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Environmental Law Outside The Canon, Todd S. Aagaard 2014 Maurer School of Law: Indiana University

Environmental Law Outside The Canon, Todd S. Aagaard

Indiana Law Journal

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate ...


Loi Fondamentale Pour La Science Et La Technologie, Matthieu Forlodou 2014 SelectedWorks

Loi Fondamentale Pour La Science Et La Technologie, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi fondamentale n° 130 pour la science et la technologie, du 15 novembre 1995.


Incentives For Bone Marrow, Alexander Davis 2014 Georgia State University

Incentives For Bone Marrow, Alexander Davis

Georgia State Undergraduate Research Conference

No abstract provided.


The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener 2014 SelectedWorks

The Presentment Clause Meets The Suspension Power: The Affordable Care Act’S Long And Winding Road To Implementation, Mitchell Widener

Mitchell Widener

The presentment clause MEETs the Suspension Power: The Affordable Care Act’s Long and Winding Road to Implementation

Mitchell J. Widener

Abstract

To enact a law, the Presentment Clause of the Constitution mandates that both Houses of Congress present a bill to the President who either signs it into law or vetoes it. The Founders included this provision to prevent presidents from emulating King James II, who would routinely suspend Parliament’s laws to favor political constituents. Additionally, the Presentment Clause served to enhance the separation-of-powers principle implied in the Constitution.

Within the past year, President Obama has suspended multiple ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson 2014 SelectedWorks

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Loi Sur L'Autopsie Et La Conservation Des Cadavres, Matthieu Forlodou 2014 SelectedWorks

Loi Sur L'Autopsie Et La Conservation Des Cadavres, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 204, du 10 octobre 1949, sur l'autopsie et la conservation des cadavres.


Loi Relative Aux Cimetières Et Aux Funérailles, Matthieu Forlodou 2014 SelectedWorks

Loi Relative Aux Cimetières Et Aux Funérailles, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 48, du 31 mai 1948, relative aux cimetières et aux funérailles.


Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner 2014 University of Massachusetts School of Law

Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner

University of Massachusetts Law Review

Anaerobic digestion technology uses microorganisms to consume waste and produce methane gas, which serves as a source of clean renewable energy. Although anaerobic digestion is widely used for both purposes throughout the rest of the world, it is rarely applied in the United States. This Article explains the scientific processes of anaerobic digestion. It then discusses how anaerobic digestion has been used throughout history and among societies as a waste management technology and source of renewable energy. The Article continues by addressing the legal aspects of anaerobic digestion, examining the reasons why it is not widely used in the United ...


Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot 2014 University of Massachusetts School of Law

Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot

University of Massachusetts Law Review

This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal ...


Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper 2014 Maurer School of Law: Indiana University

Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper

Indiana Law Journal

As the legalization of same-sex marriage spreads across the states, some religious believers refuse to serve same-sex married couples. In the academy, a group of law and religion scholars frames these refusals as “conscientious objection” to the act of marriage. They propose “marriage conscience protection” that would allow public employees and private individuals or businesses to refuse to “facilitate” same-sex marriages. They rely on the theoretical premise that commercial actors’ objections to marriage are equivalent to doctors’ objections to controversial medical procedures. They model their proposal on medical conscience legislation, which allows doctors to refuse to perform abortions. Such legislation ...


The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen 2014 University of Georgia School of Law

The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen

Scholarly Works

The U.S. Senate’s handling of filibusters has changed dramatically in recent decades. As a result, the current sixty-vote requirement for invoking cloture of debate does not produce protracted speechmaking on the Senate floor, as did predecessors of this rule in earlier periods of our history. Rather, the upper chamber now functions under a “stealth filibuster” system that in practical effect requires action by a supermajority to pass proposed bills. This Article demonstrates why this system offends a constitutional mandate of legislative majoritarianism in light of well-established Framing-era understandings and governing substance-over-form principles of interpretation. Having established the presence ...


What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin 2014 University of Michigan Law School

What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin

University of Michigan Journal of Law Reform

The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be ...


Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus 2014 University of Michigan Law School

Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus

University of Michigan Journal of Law Reform

The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it ...


Copy And Paste: Transplanting International Hiv/Aids Model Laws Into African Countries, Maya Berinzon 2014 SelectedWorks

Copy And Paste: Transplanting International Hiv/Aids Model Laws Into African Countries, Maya Berinzon

Maya Berinzon

There has been a recent boon of legislative and regulatory frameworks to govern HIV in Africa. This includes rules on when and how a health practitioner may disclose the HIV status of a patient to a spouse or sexual partner. In balancing the right to privacy against a doctor's duty of care, two international model laws have emerged, and have been copied in whole, or in part, by a number of African countries. This paper questions the usefulness of such model laws as legal transplants in national legislatures through analysis of the regulations developed in thirty-two African countries.


Racking Up The Money: A Solution To The Ongoing Battle Between Rico And The Revenue Rule, Kye C. Handy 2014 SelectedWorks

Racking Up The Money: A Solution To The Ongoing Battle Between Rico And The Revenue Rule, Kye C. Handy

Kye C Handy

The Revenue Rule, a common law rule from British court systems, prevents foreign countries from bringing claims in the United States to enforce or adjudicate tax claims that did not happen in the United States. The Supreme Court in Pasquantino v. United States held that Canada’s right to collect imported liquor taxes was not barred by the Revenue Rule. However, the Second Circuit in European Community v. RJR Nabisco Inc., ruled the European Union and Colombia could not recover lost tax money or enforcement costs from cigarette smuggling under RICO because of the Revenue Rule. The European Community petitioned ...


La Loi, N° 85, Du 27 Novembre 2013 Sur La Médecine Régénérative, Matthieu Forlodou 2014 SelectedWorks

La Loi, N° 85, Du 27 Novembre 2013 Sur La Médecine Régénérative, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 85, du 27 novembre 2013, visant à garantir l'innocuité de la médecine régénérative.


Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary 2014 University of Massachusetts School of Law

Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary

University of Massachusetts Law Review

Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product ...


Catalogs, Gideon Parchomovsky, Alex Stein 2014 University of Pennsylvania Law School

Catalogs, Gideon Parchomovsky, Alex Stein

Faculty Scholarship

It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...


The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer 2014 Seattle University School of Law

The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer

Seattle University Law Review

Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 ...


You Booze, You Bruise, You Lose: Analyzing The Constitutionality Of Florida’S Involuntary Blood Draw Statute In The Wake Of Missouri V. Mcneely, Francisco D. Zornosa 2014 SelectedWorks

You Booze, You Bruise, You Lose: Analyzing The Constitutionality Of Florida’S Involuntary Blood Draw Statute In The Wake Of Missouri V. Mcneely, Francisco D. Zornosa

Francisco D Zornosa

No abstract provided.


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