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A Bibliography Of Faculty Scholarship, Kathryn J. DuFour Law Library 2022 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Kathryn J. Dufour Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Cole Recognized As “Reviewer Of The Year” For Prestigious Economics Journal, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Cole Recognized As “Reviewer Of The Year” For Prestigious Economics Journal, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A Maurer School of Law faculty member has been recognized for his contributions to reviewing interdisciplinary research for the Journal of Institutional Economics. Professor Dan Cole, Robert H. McKinney Professor of Law and a senior fellow with the Ostrom Workshop, was named one of three “Reviewers of the Year” by the journal on Wednesday (Sept. 7). The announcement was made during the annual World Interdisciplinary Network for Institutional Research (WINIR) Conference. The award, which comes with a £400 prize, recognizes outstanding reviewers for the journal.


What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial 2022 Northwestern University - Pritzker School of Law

What Mcculloch V. Maryland Got Wrong: The Original Meaning Of 'Necessary' Is Not 'Useful', 'Convenient', Or 'Rational', Steven Calabresi, Gary S. Lawson, Elise Kostial

Faculty Scholarship

McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . for carrying into Execution” a federal power ...


Law Society Regulation And The Lawyer-Academic, Andrew Flavelle Martin 2022 Dalhousie University, Schulich School of Law

Law Society Regulation And The Lawyer-Academic, Andrew Flavelle Martin

Dalhousie Law Journal

Can, and should, law societies regulate and discipline lawyers for their teaching and research? This article explores these largely overlooked but critically important questions in order to establish a foundation for further debate and discussion by lawyers, legislators, and law societies. It argues that professionalism precludes only low-value teaching and research—teaching and research with little pedagogical or epistemic value such that it is unlikely or unworthy to be protected by academic freedom—and that any chilling effect on lawyer-academics comes as much from uncertainty as from actual danger of regulatory consequences. The author concludes that law societies and other ...


Law Library Blog (August 2022): Legal Beagle's Blog Archive, Roger Williams University School of Law 2022 Roger Williams University

Law Library Blog (August 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Table Of Contents & Masthead, Anne McCarthy 2022 Pepperdine University

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.


Law Article By Prof. Rob Fischman Selected For Land Use & Environmental Law Review, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Law Article By Prof. Rob Fischman Selected For Land Use & Environmental Law Review, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Kat Grant, ’22, Earns Prestigious Equal Justice Works Fellowship, James Owsley Boyd 2022 Maurer School of Law - Indiana University

Kat Grant, ’22, Earns Prestigious Equal Justice Works Fellowship, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Draft State Legislation: Agricultural Energy Net Metering & Power Purchasing, Samuel C. Kessler, Austin Gabhart 2022 Commonwealth Policy Coalition, University of Louisville Chapter

Draft State Legislation: Agricultural Energy Net Metering & Power Purchasing, Samuel C. Kessler, Austin Gabhart

Commonwealth Policy Papers

This draft legislation was first authored by Commonwealth Policy Coalition Associates Samuel Kessler and Austin Gabhart in 2018, and is now published in 2022 to provide a method of creating improved Agricultural Net Metering and Power Purchase Agreements for agriculture-based energy developments. Shortly after this time, the Commonwealth of Virginia passed similar legislation directly dealing with renewable Net Metering and eventually Power Purchase Agreements in an agricultural context. Those especially in states which do not have Renewable Energy Portfolios which may or may not entail concerns with those portfolios and stakeholders in the nonrenewable industry are urged to consider implementation ...


Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly 2022 Commonwealth Policy Coalition, University of Louisville

Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly

Commonwealth Policy Papers

This draft legislation was sponsored in the 2022 session of the KY General Assembly as HB 718.


Draft Legislation: A Novel Policy System Of Income & Refundable Property Tax Credits For Sustainable Use Of “Keystone” Stillage And Spent Grain Wastes To Stop Pollution And Surge Business Growth, Samuel C. Kessler 2022 Commonwealth Policy Coalition, University of Louisville Chapter

Draft Legislation: A Novel Policy System Of Income & Refundable Property Tax Credits For Sustainable Use Of “Keystone” Stillage And Spent Grain Wastes To Stop Pollution And Surge Business Growth, Samuel C. Kessler

Commonwealth Policy Papers

This draft bill originally formatted by the KY Legislative Research Commission is the minimum text necessary to enact the policy described in the CPP whitepaper publication "Support New Business to Solve Old Problems with Kentucky’s Keystone Waste from Bourbon & Brewing". This publication is also known by the subtitle " A novel policy system of income & refundable property tax credits for sustainable use of Kentucky’s “keystone” wastes – stillage and spent grain - designed to stop pollution risk and surge business growth across the Commonwealth".

Any and all legislative bodies are encouraged to use the attached legislation as the basis for introducing ...


Support New Business To Solve Old Problems With Kentucky’S Keystone Waste From Bourbon & Brewing, Samuel C. Kessler 2022 Commonwealth Policy Coalition, University of Louisville Chapter

Support New Business To Solve Old Problems With Kentucky’S Keystone Waste From Bourbon & Brewing, Samuel C. Kessler

Commonwealth Policy Papers

Provided here is a policy solution from the backside of Kentucky bourbon and brewing to upcycle Kentucky’s “keystone” wastes and grow businesses in the process. Potential effects range from removing the bottleneck on bourbon production and producing GHG-friendly biogas to lowering the price of milk.This full whitepaper brief provides an incentive model for keystone wastes which have a provider and a use. It is equally applicable for policymakers or advocates wishing to place a policy incentive behind waste-to-product upcycling, businesses involved with methane sequestration & renewable biogas energy, and shifting regulatory and penalizing models of pollution into incentive model ...


A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler 2022 Commonwealth Policy Coalition

A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C. Kessler

Commonwealth Policy Papers

Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural ...


Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School of Law 2022 Roger Williams University

Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves 2022 Clemson University

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

All Dissertations

Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to ...


Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith 2022 Unity Hunt, Inc., Dallas

Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith

Arkansas Law Review

It is an exciting time for the Arkansas Law Review, the School of Law, and the University of Arkansas. The journal is celebrating its 75th anniversary, the law school is approaching its 100th year of existence, and the university recently celebrated its 150th birthday.


Table Of Contents & Masthead, Anne McCarthy 2022 Pepperdine University

Table Of Contents & Masthead, Anne Mccarthy

Pepperdine Law Review

No abstract provided.


W&L Law Library Newsletter, Vol. 1, Iss. 2 (Apr. 2022), The Law Library at Washington and Lee University School of Law 2022 The Law Library at Washington and Lee University School of Law

W&L Law Library Newsletter, Vol. 1, Iss. 2 (Apr. 2022), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 1, Issue 2 (April 2022).


Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School of Law 2022 Roger Williams University

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Unqualified Immunity And The Betrayal Of Butz V. Economou: How The Supreme Court Quietly Granted Federal Officials Absolute Immunity For Constitutional Violations, Patrick Jaicomo, Anya Bidwell 2022 Penn State Dickinson Law

Unqualified Immunity And The Betrayal Of Butz V. Economou: How The Supreme Court Quietly Granted Federal Officials Absolute Immunity For Constitutional Violations, Patrick Jaicomo, Anya Bidwell

Dickinson Law Review

Qualified immunity has been the subject of well-deserved scorn in recent years as a legal mechanism that shields government officials from constitutional accountability. But its shadow has hidden another mechanism that provides an unqualified immunity from constitutional accountability. That de facto absolute immunity extends to federal officials in all but a vanishingly few contexts where claims are still permitted under the 1971 Supreme Court decision Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. But it was not always that way. In its 1978 decision Butz v. Economou, the Supreme Court permitted Bivens claims to proceed against a ...


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