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11,270 full-text articles. Page 1 of 211.

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton 2020 Seattle University School of Law

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


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

No abstract provided.


The Secret Sauce Of Ballot Initiative Approval: Eliminating Issues Within Arkansas's Pre-Circulation Review, Nancy Smith 2020 University of Arkansas, Fayetteville

The Secret Sauce Of Ballot Initiative Approval: Eliminating Issues Within Arkansas's Pre-Circulation Review, Nancy Smith

Arkansas Law Review

As Justice Thurgood Marshall once said, “Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.” Democracy is essential to the American political system. Direct democracy, however, exists in only twenty-four states. Known as citizen lawmaking, direct democracy allows citizens to place constitutional amendments and statutes on statewide ballots without legislative support or intervention. It places power directly into the hands of citizens through a petition process that cumulates in voters making the ultimate decision.


Regulatory Abdication In Practice, Cary Coglianese 2020 University of Pennsylvania Law School

Regulatory Abdication In Practice, Cary Coglianese

Faculty Scholarship at Penn Law

“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor ...


Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd 2020 Maurer School of Law: Indiana University

Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd

Indiana Journal of Constitutional Design

In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best ...


Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin 2020 University of Pennsylvania Law School

Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin

Faculty Scholarship at Penn Law

As much as environmental problems manifest themselves as problems with the natural environment, environmental problems--and their solutions--are ultimately social and behavioral in nature. Just as the natural sciences provide a basis for understanding the need for environmental policy and informing its design, the social sciences also contribute in significant ways to the understanding of the behavioral sources of environmental problems, both in terms of individual incentives and collective action challenges. In addition, the social sciences have contributed much to the understanding of the ways that laws and other institutions can be designed to solve environmental problems. In this paper, we ...


How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne 2020 University of Pennsylvania Law School

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

Faculty Scholarship at Penn Law

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...


Administrative Law: Whose Job Is It Anyway?, Allison Mather 2020 Pepperdine University

Administrative Law: Whose Job Is It Anyway?, Allison Mather

Pepperdine Law Review

This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.


When Rubber Meets The Road: Balancing Innovation And Public Safety In The Regulation Of Self-Driving Cars, Spencer A. Mathews 2020 Boston College Law School

When Rubber Meets The Road: Balancing Innovation And Public Safety In The Regulation Of Self-Driving Cars, Spencer A. Mathews

Boston College Law Review

The prospect of self-driving vehicles operating on our roadways brings with it both promise and risks. One of the most prominent risks is ensuring that an appropriate regulatory scheme is in place to permit manufacturers to test and deploy self-driving cars on public roadways while minimizing safety threats to the public. Currently, self-driving cars are operating under a regulatory framework designed for vehicles driven by humans. Legislative proposals have been put forth to remove barriers and adjust the present self-certification model of compliance to fit self-driving cars. This Note explores the current state of the regulatory system for self-driving cars ...


Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad 2020 Boston College Law School

Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad

Boston College Law Review

The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist interests within the United States tend to prevent similar crimes committed in the name of, for example, right-wing terrorism to be convicted under the terrorism section of the criminal code. In light of the threat posed by domestic terrorism and other trends in the political and cultural ethos, the current state ...


The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor 2020 DePaul University

The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor

DePaul Journal for Social Justice

No abstract provided.


Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold 2020 DePaul University

Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold

DePaul Journal for Social Justice

No abstract provided.


“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan 2020 DePaul University

“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan

DePaul Journal for Social Justice

No abstract provided.


The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow 2020 DePaul University

The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow

DePaul Journal for Social Justice

No abstract provided.


"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager 2020 DePaul University

"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2020 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Letter From The Editors, 2020 DePaul University

Letter From The Editors

DePaul Journal for Social Justice

No abstract provided.


Golden Parachutes And The Limits Of Shareholder Value, Albert H. Choi, Andrew C.W. Lund, Robert Schonlau 2020 University of Michigan Law School

Golden Parachutes And The Limits Of Shareholder Value, Albert H. Choi, Andrew C.W. Lund, Robert Schonlau

Articles

With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, Congress attempted to constrain change-in-control payments (also known as “golden parachutes”) by giving shareholders the right to approve or disapprove such payments on an advisory basis. This Essay is the first to empirically examine the experience with the Say-on-Golden-Parachute (“SOGP”) vote. We find that unlike shareholder votes on proposed mergers, there is a significant amount of variation with respect to votes on golden parachutes. Notwithstanding the variation, however, the SOGP voting regime is likely ineffective in controlling golden parachute (“GP”) compensation. First, proxy advisors seem ...


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman 2020 Purdue University

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except ...


Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle 2020 Elisabeth Haub School of Law at Pace University

Public-Private Partnerships And Smart Growth: A Legislative Tool Kit For Public- Infrastructure Projects, Emma Lagle

Pace Environmental Law Review

No abstract provided.


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