trial Lawyer And The Reptilian Brain: A Critique, Louis J. Sirico, Jr. 2017 Villanova University Charles Widger School of Law

The Trial Lawyer And The Reptilian Brain: A Critique, Louis J. Sirico, Jr.

Cleveland State Law Review

This Article brings together neuroscience, cultural symbolism, and the strategies of practicing lawyers to critique the reptile strategy, now popular among trial lawyers. The strategy directs the lawyer to trigger the reptilian brains of jurors so that they react instinctively to threats to themselves and their communities. When humans feel threatened, the reptilian brain, the most primitive part of the brain, takes charge and instinctively controls human conduct. Therefore, if a lawyer can make a juror feel threatened, the lawyer makes an appeal to the juror’s reptilian brain and virtually assures a victory. Thus, a lawyer’s argument should ...


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 ...


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