Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

355159 Full-Text Articles 141546 Authors 114322391 Downloads 332 Institutions

All Articles in Law

Faceted Search

355159 full-text articles. Page 5 of 6393.

The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien 2017 Pace University

The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien

Pace Environmental Law Review

This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will ...


Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis 2017 Tilburg University, Netherlands

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of ...


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter 2017 University of New Mexico

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist 2017 University of New Mexico

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Reporter's Privilege And The First Amendment, Angela M. DeMeo 2017 St. John's University School of Law

Reporter's Privilege And The First Amendment, Angela M. Demeo

The Catholic Lawyer

No abstract provided.


Human Rights In America, Walter F. Mondale 2017 St. John's University School of Law

Human Rights In America, Walter F. Mondale

The Catholic Lawyer

No abstract provided.


The Constitutional Principle Of Equality And Sex-Based Differential Treatment In American Law, Allen Sultan 2017 St. John's University School of Law

The Constitutional Principle Of Equality And Sex-Based Differential Treatment In American Law, Allen Sultan

The Catholic Lawyer

No abstract provided.


Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl 2017 Wilfrid Laurier University

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm ...


The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi 2017 Wilfrid Laurier University

The Effects Of Traffic Related Air Pollution And Proposed Legal Remedies, Alessandro Magi

Bridges: An Undergraduate Journal of Contemporary Connections

This paper intends to examine the environmental issues that accompany air pollution generated from traffic related incidents, and the implications that this mass-generated pollution has on air quality, as well as the quality of life of humans exposed chronically to airborne carcinogens. Traffic related air pollution is an environmental problem that is heightened by urban design and population demographics such as urban sprawl, spatial distribution, population density, and infrastructure design. Furthermore, this paper will scrutinize Canadian legislation that regulates traffic related air pollutants, and develop an argument for how to apply legislation going forward. As Cartier, Benmarinha, and Brousselle (2015 ...


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili 2017 Pennsylvania State University, Dickinson School of Law, Penn State Law

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are ...


The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, Brittany A. Campbell 2017 Boston College Law School

The Crisis Inside Crisis Pregnancy Centers: How To Stop These Facilities From Depriving Women Of Their Reproductive Freedom, Brittany A. Campbell

Boston College Journal of Law & Social Justice

Since the late 1960s, pro-life activists have been flooding the United States with crisis pregnancy centers (CPCs), facilities disguised as legitimate reproductive health clinics but, in reality, are mostly unlicensed centers that do not provide contraception or abortion services. These facilities deprive women of their reproductive freedom when they engage in deceptive practices to coerce women out of terminating their pregnancies. This Note examines recent unsuccessful attempts to curb CPC practices and highlights the destructive impacts of CPCs, particularly on young, low-income, and minority women. Misleading CPC tactics bar women from exercising their constitutional right to command their reproductive decisions ...


The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass 2017 Boston College Law School

The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass

Boston College Journal of Law & Social Justice

Many televangelists in the United States preach the “prosperity gospel,” a doctrine which teaches that a religiously faithful person who continually donates money to church ministries can expect God to grant material improvements to their finances, health, and relationships. Americans who participate in prosperity gospel churches often donate thousands of dollars to these churches, despite their difficulty financing such large donations and the lack of the promised material improvement to their lives. Televangelists who preach the prosperity gospel secretly use these donations to finance their extravagant lifestyles, instead of using the funds to support the faithful masses who continue to ...


A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, Jeremy McManus 2017 Boston College Law School

A Motion To Compel Changes To Federal Arbitration Law: How To Remedy The Abuses Consumers Face When Arbitrating Disputes, Jeremy Mcmanus

Boston College Journal of Law & Social Justice

Arbitration, as a form of alternative dispute resolution, is a favored method of settling legal disputes because it resolves disputes faster and more cost effectively than in-court litigation. Corporations often exploit the private nature of arbitration by including complex provisions in consumer contracts that require certain disputes to be resolved through arbitration. Consumers subject to these arbitration provisions often do not realize the existence of the provisions, and do not understand that because of undue corporate influence over arbitrators, arbitration tends to favor the corporations against which they arbitrate. Unfortunately, because the U.S. Supreme Court has declared that the ...


“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin 2017 Boston College Law School

“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin

Boston College Journal of Law & Social Justice

The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...


A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian 2017 George Washington University Law School

A Call For Change: The Detrimental Impacts Of Crawford V. Washington On Domestic Violence And Rape Prosecutions, Anoosha Rouhanian

Boston College Journal of Law & Social Justice

In 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court ...


Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam 2017 Boston College Law School

Unsafe Harbor: The European Union's Demand For Heightened Data Privacy Standards In Schrems V. Irish Data Protection Commissioner, Christina Lam

Boston College International and Comparative Law Review

In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe Harbor Agreement and, on July 26, 2000, the European Commission formally recognized the agreement as compliant with the Data Protection Directive in its Safe Harbor Decision. In 2013, U.S. data protection standards were once again placed under the microscope when Edward Snowden leaked information ...


How Healthcare And Culture Impacts Cost And Experience Of Sex Reassignment Surgery In Various Sites Of Europe, Carson Shaw 2017 Ohio Wesleyan University

How Healthcare And Culture Impacts Cost And Experience Of Sex Reassignment Surgery In Various Sites Of Europe, Carson Shaw

Student Symposium

My presentation reviews how more widely accessible forms of health insurance impact a trans person’s ability to transition in the Netherlands, Germany, the Czech Republic, and Poland. This includes the steps and processes they must go through, the pressures of transitioning, and the overall costs of sex reassignment surgery, both socially and financially. It also takes into account the cultural stressors of transitioning as well as how different types of insurances are more or less beneficial to people in each of these countries. In order to achieve this research, I performed interviews and lectures on trans experience in each ...


In Search Of Evidence Against A Criminal Defendant: The Constitutionality Of Judicially Ordered Surgery, Brendan J. Hanley 2017 St. John's University School of Law

In Search Of Evidence Against A Criminal Defendant: The Constitutionality Of Judicially Ordered Surgery, Brendan J. Hanley

The Catholic Lawyer

No abstract provided.


Digital Commons powered by bepress