Legislative Control Of The Menhaden Fishery,
2011
University of Richmond
Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis
Richmond Public Interest Law Review
This year, six menhaden- related bills were introduced in the Virginia General Assembly. Delegate John Cosgrove (RChesapeake) introduced legislation in the House of Delegates that was identical to Senate Bill 765, a bill that proposed to shift oversight of the menhaden fishery to the VMRC. This article aims to highlight the unique stance taken by Virginia's legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia's legislators should recognize the …
The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law,
2011
St. Mary’s University School of Law,
The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod
Faculty Articles
Recent controversies, such as enactment of an individual mandate to purchase health insurance and the legalization of assisted suicide in Washington and Montana, have renewed the war over personal autonomy. Debates about the value and limits of personal autonomy also play major roles in the controversies over abortion, same-sex intimacy, and same-sex marriage. On one side of the autonomy war, advocates of unfettered individual freedom assert that by her un-coerced and autonomous choice, the individual person determines the value of human goods such as life, health, and marriage.
On the other side, proponents of strong government restrictions on personal choice …
Introduction To National Space Legislation In Europe: Issues Of Authorization Of Private Space Activities In The Light Of Developments In European Space Cooperation,
2011
University of Nebraska - Lincoln
Introduction To National Space Legislation In Europe: Issues Of Authorization Of Private Space Activities In The Light Of Developments In European Space Cooperation, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
This book is, at the heart, a result of a Practitioners’ Forum of the European Centre of Space Law (ECSL), organized in Paris in December 2008. Having been established in the early 90s, ECSL Practitioners’ Fora are organized more or less annually, and have presented unique oneday occasions for academics and practitioners from all corners of the European space endeavor and space industry to discuss topical and important legal issues.
Top Jobs Act Higher Education Reform Legislation,
2011
University of Richmond
Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin
Richmond Public Interest Law Review
The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.
Notable Bills Of The 2011 General Assembly,
2011
University of Richmond
Notable Bills Of The 2011 General Assembly
Richmond Journal of Law and the Public Interest
House and Senate Bills from the 2011 General Assembly
Chapter 167: Taking Court Records Management From The Stone Age To The Digital Age,
2011
University of the Pacific; McGeorge School of Law
Chapter 167: Taking Court Records Management From The Stone Age To The Digital Age, Brian E. Hamilton
McGeorge Law Review
No abstract provided.
Chapter 25: One More Step Toward Cityhood For East Los Angeles,
2011
University of the Pacific; McGeorge School of Law
Chapter 25: One More Step Toward Cityhood For East Los Angeles, Brian E. Hamilton
McGeorge Law Review
No abstract provided.
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011),
2011
UIC School of Law
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011),
2011
UIC School of Law
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011), Monica Youn
UIC Law Review
No abstract provided.
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011),
2011
UIC School of Law
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall
UIC Law Review
No abstract provided.
Masthead,
2011
University of Pennsylvania Carey Law School
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy,
2011
New York Law School
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy, R.B. Bernstein
NYLS Law Review
No abstract provided.
Us Perpetual Trusts,
2011
University of Michigan Law School
Us Perpetual Trusts, Lawrence W. Waggoner
Articles
In 2009, the UK reconfirmed tis long-standing public policy against perpetual trusts. America has been moving in the opposite direction. Recent years have seen a movement in the states to pass legislation allowing settlors to create family trusts that can last forever or for several centuries. Sadly, and embarrassingly, the American perpetual-trust movement has not been based on the merits of removing the traditional curb on excessive dead-hand control. The policy issues associated with allowing perpetual trusts have not been seriously discussed in the state legislatures. The driving force has been interstate competition for trust business.
Legislative Intent And Legislative History In Michigan,
2011
University of Michigan Law School
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Law Librarian Scholarship
Determining legislative intent is one of the key roles that the judicial system plays in Michigan, and legislative history can be a useful tool for evaluating the intent of the legislature when enacting a law. However, legislative history resources can be difficult to gather and some resources may not be persuasive in Michigan courts. This article provides a brief description of the Michigan legislative process, the court’s view of using legislative history to determine legislative intent, and a list of Michigan legislative history resources.
The Inefficiencies And Deficiencies Of Waste Coal,
2011
University of Colorado Law School
The Inefficiencies And Deficiencies Of Waste Coal, Jonathan Skinner, Michael Brown
Publications
No abstract provided.
The Skeleton Key: Will The Federal Health Care
Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From
The State Health Care Reform Laboratories
,
2011
Cleveland State University
The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith
Journal of Law and Health
Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …
Another Word On The President's Statutory Authority Over Agency Action,
2011
University of Michigan Law School
Another Word On The President's Statutory Authority Over Agency Action, Nina A. Mendelson
Articles
In this short symposium contribution, I attempt first to add some further evidence on the interpretive question. That evidence weighs strongly, in my view, in favor of Kagan's conclusion that the terminology does not communicate any particular congressional intent regarding presidential directive authority. Assessed in context, the "whole code" textual analysis presented by Stack does not justify the conclusion that Congress, by delegating to an executive branch official, meant to limit presidential control. Independent agencies excluded, interpreting the terms of simple and presidential delegations to speak to directive authority fails, in general, to make sense of the various statutes. Absent …
Securities Law In The Roberts Court: Agenda Or Indifference?,
2011
University of Michigan Law School
Securities Law In The Roberts Court: Agenda Or Indifference?, Adam C. Pritchard
Articles
To outsiders, securities law is not all that interesting. The body of the law consists of an interconnecting web of statutes and regulations that fit together in ways that are decidedly counter-intuitive. Securities law rivals tax law in its reputation for complexity and dreariness. Worse yet, the subject regulated-capital markets-can be mystifying to those uninitiated in modem finance. Moreover, those markets rapidly evolve, continually increasing their complexity. If you do not understand how the financial markets work, it is hard to understand how securities law affects those markets.
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The,
2011
Cleveland State University
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris
Journal of Law and Health
In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …
Secret Inventions,
2011
American University Washington College of Law
Secret Inventions, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.
As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …
