Intrastate Preemption In The Shifting Energy Sector, 2015 University of Colorado Law School
Intrastate Preemption In The Shifting Energy Sector, Uma Outka
University of Colorado Law Review
The United States energy sector is in a state of transition, at once moving toward cleaner energy resources, but also expanding the use of fossil fuels with new access to oil and gas plays. Although federalism concerns have dominated the literature, I argue here that the state-local relationship and intrastate preemption are shaping energy policy in important and under-examined ways. The energy transition to date has been marked by growth centered on hydraulic fracturing (fracking) and commercial wind development, both of which are mostly regulated at the state level. Local governments have exerted authority over both forms of energy production, …
Looking Inward: Domestic Policy For Climate Change Refugees In The United States And Beyond, 2015 University of Colorado Law School
Looking Inward: Domestic Policy For Climate Change Refugees In The United States And Beyond, Carey Degenaro
University of Colorado Law Review
No abstract provided.
Compromise In Colorado: Solar Net Metering And The Case For "Renewable Avoided Cost", 2015 University of Colorado Law School
Compromise In Colorado: Solar Net Metering And The Case For "Renewable Avoided Cost", Alexander D. White
University of Colorado Law Review
No abstract provided.
The Problems Inherent In Litigating Employer Free Exercise Rights, 2015 University of Colorado Law School
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
University of Colorado Law Review
No abstract provided.
A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, 2015 University of Colorado Law School
A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, Anders Walker
University of Colorado Law Review
This Article reconstructs Lewis F. Powell Jr.'s thoughts on the civil rights movement by focusing on a series of littleknown speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King Jr. Convinced that the law had done all it could for blacks, Powell took issue with King's "Letter from Birmingham Jail," impugning its invocation of civil disobedience and rejecting its calls for compensatory justice to make up for slavery and Jim Crow. Dismissive of reparations, Powell developed a separate basis for supporting diversity that hinged on distinguishing American pluralism from Soviet totalitarianism. …
Table Of Contents, 2015 University of North Carolina School of Law
Table Of Contents, North Carolina Law Review
North Carolina Law Review
No abstract provided.
System Shock: Fontenot Shows Why North Carolina's Contributory Negligence Rule Must Go, 2015 University of North Carolina School of Law
System Shock: Fontenot Shows Why North Carolina's Contributory Negligence Rule Must Go, Hailey M. Bunce
North Carolina Law Review
No abstract provided.
Women Talking About Water: Feminist Subjectivities And Intersectional Understandings, 2015 University of British Columbia
Women Talking About Water: Feminist Subjectivities And Intersectional Understandings, Leila M. Harris, Jyoti Phartiyal, Dayna Nadine Scott, Megan Peloso
Articles & Book Chapters
In this study based on discussions held by women's groups across Canada on water challenges and interests, we recognized that in the current context in Canada, women are truly connected with peoples, humans or any other form of life. They recognize that water is socially embedded, integrating issues of social, ecological and intergenerational justice in relation to complex changes in riparian landscapes. Clearly their talk is from a gender perspective, but we also found movement beyond gender that nuanced cross-sectoral understanding, critical links between gender, class and ethnicity are frequently mentioned.
The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, 2015 Case Western University School of Law
The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin
Faculty Publications
This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.
Completing Government Speech's Unfinished Business: Clipping Garcetti's Wings And Addressing Scholarship And Teaching, 2015 Rowan University
Completing Government Speech's Unfinished Business: Clipping Garcetti's Wings And Addressing Scholarship And Teaching, Edward J. Schoen
Rohrer College of Business Faculty Scholarship
No abstract provided.
Efficient Contextualism, 2015 Case Western Reserve
Efficient Contextualism, Peter M. Gerhart, Juliet P. Kostritsky
Faculty Publications
This Article recommends an economic methodology of contract interpretation that enables the court to maximize the benefits of exchange for the parties and thereby enhance the institution of contracting. We recommend a methodology that asks the parties to identify the determinants of a surplus maximizing interpretation so that the court can determine whether the determinants raise issues that need to be tried. We thus avoid the false choice between textualist and contextualist methodologies, while allowing the parties and the court to avoid costly litigation. For textualist courts, our methodology helps the judge determine when the terms the parties used are …
Context Matters - What Lawyers About Choice Of Law In Merger Agreements, 2015 Case Western University School of Law
Context Matters - What Lawyers About Choice Of Law In Merger Agreements, Juliet P. Kostritsky
Faculty Publications
Finding out the truth about a matter can proceed in many different ways. Neoclassical law and economists would construct models built on certain assumptions. The empiricists and contextualists would collect data about the matter in the inductive not deductive sense.
The choice of law in merger agreements presents an opportunity to study a contractual provision in the context of merger deals to see what we can learn from studying the choices in detail.
There are a variety of ways to approach these provisions in merger agreements. Can we learn anything about how choices are made in the drafting of these …
King V. Burwell And The Triumph Of Selective Contextualism, 2015 Case Western University School of Law
King V. Burwell And The Triumph Of Selective Contextualism, Jonathan H. Adler, Michael F. Cannon
Faculty Publications
King v. Burwell presented the question of whether the Patient Protection and Affordable Care Act of 2010 (ACA) authorizes the Internal Revenue Service (IRS) to issue tax credits for the purchase of health insurance through Exchanges established by the federal government. The King plaintiffs alleged an IRS rule purporting to authorize tax credits in federal Exchanges was unlawful because the text of the ACA expressly authorizes tax credits only in Exchanges “established by the State.” The Supreme Court conceded the plain meaning of the operative text, and that Congress defined “State” to exclude the federal government. The Court nevertheless disagreed …
Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), 2015 Suffolk University Law School
Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr.
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, 2015 Suffolk University Law School
Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), 2015 Suffolk University Law School
Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, 2015 Suffolk University Law School
A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal,
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, 2015 Suffolk University Law School
A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, 2015 Suffolk University Law School
A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Prior Sexual Misconduct Evidence In State Courts: Constitutional And Common Law Challenges, 2015 St. Mary’s University School of Law
Prior Sexual Misconduct Evidence In State Courts: Constitutional And Common Law Challenges, Michael L. Smith
Faculty Articles
Prosecuting sex crimes is a sensitive, challenging process, and many who commit these crimes end up going unpunished. While a defendant may have a history of prior sexual misconduct, the rules of evidence in most states and at the federal level generally prohibit the introduction of prior misconduct to show a defendant's propensity to commit a present crime. In response, the federal government and numerous state legislatures have adopted rules of evidence that permit the introduction of prior sexual misconduct in cases where a defendant is charged with a sexual crime.
While commentators have written in great detail about federal …