A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, 2012 University of Richmond
A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Elizabeth Southall
Law Student Publications
“A distinction without a difference”—a colloquial expression employed by one wishing to recognize that while a linguistic or conceptual distinction exists between any number of options, any such distinction lacks substantive practical effect. To allege that a situation presents “a distinction without a difference” is to suggest that any difference between a given set of options is a logical fallacy—purely a creature of erroneous perception. When it comes to concepts of asset protection planning and fraudulent transfer law, one must ask whether the law draws a distinction where there is no difference....This essay identifies these distinctions. Part II provides a …
The Cross Examiner, 2012 Seton Hall University
The Cross Examiner, Seton Hall University School Of Law
Newspapers
No abstract provided.
The Inalienable Right Of Publicity, 2012 University of Pennsylvania Carey Law School
The Inalienable Right Of Publicity, Jennifer E. Rothman
All Faculty Scholarship
This article challenges the conventional wisdom that the right of publicity is universally and uncontroversially alienable. Courts and scholars have routinely described the right as a freely transferable property right, akin to patents or copyrights. Despite such broad claims of unfettered alienability, courts have limited the transferability of publicity rights in a variety of instances. No one has developed a robust account of why such limits should exist or what their contours should be. This article remedies this omission and concludes that the right of publicity must have significantly limited alienability to protect the rights of individuals to control the …
Six Years Later: Louisiana Legacy Lawsuits Since Act 312, 2012 Louisiana State University Law Center
Six Years Later: Louisiana Legacy Lawsuits Since Act 312, Loulan Pitre Jr.
LSU Journal of Energy Law and Resources
No abstract provided.
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, 2012 Vanderbilt University Law School
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J. B. Ruhl
Vanderbilt Law Review
What could be greener than wind power? That's easy-saving endangered species! The wind power industry has learned the hard way what timber companies, federal land management agencies, hydropower generators, state highway departments, real estate developers, small coastal villages, the Environmental Protection Agency, farmers, major metropolitan governments, and more like them around the nation know all too well-never, ever take your eyes off the Endangered Species Act ("ESA"). It may be green and one of the darlings of our nation's renewable energy future, but wind power has no "green pass" to get out of the ESA.
The reason wind power has …
Symposium - Supply And Demand: Barriers To A New Energy Future, 2012 Vanderbilt University Law School
Symposium - Supply And Demand: Barriers To A New Energy Future, Michael P. Vandenbergh, J. B. Ruhl, Jim Rossi
Vanderbilt Law Review
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much less attention during the 1990s. In the last decade, a new burst of activity has occurred, driven largely by the implications of energy production and use for climate change. In effect, this new scholarship is asking what efficiency means in a carbon- constrained world. Accounting for carbon has induced scholars to challenge the implicit assumption of the early scholarship that the price of …
Truths We Must Tell Ourselves To Manage Climate Change, 2012 Vanderbilt University Law School
Truths We Must Tell Ourselves To Manage Climate Change, Robert H. Socolow
Vanderbilt Law Review
In 1958, Charles David Keeling began measuring the concentration of carbon dioxide (C02) in the atmosphere, at a site 11,000 feet above sea level near the top of Mauna Loa on the "big island" of Hawaii. The time series of monthly averages, the "Keeling Curve," is the iconic figure of climate change (see Figure 1). The curve oscillates and rises. The annual oscillations (whose details are seen in the Figure's inset) are the consequences of the seasonal breathing of the northern-hemisphere forests, which remove C02 from the atmosphere during their growing season and return C02 to the atmosphere as their …
Sustainable Consumption, Energy Policy, And Individual Well-Being, 2012 Vanderbilt University Law School
Sustainable Consumption, Energy Policy, And Individual Well-Being, Daniel A. Farber
Vanderbilt Law Review
The United States is an exceptional place in many ways, not least in its consumption. The United States consumes a disproportionate share of the world's energy and resources, with a correspondingly large environmental footprint. At present, although we have been successful in creating economic wealth, well-being has lagged behind. Could the United States shift to a more sustainable path? Would that require an unacceptable sacrifice of social welfare? This Article argues that a shift really is possible, and that many of the steps to sustainability would actually make people better off even apart from their environmental benefits.
At present, we …
Hydro Law And The Future Of Hydroelectric Power Generation In The United States, 2012 Vanderbilt University Law School
Hydro Law And The Future Of Hydroelectric Power Generation In The United States, Dan Tarlock
Vanderbilt Law Review
Hydroelectric energy ("hydro") is the oldest major source of noncarbon, renewable energy in the United States. For three reasons, increased hydro generation should be a major element of any national climate change and energy-security policy designed to promote the greater use of renewables to help the country transition to the production of sustainable, i.e., noncarbon-based, energy. First, hydro is relatively clean because it does not cause air pollution or substantial greenhouse gas emissions.' Second, hydro is relatively reliable. Third, hydro can help wean the United States from its dependence on imported and often politically unstable hydrocarbon sources of energy, because …
Good For You, Bad For Us: The Financial Disincentive For Net Demand Reduction, 2012 Vanderbilt University Law School
Good For You, Bad For Us: The Financial Disincentive For Net Demand Reduction, Michael P. Vandenbergh, Jim Rossi
Vanderbilt Law Review
Energy policy debates often focus on increasing the supply of renewable energy, but energy demand merits equal attention. Low- carbon energy sources will not be able to displace fossil fuels at the levels necessary to achieve climate goals if global demand continues to grow at projected rates. To meet the widely endorsed goal of 50% global carbon emissions reductions by 2050, including 80% reductions from developed countries, global emissions from fossil fuel use will need to decline by more than seven billion tons from projected levels by 2050. Major new sources of low-carbon energy will become available, but it is …
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, 2012 Vanderbilt University Law School
Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh
Vanderbilt Law Review
A variety of modern technologies reveal individual behaviors that have environmental consequences with increasing clarity. Smart meters and related technologies detect detailed information about when and how individuals use electricity within the home. Radio frequency identification ("RFID") chips embedded in recycling collection bins track household recycling behaviors, including everything from whether the household is recycling to whether its members properly separate their recyclables. Regulators use aerial imagery and geographic information systems ("GIS") technology to detect violations of local building codes and the illegal filling of wetlands. Interactive "ecomaps" allow city residents to compare environmental performance by zip code. Even information …
Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, 2012 Vanderbilt University Law School
Can We Regulate Our Way To Energy Efficiency? Product Standards As Climate Policy, Noah M. Sachs
Vanderbilt Law Review
Alternative energy supplies get most of the attention in the climate change debate, but reducing energy demand should be the dominant strategy for cutting global greenhouse gas emissions. Dozens of technical studies have concluded that improving the efficiency of automobiles, furnaces, motors, consumer electronics, lighting, air conditioners, and other energy-using products is the cheapest and fastest way to achieve dramatic reductions in greenhouse gas emissions.' In fact, avoiding catastrophic global heating largely depends on how fast energy efficient technology can be deployed over the next few decades.
Energy efficiency can be promoted through multiple policies, such as energy taxes, a …
Environmental Law And Fossil Fuels: Barriers To Renewable Energy, 2012 Vanderbilt University Law School
Environmental Law And Fossil Fuels: Barriers To Renewable Energy, Uma Outka
Vanderbilt Law Review
Renewable energy is gaining momentum around the globe, but the United States has only just begun to change its energy trajectory away from fossil fuels. Today, only about 10% of electricity in the United States is generated from renewable energy, and most of that comes from hydroelectric power plants that have been operating for many years. The U.S. Energy Information Administration projects 30% of new capacity over the next twenty years will utilize renewable resources, without significant changes in U.S. energy policy, but at that pace renewable energy will still account for only 16% of generated electricity. These prospects stand …
Interstate Transmission Challenges For Renewable Energy: A Federalism Mismatch, 2012 Vanderbilt University Law School
Interstate Transmission Challenges For Renewable Energy: A Federalism Mismatch, Alexandra B. Klass, Elizabeth J. Wilson
Vanderbilt Law Review
It is impossible to talk about developing renewable energy resources in the United States without also talking about developing electric transmission infrastructure. More specifically, the transmission-planning strategies that may have worked in the past are no longer effective to integrate new sources of renewable energy into the transmission grid. Transmission lines were historically built to link large stationary power plants to nearby electricity demand centers like cities. For renewable energy, however, state mandates and policies are driving investment in wind-and to a lesser extent solar-energy, creating a need for new transmission lines to link these dispersed resources with electric load …
Building-Related Renewable Energy And The Case Of 360 State Street, 2012 Vanderbilt University Law School
Building-Related Renewable Energy And The Case Of 360 State Street, Sara C. Bronin
Vanderbilt Law Review
This Article focuses on small-scale and midsized facilities and does not consider large-scale facilities, which tend to be located far from population centers. These facilities certainly raise pressing legal concerns, not least of which is how the energy sprawl they create should be managed. Indeed, siting (along with initial start-up financing) is a primary barrier to large-scale renewable energy. This Article sets large-scale facilities aside and focuses primarily on projects whose scale allows them to be incorporated into inhabited structures.
The Honorable Morris Sheppard Arnold, 2012 Maurer School of Law: Indiana University
The Honorable Morris Sheppard Arnold, U.S. Courts Library 8th Circuit
Morris Arnold (1985)
No abstract provided.
Law Library Newsletter, Volume 4, Issue 3 - November/December 2012, 2012 Notre Dame Law School
Law Library Newsletter, Volume 4, Issue 3 - November/December 2012, Kresge Law Library
Law Library Newsletter
Learn an easy way to come up with (and REMEMBER) a mind‐bogglingly complex password for your NetID and online accounts. Meet the student Circulation.
New Bluebook App
Business Insider Ranks the Most Influential Law Blogs
Law School Halloween Pictures
Torch (November/December 2012), 2012 University of Southern Maine
Torch (November/December 2012), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
A Tale Of Two Zoos, 2012 University at Buffalo School of Law
A Tale Of Two Zoos, Irus Braverman
Journal Articles
This short piece tells the story of the Israeli occupation through the relationship between two zoos: the Biblical Zoo in Jerusalem and the Qalqilya Zoo in the West Bank. Despite the insistence by all interviewees that the zoos’ animals exist beyond the contentious politics of this place, this essay demonstrates that the two zoos are deeply entangled in hegemonic relations. The Israelis have the animals, the professional means, and the education. And as they give, take, and educate their Palestinian counterparts, they also create and enforce the proper conservation standards, thereby controlling the meaning of care for zoo animals, both …
The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, 2012 Louisiana State University Law Center
The Big Man In The Big House: Prisoner Free Exercise In Light Of Employment Division V. Smith, Joseph Thomas Wilson
Louisiana Law Review
No abstract provided.