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Environmental Law Outside The Canon, Todd S. Aagaard 2017 Villanova University School of Law

Environmental Law Outside The Canon, Todd S. Aagaard

Todd S Aagaard

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 ...


A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena 2017 Seattle University School of Law

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena

Seattle University Law Review

Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the ...


Exercise The Power, Play By The Rules: Why Popular Exercise Of Legislative Power In Maine Should Be Constrained By Legislative Rules, Jeremy R. Fischer 2017 University of Maine School of Law

Exercise The Power, Play By The Rules: Why Popular Exercise Of Legislative Power In Maine Should Be Constrained By Legislative Rules, Jeremy R. Fischer

Maine Law Review

As a candidate for the Maine House of Representatives (House Candidate) stands patiently on the podium at a political rally, she smiles and waves to supporters as she is introduced. She then steps to the microphone and begins an impassioned recitation of her campaign platform: improving education in Maine's schools, providing health insurance to the uninsured, and adequately funding state agencies to protect the environment. She concludes with a shrewd but simple promise-"Read my lips: no new taxes!" The crowd roars. This is what makes Americans hate politics and politicians-unrealistic and untenable campaign promises. House Candidate is hardly ...


Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota 2017 St. John's University School of Law

Bray V. Alexandria Women's Health Clinic: Abortion Protesters Are Not Liable Under The Ku Klux Klan Act, Sue Mota

The Catholic Lawyer

No abstract provided.


Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll 2017 University of Maine School of Law

Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll

Maine Law Review

Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his ...


Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan 2017 St. John's University School of Law

Termination Of Medical Treatment: Imminent Legislative Issues, Dennis J. Horan

The Catholic Lawyer

No abstract provided.


Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson 2017 St. John's University School of Law

Termination Of Medical Treatment: Imminent Legislative Issues, Robert C. Robinson

The Catholic Lawyer

No abstract provided.


Horizontal Shareholding And Antitrust Policy, Fiona M. Scott Morton, Herbert J. Hovenkamp 2017 Yale University

Horizontal Shareholding And Antitrust Policy, Fiona M. Scott Morton, Herbert J. Hovenkamp

Faculty Scholarship

“Horizontal shareholding” occurs when one or more equity funds own shares of competitors operating in a concentrated product market. For example, the four largest mutual fund companies might be large shareholders of all the major United States air carriers. A growing body of empirical literature concludes that under these conditions market output in the product market is lower and prices higher than they would otherwise be.

Here we consider how the antitrust laws might be applied to this practice, identifying the issues that courts are likely to encounter and attempting to anticipate litigation problems. We assume that neither the mutual ...


Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann 2017 Fordham University School of Law

Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann

Fordham Law Review

The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to ...


Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta 2017 Fordham University School of Law

Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta

Fordham Law Review

A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person ...


Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi 2017 Fordham University School of Law

Confronting The Ghost: Legal Strategies To Oust Medical Ghostwriters, Deanna Minasi

Fordham Law Review

Articles published in medical journals contribute significantly to public health by disseminating medical information to physicians, thereby influencing prescribing practices. However, the information guiding treatment decisions becomes distorted by selective publishing and medical ghostwriting, which negatively affects overall patient care. Although there is general consensus in the medical community that these practices of publication bias represent a moral failing, the issue is rarely framed as a wrong that necessitates legal consequences. This Note takes the stance that medical ghostwriting constitutes an act prohibited under the Racketeer Influenced and Corrupt Organizations Act (RICO) and argues that physicians fraudulently named as authors ...


F17rs Sgr No. 14 (Honors Lists), Phoebe Fortenberry, Brittney Zhang 2017 Louisiana State University

F17rs Sgr No. 14 (Honors Lists), Phoebe Fortenberry, Brittney Zhang

Student Senate Enrolled Legislation

A RESOLUTION

TO URGE AND REQUEST THE ADMISSIONS, STANDARDS, AND HONORS COMMITTEE OF THE FACULTY SENATE TO CHANGE THE MINIMUM CREDIT HOUR REQUIREMENT FOR PRESIDENT’S HONOR ROLL AND THE DEAN’S LIST FROM 15 HOURS TO 12 HOURS FOR THE FALL AND SPRING SEMESTERS AND FROM 15 HOURS TO 9 HOURS FOR THE SUMMER TERM.


F17rs Sgfb No. 2 (Business Cards), Frederick Bell 2017 Louisiana State University

F17rs Sgfb No. 2 (Business Cards), Frederick Bell

Student Senate Enrolled Legislation

To allocate one thousand three hundred dollars and zero cents ($1,300.00) from the Student Government Initiatives Account toward student business cards and student business card holders provided by the Olinde Career Center


F17rs Sgcr No. 26 Veto (Bell Tower), Jason Badeaux 2017 Louisiana State University

F17rs Sgcr No. 26 Veto (Bell Tower), Jason Badeaux

Student Senate Enrolled Legislation

No abstract provided.


F17rs Sgcr No. 26 (Bell Tower), Johnathon Price 2017 Louisiana State University

F17rs Sgcr No. 26 (Bell Tower), Johnathon Price

Student Senate Enrolled Legislation

A CONCURRENT RESOLUTION

To place a referendum before the Louisiana State University Student Body in the Fall 2017 election that outlines a new student initiative to fund the LSU Military Excellence Commission for the Restoration of Memorial Tower.


F17rs Sgb No. 6 (Honors College Council), Christina Black, Logan Duplessis, Jack Green 2017 Louisiana State University

F17rs Sgb No. 6 (Honors College Council), Christina Black, Logan Duplessis, Jack Green

Student Senate Enrolled Legislation

A Bill

To Amend the Student Government Bylaws


F17rs Sgr No. 15 (Diversity In Naming), Frederick Bell, Maxwell Martin, Johnathon Price, Bridget Ryan 2017 Louisiana State University

F17rs Sgr No. 15 (Diversity In Naming), Frederick Bell, Maxwell Martin, Johnathon Price, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION

To To support diversity in the future naming and renaming of university facilities and academic units as to reflect the student body and state


F17rs Sgfb No. 5 (Fund Travel), Johnathon Price 2017 Louisiana State University

F17rs Sgfb No. 5 (Fund Travel), Johnathon Price

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate one thousand two hundred eighteen dollars and zero cents ($1,218.00) from the Legislative Contingency account to fund Sogand Karbalaieali’s travel to the Transportation Research Board annual meeting on January 7th-11th, 2018.


F17rs Sgr No. 21 (Repair Bridge), Jatejah Phillips 2017 Louisiana State University

F17rs Sgr No. 21 (Repair Bridge), Jatejah Phillips

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the Louisiana Department of Transportation and Development (La DOTD) to repair the bridge on South Campus Dr. leading to West Lakeshore Dr.


F17rs Sgr No. 19 (Feminine Product Disposal Bin), Catherine McKinney, Aeryel Williams 2017 Louisiana State University

F17rs Sgr No. 19 (Feminine Product Disposal Bin), Catherine Mckinney, Aeryel Williams

Student Senate Enrolled Legislation

A Resolution
To urge and request the Office of Facility Services to add feminine product disposal bins in all appropriate bathroom stalls on campus, specifically in older buildings


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