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To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta 2016 University of Western Ontario, Faculty of Law

To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta

Western Journal of Legal Studies

In December 2015, the government of Ontario introduced the Fertility Program, a plan to publicly fund in vitro fertilization (IVF). The Fertility Program seeks to use the advanced reproductive technology to reduce the occurrence of multiple births and to increase access to fertility treatments. This paper does not argue that IVF should not be publicly funded at all, but rather posits that in a time when the government is restricting healthcare spending, scarce resources must be allocated appropriately. The Ontario government has failed to craft a cost-effective funding program to maximize these limited resources by expanding the role of healthcare ...


The Theory Of Municipal Custom And Practice, Karen Blum 2016 Touro College Jacob D. Fuchsberg Law Center

The Theory Of Municipal Custom And Practice, Karen Blum

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass 2016 Touro College Jacob D. Fuchsberg Law Center

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Brief Of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould Iv, Michael C. Harper, Stewart J. Schwab And Theodore J. St. Antoine, As Amici Curiae In Support Of Respondents Friedrichs V. California Teachers Assn., No. 14-915, Samuel Estreicher 2016 NYU School of Law

Brief Of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould Iv, Michael C. Harper, Stewart J. Schwab And Theodore J. St. Antoine, As Amici Curiae In Support Of Respondents Friedrichs V. California Teachers Assn., No. 14-915, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

The public sector employer has an interest in maintaining uniform terms and conditions for similarly-situated employees. There are essentially two approaches open to the employer for setting these terms. One is unilateral management determination, perhaps with the help of a sophisticated human resources office. The second approach is to develop these terms in consultation with the affected employees. The latter is best accomplished when employees feel they can identify their preferences and concerns without fear of retaliation. This collective employee voice function requires independent employee organization.

On the question of funding for such organizations, if management or the state otherwise ...


Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye 2016 College of William & Mary Law School

Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye

William & Mary Business Law Review

Classifying an item as commercial reduces the government’s ability to ask for information to determine whether prices are fair or reasonable, based on the assumption that these prices would e shaped by market forces. Since changes in procurement laws in the 1990s, contractors seem to want all items, as well as the entities that sell these items, to be listed as commercial. Contractors push for items to be labeled as commercial so they can avoid nearly all oversight and transparency requirements, which often results in the government buying blindly.


Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino 2016 Fordham Law School

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino

Fordham Urban Law Journal

The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem ...


Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman 2016 American University Washington College of Law

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.


The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna 2015 University of San Francisco

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using ...


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.


Security And Privacy Implications Of E-Procurement In The Ttip, W. Gregory Voss 2015 Toulouse Business School

Security And Privacy Implications Of E-Procurement In The Ttip, W. Gregory Voss

W. Gregory Voss

This Chapter has been adapted and developed from the author's presentation about security and privacy implications of e-procurement, as it could be handled in the TTIP, at an international seminar held on May 27, 2015 at the Barcelona Centre for International Affairs (CIDOB) - a think tank ranked number 1 in Spain and number 15 in Western Europe by the 2014 University of Pennsylvania Global Go To Think Tank Index Report (http://repository.upenn.edu/cgi/viewcontent.cgi?article=1008&context=think_tanks).


Comments On Public Lands: Title Transfer Proposals, Chuck Howe 2015 University of Colorado Law School

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.


A Discussion Of Contract Types And The Mixed Oxide (Mox) Fuel Fabrication Facility (Mfff) At The Savanah River Site.Docx, DOUGLAS HENDERSON 2015 Selected Works

A Discussion Of Contract Types And The Mixed Oxide (Mox) Fuel Fabrication Facility (Mfff) At The Savanah River Site.Docx, Douglas Henderson

DOUGLAS J HENDERSON

Acting in good faith, and in order to ensure that the MFFF is completed in the most cost-effective and timely fashion, while meeting the United States Nuclear Regulatory Commission’s enforced NQA-1 quality requirements, an unbiased evaluation of commonly utilized contract types in the construction industry follows.  The purpose of the evaluation of contract types is to ensure that MOX Services is appropriately using T&M contracting for those selected few contracts, while also placing the special emphasis on a working product built to specification and delivered “at the earliest practicable date.” SEE MFFF Prime Contract.



Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal Patel 2015 University of Michigan - Dearborn

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal Patel

Nehal A. Patel

Abstract

Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world.

I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay ...


The Paradox Of Federal Sector Labor Relations: Voluntary Unionism Without Collective Bargaining Over Wages And Employee Benefits, Samuel Estreicher 2015 NYU School of Law

The Paradox Of Federal Sector Labor Relations: Voluntary Unionism Without Collective Bargaining Over Wages And Employee Benefits, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

Federal sector unionism is a paradox. Despite the outlawry of union-security provisions and strikes, sharp limits on the scope of collective bargaining (outside the U.S. Postal Service and airport air traffic controllers), and the absence of card-check certification, federal employees join unions and pay dues. The union membership rate is lower than in state and local governments but considerably higher than in the private sector. Somewhat fewer employee pay dues than are covered by collective agreements but the free-riding effect is smaller than one would expect. The federal sector suggests a model of relatively low-stakes unionism and collective bargaining ...


The Paradox Of Federal Sector Labor Relations: Voluntary Unionism Without Collective Bargaining Over Wages And Employee Benefits, Samuel Estreicher 2015 NYU School of Law

The Paradox Of Federal Sector Labor Relations: Voluntary Unionism Without Collective Bargaining Over Wages And Employee Benefits, Samuel Estreicher

New York University Law and Economics Working Papers

Federal sector unionism is a paradox. Despite the outlawry of union-security provisions and strikes, sharp limits on the scope of collective bargaining (outside the U.S. Postal Service and airport air traffic controllers), and the absence of card-check certification, federal employees join unions and pay dues. The union membership rate is lower than in state and local governments but considerably higher than in the private sector. Somewhat fewer employee pay dues than are covered by collective agreements but the free-riding effect is smaller than one would expect. The federal sector suggests a model of relatively low-stakes unionism and collective bargaining ...


University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, Brian Krumm 2015 University of Tennessee - Knoxville

University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, Brian Krumm

Brian K Krumm

A great deal has been written over the years commenting on the strengths and weaknesses of the current system by which federal research funding has not produced the ideal results in terms of commercialization of inventions which are developed from such funding. The Bayh-Doyle Act was enacted in an attempt to provide a single uniform national policy which would cut through the government bureaucracy and encourage collaboration between universities and private industry to ensure that federally funded, commercially viable inventions were brought to market in an efficient manner. The question remains however, with the myriad of competing political and economic ...


Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein 2015 Schiefelbein GDR

Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein

Les Schiefelbein

Virtually every national government has a state secrets doctrine. The doctrine is best defined as “any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of a government.”

Let me give state secrets some practical context and review how it is applied in the United Kingdom, the United States and France.

The best aviation description of my comments on state secrets is “Engines By GE, Body By Houdini.” The illusionist reference is an aviation descriptor of stealth airplanes whose invisibility to radar detection is like the state secret doctrine ...


Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova 2015 Cornell University Law School

Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova

Saule T. Omarova

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven Schwinn 2015 John Marshall Law School

The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven Schwinn

Steven D. Schwinn

No abstract provided.


Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis 2015 University of Colorado Law School

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides


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