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Hardship Reconstructed: Developing Comprehensive Legal Interpretation And Policy Congruence In The Exceptional And Extremely Unusual Hardship Standard, Lucy Twimasi 2015 George Mason University

Hardship Reconstructed: Developing Comprehensive Legal Interpretation And Policy Congruence In The Exceptional And Extremely Unusual Hardship Standard, Lucy Twimasi

Lucy Twimasi

No abstract provided.


The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan 2015 Northwestern University School of Law

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Northwestern University Law Review

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic ...


Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel 2015 Denver University, Sturm College of Law

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the ...


Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi 2015 United States Federal Courts

Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi

Nima H. Mohebbi

Marijuana legalization and decriminalization have become important policy issues. Twenty-three states have partially legalized marijuana (generally for medicinal purposes), and four – Alaska, Colorado, Oregon, and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market due to widespread legalization, states might enjoy budgetary windfalls from collecting marijuana taxes.

Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting marijuana excise taxes. If an individual user in a state where marijuana is legal pays an accompanying ...


Lessons In Fiscal Activism, Mirit Eyal-Cohen 2015 University of Alabama School of Law

Lessons In Fiscal Activism, Mirit Eyal-Cohen

Mirit Eyal-Cohen

This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.


Entre El Poder Y La Obediencia: El Gobierno En La España De Franco, Miguel Ángel Giménez Martínez 2015 Universidad de Castilla La Mancha

Entre El Poder Y La Obediencia: El Gobierno En La España De Franco, Miguel Ángel Giménez Martínez

Bulletin for Spanish and Portuguese Historical Studies

Resumen: De entre las instituciones políticas levantas por la dictadura de Franco, solo una llegó a alcanzar auténtica sustantividad: el Gobierno. Ante la inexistencia de partidos políticos y de un Parlamento democrático, el Consejo de Ministros del franquismo concentró simbólica y efectivamente todos los poderes. Sin embargo, la lógica autoritaria del sistema impidió que se desarrollara autónomamente como órgano colegiado, al encontrarse bajo la dirección del Jefe del Estado, autoridad suprema del régimen. Partiendo de un enfoque multidisciplinar que combina la exégesis de los textos legales con la revisión de las aportaciones doctrinales, este artículo analiza la paradójica situación del ...


Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. McDougall III 2015 Howard University School of law

Ferguson, The Rebellious Law Professor, And The Neoliberal University, Harold A. Mcdougall Iii

Harold A. McDougall III

Neoliberalism, a business-oriented ideology promoting corporatism, profit-seeking, and elite management, has found its way into the modern American university. As neoliberal ideology envelops university campuses, the idea of law professors as learned academicians and advisors to students as citizens in training, has given way to the concept of professors as brokers of marketable skills with students as consumers. In a legal setting, this concept pushes law students to view their education not as a means to contribute to society and the professional field, but rather as a means to make money. These developments are especially problematic for minority students and ...


Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley 2015 Western University

Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley

Western Journal of Legal Studies

This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...


Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity, 2015 Penn State Law

Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, Scott P. Stedjan 2015 Penn State Law

Foreword, Scott P. Stedjan

Penn State Journal of Law & International Affairs

No abstract provided.


Geopolitics Of Resource Scarcity, Kent Hughes Butts 2015 Penn State Law

Geopolitics Of Resource Scarcity, Kent Hughes Butts

Penn State Journal of Law & International Affairs

No abstract provided.


From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare 2015 Penn State Law

From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare

Penn State Journal of Law & International Affairs

Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy ...


Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. McDonald 2015 Penn State Law

Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald

Penn State Journal of Law & International Affairs

Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.


World Poverty And Food Insecurity, Carmen G. Gonzalez 2015 Penn State Law

World Poverty And Food Insecurity, Carmen G. Gonzalez

Penn State Journal of Law & International Affairs

The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place ...


The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz 2015 Penn State Law

The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz

Penn State Journal of Law & International Affairs

The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current ...


U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen 2015 Penn State Law

U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen

Penn State Journal of Law & International Affairs

Since the 1960s, agriculture has waxed and waned as a key theme of U.S. international development assistance. In the 1970s, the United States and other donors focused on “growing the pile of food” through the use of high-yielding cereal grain varieties, mineral fertilizer, and synthetic pesticides in developing countries—the Green Revolution. This led to huge productivity increases and lower food prices in Asia and Latin America. But donors paid less attention to questions of equity, environmental sustainability, and gender equality. Due to increased food availability at lower prices, the United States and other donors reduced their focus on ...


Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell 2015 Penn State Law

Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell

Penn State Journal of Law & International Affairs

No abstract provided.


The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford 2015 Penn State Law

The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford

Penn State Journal of Law & International Affairs

This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is ...


Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan 2015 Penn State Law

Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan

Penn State Journal of Law & International Affairs

Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of ...


Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote 2015 Penn State Law

Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote

Penn State Journal of Law & International Affairs

Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.


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