Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, 2018 George Washington University Law School
Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee
GW Law Faculty Publications & Other Works
No abstract provided.
The "Publicization" Of Private Space, 2018 University of Maine School of Law
The "Publicization" Of Private Space, Sarah B. Schindler
Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...
The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, 2018 University of Windsor, Faculty of Law
The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs
Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of all the human rights tribunal decisions on disability discrimination and transportation in Canada. The article studies all the statutory human rights decisions on disability ...
Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, 2018 George Washington University Law School
Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, Francesca Bignami, Giorgio Resta
GW Law Faculty Publications & Other Works
This chapter focuses on the international right to privacy and national security surveillance by spy agencies. It assesses the extent to which the law of the United States and Europe (EU and ECtHR) afford extraterritorial protection for the right to privacy, in furtherance of the international human right to privacy. The chapter concludes that U.S. law draws a stark line between insiders (U.S. citizens and permanent residents) and outsiders, and affords significantly more protection for insiders. On the European side, even though the EU does not have jurisdiction internally over spy agencies, it does have the power to ...
Puerto Rico And The Right Of Accession, 2018 Duke Law School
Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati
On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).
The answers are not obvious. International law, we argue, suggests ...
U.S. War Powers And The Potential Benefits Of Comparativism, 2018 Duke Law School
U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley
There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...
Picketing In The New Economy, 2018 University of Chicago Law School
Picketing In The New Economy, Hiba Hafiz
No abstract provided.
The States' Interest In Federal Procedure, 2018 University of Chicago Law School
The States' Interest In Federal Procedure, Diego Zambrano
No abstract provided.
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, 2018 Case Western Reserve University School of Law
Step Therapy: Legal And Ethical Implications Of A Cost-Cutting Measure, Sharona Hoffman
The very high and ever-increasing costs of medical care in the United States are well-recognized and much discussed. Health insurers have employed a variety of strategies in an effort to control their expenditures, including one that is common but has received relatively little attention: step therapy. Step therapy programs require patients to try less expensive treatments and find them to be ineffective or otherwise problematic before the insurer will approve a more high-priced option. This Article is the first law journal piece dedicated to analyzing this important cost control measure.
The Article explores the strengths and weaknesses of step therapy ...
Auer Evasions, 2018 Case Western Reserve University School of Law
Auer Evasions, Jonathan Adler
Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court’s long-standing practice of deferring to agency interpretations of their own regulations born in Bowles v. Seminole Rock. Although initially uncontroversial, the doctrine has come under fire from legal commentators and prominent jurists, including Auer’s author, the late Justice Antonin Scalia. As Justice Scalia came to recognize, Auer deference enables agencies to evade a wide range of legal constraints that are otherwise imposed upon agency behavior, the ability of agencies to take action with the force ...
Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, 2017 Florida State University College of Law
Breathing Air With Heft: An Experiential Report On Environmental Regulation And Public Health In Urban China, Erin Ryan
Should The Rules Committees Have An Amicus Role?, 2017 University of California Hastings College of Law
Should The Rules Committees Have An Amicus Role?, Scott Dodson
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, 2017 University of Pennsylvania Law School
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival
Mark P Nevitt
Active Judging And Access To Justice.Pdf, 2017 University of Tulsa College of Law
Active Judging And Access To Justice.Pdf, Anna E. Carpenter
Anna E. Carpenter
What Conflict Minerals Rules Tell Us About The Legal Transplantation Of Corporate Social Responsibility Standards Without The State: From The United Nations To The United States To Taiwan, 2017 National Tsinghua University
What Conflict Minerals Rules Tell Us About The Legal Transplantation Of Corporate Social Responsibility Standards Without The State: From The United Nations To The United States To Taiwan, Chang-Hsien (Robert) Tsai, Yen-Nung Wu
Chang-hsien (Robert) TSAI
Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, 2017 University of Dundee
Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones
Brian Christopher Jones
Private Law Exceptionalism? Part Ii: A Basic Difficulty With The Argument From Formal Equality, 2017 Tel Aviv University Faculty of Law
Private Law Exceptionalism? Part Ii: A Basic Difficulty With The Argument From Formal Equality, Avihay Dorfman
Security In A Liberal Union: Eu Asylum And Migration Control Policies, 2017 Selected Works
Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll
Evaluating Corporate Speech About Science, 2017 Oklahoma City University School of Law
Evaluating Corporate Speech About Science, Shannon Roesler
Contingent Judicial Deference: Theory And Application To Usury Laws, 2017 FGV Law School in Sao Paulo