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Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton 2019 University of Maine School of Law

Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton

Ocean and Coastal Law Journal

Many people assume that access rights to public resources are unwavering. Two Maine Supreme Judicial Court cases concerning limitations to public access to Maine beaches rebut this assumption. In his book, Maine's Beaches Are Public Property: The Bell Cases Must Be Reexamined, Professor Orlando E. Delogu challenges the modifications to public beach access that resulted from these two cases. This Review focuses on the historical and legal arguments that Professor Delogu presents as justification for the reversal of the Bell cases. Professor Delogu gives compelling reasons for his take on the Bell cases and why the State of Maine ...


Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry 2019 Pepperdine University

Table Of Contents & Pepperdine Law Review Masthead, Colten Stanberry

Pepperdine Law Review

No abstract provided.


Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker 2019 University of Michigan Law School

Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 1), Edward R. Becker

Articles

Every fall, I work with my first year law students to begin developing their legal writing skills. They work hard learning how to analyze cases objectively, predict how a court might resolve a dispute, and convey their assessments to an experienced attorney. Their improvement from September to December is noticeable. They have only one semester of law school behind them and still have much to learn, but they’re on their way…In the second semester, we begin focusing on advocacy. The first assignment asks students to draft a pretrial brief. When I review the drafts, I’m struck by ...


Special Issue, December 2018, 2019 James Madison University

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic Competition in Kosovo.

65 – 87 Saranda Leka and ...


Stylish Legal Citation, Alexa Z. Chew 2019 University of North Carolina School of Law

Stylish Legal Citation, Alexa Z. Chew

Working Papers

Can legal citations be stylish? Is that even a thing? Yes, and this Article explains why and how. The usual approach to writing citations is as a separate, inferior part of the writing process, a perfunctory task that satisfies a convention but isn’t worth the attention that stylish writers spend on the “real” words in their documents. This Article argues that the usual approach is wrong. Instead, legal writers should strive to write stylish legal citations—citations that are fully integrated with the prose to convey information in a readable way to a legal audience.

Prominent legal style expert ...


Justice Kennedy And The First Amendment, David L. Hudson Jr. 2019 Belmont University - College of Law

Justice Kennedy And The First Amendment, David L. Hudson Jr.

Law Faculty Scholarship

This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment jurisprudence. These include his calls for absolute protection for pure political speech, his strong protection for commercial speech, his distaste for campaign finance reform laws that censored speech, his general concern for the silencing of sexual expression, his coercion test in Establishment Clause cases, and his significant failure in the public-employee free-speech decision Garcetti v. Ceballos.


Long Term Solutions To The Short-Term Problem: An Analysis Of The Current Legal Issues Related To Airbnb And Similar Short-Term Rental Companies With A Proposed Model Ordinance, Richard W.F. Swor 2019 Belmont University - College of Law

Long Term Solutions To The Short-Term Problem: An Analysis Of The Current Legal Issues Related To Airbnb And Similar Short-Term Rental Companies With A Proposed Model Ordinance, Richard W.F. Swor

Belmont Law Review

Airbnb and the short-term rental market have revolutionized the way that we travel and book accommodations, and now they are beginning to require cities to revolutionize their laws. This note argues that cities should adopt an ordinance that addresses health and safety, zoning, permitting, and taxation in an enforceable way by drawing on ideas already implemented in other cities such as Chicago, San Francisco, Nashville, and Portland. In support of this conclusion, this note begins in Section I by discussing the history of vacation rentals and the sharing economy as a whole, before discussing Airbnb more specifically. Section II then ...


The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle 2019 Southern University Law Center

The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle

Belmont Law Review

While this article focuses almost exclusively on the Isle de Jean Charles relocation, it hopes to be useful to other climate induced relocations. Section I begins with a discussion of the two major factors contributing to the disappearance of Louisiana’s coast, the blocking of the Mississippi River and the oil industry. In Section II, the article provides an overview of federal recognition, a short history of Louisiana’s coastal tribes, and how being denied federal recognition has impacted them. Section III compares federal Indian law with the rights of indigenous peoples under international law, along with a discussion of ...


At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt 2019 Georgetown University - School of Nursing & Health Studies

At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt

Belmont Law Review

American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN tells a story of poverty and relatively low life expectancy, proportionately high incidences of disease, high rates of incarceration, and prolific alcohol and substance abuse. AI/ANs are incarcerated at a higher rate proportionately than their white counterparts. They experience harsher sentences, due in ...


Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti 2019 U.S. Department of Housing and Urban Development

Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti

Belmont Law Review

This article will discuss the work of sociologist Max Weber, pioneer of the term “life chances,”and how the field of life chances has been adopted and expanded into placed-based theories such as “neighborhood effects” and the “geography of opportunity.” This article will then give a brief overview of the purpose of the Fair Housing Act and how its passage was not meant simply to combat offensive behavior, but to increase residential mobility. This article will also discuss how “lost housing opportunity” has previously been used by the courts. This section of the article will include a discussion of United ...


A Sticky Situation: The Unconstitutional Qualification Of The Right To Bear Arms By The Federal Government Against Law-Abiding Medical Marijuana Patients, Luke C. Waters 2019 Belmont University

A Sticky Situation: The Unconstitutional Qualification Of The Right To Bear Arms By The Federal Government Against Law-Abiding Medical Marijuana Patients, Luke C. Waters

Belmont Law Review

Medical marijuana law and policy is at a crossroads in America. On the one hand, it appears the field has achieved a level of legitimacy it so desperately sought, as more than 30 states, territories, and districts have enacted comprehensive medical marijuana programs in the past two decades. In spite of these gains, medical marijuana is often still characterized as little more than a joke or an excuse to lend drug abusers an unearned air of legitimacy. Standing in stark contrast to medical marijuana, the right to bear arms, and firearms by virtue of the association, is afforded rarified status ...


“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza 2019 University of Memphis - Cecil C. Humphreys School of Law

“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza

Belmont Law Review

As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic Jurisprudence (TJ), with its focus on laws, legal processes, and legal actors, and the extent to which they can be therapeutic or antitherapeutic, is a fitting academic vantage point. The TJ repertoire of principles and techniques and the “genius loci,” a spirit of time and place which comes from the field ...


Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch 2019 Belmont University - College of Law

Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch

Belmont Law Review

This Note argues that the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, should include a definition of long-term English learner (“LTEL”), and, additionally, set a minimum expectation for states and school districts that all English learner students achieve English Language Proficiency within a maximum of five years. It proceeds in four parts: Part I provides an overview of the English Learner population and discusses the current opportunities and obstacles of this population. Part II explores prevailing research on English learners, particularly as it relates to English language acquisition rates, which has shaped policy decisions ...


Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin 2019 Belmont University - College of Law

Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin

Belmont Law Review

Our country is plagued by a uniquely American epidemic whereby women are shot to death by partners who say they love them. While domestic violence is a complex matter and preventing domestic abuse and domestic violence-related fatalities seems like a daunting task, the first steps are relatively simple: (1) close persistent gaps in existing firearms laws that allow dangerous abusers to obtain and continue to possess firearms, and (2) enforce existing laws regarding firearms. Ensuring that domestic abusers do not have access to deadly weapons is an evidence-based strategy to protect vulnerable victims of an otherwise seemingly unending cycle of ...


Ask A Director Making The Library More Accessable, Lorelle Anderson 2019 Florida Agricultural and Mechanical University

Ask A Director Making The Library More Accessable, Lorelle Anderson

Library Faculty Publications

No abstract provided.


Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School of Law 2019 Roger Williams University

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


State Regulation Of Generic Drug Price Gouging, Philip FitzGerald 2019 Belmont University - College of Law

State Regulation Of Generic Drug Price Gouging, Philip Fitzgerald

Belmont Health Law Journal

This note acknowledges that the high cost of drugs, both generic and patented, is an important issue for patients and policy makers alike. This note focuses solely on generic drugs, as the rights of drug patent holders are protected by the Copyright Clause of the United States Constitution, which this note does not seek to address. Additionally, although the cost of drugs can be heavily impacted by Congress and federal regulatory agencies such as the Department of Health and Human Services and the Food and Drug Administration, this note will only look at the measures being taken by legislatures at ...


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew McDonald, Julie Watson Lampley, Kim Looney, Craig Stewart 2019 Bradley Arant Boult Cummings, LLP

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew Mcdonald, Julie Watson Lampley, Kim Looney, Craig Stewart

Belmont Health Law Journal

A transcript of the Industry Perspectives panel discussion held during the Belmont Health Law Journal 2018 Symposium: “All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform”.


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #1, Jeremy Faison 2019 Tennessee House of Representatives

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #1, Jeremy Faison

Belmont Health Law Journal

I'm going to talk to you about the legal justification for Tennessee to expand cannabis for certain sick Tennesseans. I believe I can prove to you if I had enough time that a prohibition on the cannabis plant was an unjust law from the beginning. So first of all the justification of what I'm doing, the justification starts with one thing. First of all, it was prevalent and commonplace in society for 5,000 years that we can trace humankind and nothing was bad. The next justification of what I'm doing is: America is there. In a ...


All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro 2019 Tennessee Senate

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro

Belmont Health Law Journal

I'm going to talk a little bit about just the big changes in the way that we make healthcare policy at the state and local level. The daily barrage of political information, the shutdown scandals, the tweets and tantrums on Cable News, make it difficult to see what I think have been some pretty big shifts in the water that makes up the way that we actually make healthcare policy and maybe lots of other policy. And if we're going to continue on this pathway, where not only do we have an expansion/non-expansion divergence, then we have ...


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