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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, Carmella R. O'Hanlon 2020 Boston College Law School

Breaking Down The Wall Around Judicial Review In The Immigration Context: Examining Whether § 1252(G) Precludes Review Of Noncitizen Ftca Claims For Wrongful Removal In Violation Of A Court Order, Carmella R. O'Hanlon

Boston College Law Review

On August 9, 2018, the Ninth Circuit Court of Appeals in Arce v. United States held that a jurisdiction-stripping provision of the Immigration and Nationality Act does not preclude judicial review of damages claims brought by noncitizens. The Ninth Circuit’s holding opened the door for noncitizens who were wrongfully removed from the United States in violation of a court order or automatic stay to pursue damages. In doing so, the Ninth Circuit departed from the Eighth Circuit Court of Appeals, which held that the Act precluded noncitizens’ damages claims. This Comment argues that the Ninth Circuit’s holding was ...


Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo 2020 U.S. Indo-Pacific Command

Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo

International Law Studies

The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to ...


Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David McClure 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending claims in an ...


Cutting Off The Eu To Spite Its Face?: How To Promulgate The Uk’S Contractual Choice Of Law Rules To Ensure Stability Post-Brexit, Emma Coffey 2020 Boston College Law School

Cutting Off The Eu To Spite Its Face?: How To Promulgate The Uk’S Contractual Choice Of Law Rules To Ensure Stability Post-Brexit, Emma Coffey

Boston College Law Review

As the UK struggles to figure out what its relationship with the world will look like after leaving the EU, scholars attempt to predict how it will answer the many remaining questions. One of the questions that the UK will face is what to do with existing EU law and, in particular, Regulation 593/2008 (Rome I). This regulation sets out the choice of law rules for any contractual agreements that are disputed in the UK. The UK must grapple with how to distinguish the laws from the EU and reinforce parliamentary sovereignty while also keeping the laws consistent to ...


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher 2020 University of Georgia School of Law

Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher

Georgia Journal of International & Comparative Law

No abstract provided.


Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak 2020 University of Maine School of Law

Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak

Maine Law Review

The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that ...


Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak 2020 University of Maine School of Law

Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak

Maine Law Review

The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that ...


The Limited Power Of Federal Bankruptcy Courts To Stay Enforcement Of State Environmental Regulations, David A. Brenningmeyer 2020 University of Maine School of Law

The Limited Power Of Federal Bankruptcy Courts To Stay Enforcement Of State Environmental Regulations, David A. Brenningmeyer

Maine Law Review

Over the course of the past few decades, public awareness of privately created environmental hazards has risen. As a result, state and federal legislatures have been moved to enact comprehensive environmental laws that serve both to remedy past harms and to prevent future ones. Today, environmental statutes seek to correct and prevent public health hazards as diverse as groundwater contamination, toxic waste disposal, soil contamination, destruction of native plant and animal habitats, and air pollution, to name but a few. In addition, state and federal courts have permitted the invocation of common law theories, such as nuisance and trespass, to ...


Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley 2020 University of Maine School of Law

Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley

Maine Law Review

The pretrial process of discovery governed by Federal and Maine Rule of Civil Procedure 26 enables plaintiffs in product liability actions to delve where few people have delved before—into a corporation's internal memoranda, competitive practices, and secret product or design information as well as other less sensitive information in a company's possession. Discovery, in this context as in others, is a powerful tool determined by the courts to be necessary for the just litigation of claims. As a balance to the leeway given parties to compel production of information in discovery, federal and Maine courts have the ...


Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan 2020 Indiana University Maurer School of Law

Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan

Indiana Journal of Constitutional Design

Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the ...


Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell 2020 Peking University School of Transnational Law

Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell

Washington and Lee Law Review

State sovereignty, once seemingly sidelined in personal jurisdiction analysis, has returned with a vengeance. Driven by the idea that states must not offend rival states in their jurisdictional reach, some justices have looked for specific targeting of individual states as individual states by the defendant in order to justify an assertion of personal jurisdiction. To allow cases to proceed based on national targeting alone, they argue, would diminish the sovereignty of any state that the defendant had specifically targeted.

This Article looks for the first time at how this emphasis on state sovereignty limits national sovereignty, especially where alien defendants ...


Finding A “Home” For Unincorporated Entities Post-Daimler Ag V. Bauman, Susan Gilles, Angela Upchurch 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Finding A “Home” For Unincorporated Entities Post-Daimler Ag V. Bauman, Susan Gilles, Angela Upchurch

Nevada Law Journal

No abstract provided.


Standing On The Wrong Side: Hernandez V. Mesa And Bivens Remedies In The Context Of Cross-Border Shootings By Federal Law Enforcement, Meg Green 2020 Boston College Law School

Standing On The Wrong Side: Hernandez V. Mesa And Bivens Remedies In The Context Of Cross-Border Shootings By Federal Law Enforcement, Meg Green

Boston College Law Review

Bivens claims provide individual plaintiffs the ability to seek civil remedies for violations of their constitutional rights by federal actors. In March of 2018, the Fifth Circuit held, in Hernandez v. Mesa, that a Bivens remedy was unavailable where a Border Patrol officer standing in the United States shot and killed a Mexican citizen on the other side of the border. In August of 2018, with nearly identical facts, the Ninth Circuit, in Rodriguez v. Swartz, split from the Fifth Circuit by holding that a Bivens remedy was indeed available for an extra-territorial shooting. This Comment acknowledges that the Fifth ...


The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam 2020 North South University, Bangladesh

The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam

Georgia Journal of International & Comparative Law

No abstract provided.


Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School of Law, Michael M. Bowden, Andrea Hansen 2020 Roger Williams University School of Law

The 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration Keynote Address 1-28-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.


Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson 2020 University of Georgia School of Law

Internet Extraterritoriality: Has Canada Reached Too Far Beyond Its Borders?, Sydney Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


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