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A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Save Elections From Secret Money People, Luke M. Scheuer 2015 Widener Law

Save Elections From Secret Money People, Luke M. Scheuer

Luke M Scheuer

No abstract provided.


The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst 2015 George Washington Law School

The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst

Lisa J Lindhorst

On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 Harvard Law School Affiliates

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald 2015 The Chinese University of Hong Kong

Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald

David C. Donald

Quantitative research (QR) has undeniably improved the quality of law- and rulemaking, but it can also present risks for these activities. On the one hand, replacing anecdotal assertions regarding behavior or the effects of rules in an area to be regulated with objective, statistical evidence has advanced the quality of regulatory discourse. On the other hand, because the construction of such evidence often depends on bringing the complex realities of both human behavior and rules designed to govern it into simple, quantified variables, QR findings can at times camouflage complexity, masking real problems. Deceptively objective findings can in this way ...


¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), joshimar de la cruz aroni 2014 SelectedWorks

¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

Critical Legal Studies


Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody 2014 The College at Brockport

Racial Politics Of American History And The United Nations: The Impact Of The Cold War On The Civil Rights Movement, Amy C. Cody

Education and Human Development Master's Theses

Thesis research focuses around the Civil Rights Congress' 1951 United Nations Petition charging the United States with genocide against the African American race. This thesis also examines the complexities of global politics and the impact Communism had on the civil rights organization's ability to gain support for reform on the domestic and international level.


Strengthening The Foundation For World Peace - A Case For Democratizing The United Nations, Jarvis J. Lagman Esq. 2014 SelectedWorks

Strengthening The Foundation For World Peace - A Case For Democratizing The United Nations, Jarvis J. Lagman Esq.

Jarvis J. Lagman Esq.

ABSTRACT

Strengthening the Foundation for World Peace:

A Case for Democratizing the United Nations

By Jarvis J. Lagman, Esq.

The objective of this treatise is to show how the democratization of the United Nations would strengthen the foundation for world peace by increasing its effectiveness as a transnational governmental institution, promoting the harmonization of how different political systems value political legitimacy and facilitating the diffusion of democratic culture in a manner that minimizes conflict with existing political hegemonies. The achievement of a sustainable world peace requires the global harmonization of political systems to recognize each individual’s right to self-determination ...


European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson 2014 University of Georgia School of Law

European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.


Regulatory Capture And Quality, Laurence Tai 2014 NYU School of Law

Regulatory Capture And Quality, Laurence Tai

New York University Law and Economics Working Papers

This paper presents a model of regulatory policymaking in which an interest group engages in costly regulatory quality improvements and rent-seeking to "capture" an agent by causing his preferences to shift toward the group's. The model serves two purposes. First, as a general framework, it accounts for various theories of capture from prior studies and organizes avenues for further research on specific mechanisms of capture. Second, it analyzes the effect of institutional responses to capture, including limiting rent-seeking, making the agent more initially hostile to the group, and decreasing the strength of capture. A key implication is that aligning ...


Judicial Review And Judicial Supremacy, Jeremy Waldron 2014 NYU Law School

Judicial Review And Judicial Supremacy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme ...


What Do The Philosophers Have Against Dignity?, Jeremy Waldron 2014 NYU Law School

What Do The Philosophers Have Against Dignity?, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Among analytic philosophers, there is considerable antipathy towards the concept of human dignity. It is not always expressed, but the impression is conveyed that this is a rather disreputable idea and that its trumpeting in legal and political theory is to be deplored. The present paper tries to get to grips with the sources of this antipathy. Is it based on the unclarity of the concept, its religious overtones, its speciesism, or its redundancy as a moral idea. The paper makes a case for dignity as a status-concept -- denoting a particular sort of moral/legal status that all humans have.


Duty-Bearers For Positive Rights, Jeremy Waldron 2014 NYU Law School

Duty-Bearers For Positive Rights, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Claims about social and economic rights (as a kind of human right) are often criticized because they fail to specify who are the bearers of the corresponding duties. We usually say that states are the duty-bearers, but it may not be possible for a poor state to bear the burden of these rights. And anyway it may be a mistake to focus exclusively on states in an age of globalization. This paper uses some analytic ideas from the 1970s and 1980s to address this problem. Drawing on the work of Neil MacCormick and Joseph Raz, it argues that it is ...


Volkswagen Chattanooga And Its Battle For Workers' Representation, Bianca C. Fankhauser 2014 University of Tennessee - Knoxville

Volkswagen Chattanooga And Its Battle For Workers' Representation, Bianca C. Fankhauser

University of Tennessee Honors Thesis Projects

No abstract provided.


The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan 2014 University of Florida College of Law

The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan

Georgia Journal of International & Comparative Law

No abstract provided.


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


Politics And Public Sector Employees: What's Gone Wrong With The Relationship Between Ministers And Public Servants - Why It Matters, And What Needs To Be Done To Fix It, Matthew S. R. Palmer QC 2014 Thorndon Chambers

Politics And Public Sector Employees: What's Gone Wrong With The Relationship Between Ministers And Public Servants - Why It Matters, And What Needs To Be Done To Fix It, Matthew S. R. Palmer Qc

Dr Matthew S. R. Palmer QC

This presentation assesses the current state of the relationships between Ministers and public servants and makes suggestions about how to improve them. The presentation is on Youtube at http://www.psa.org.nz/media/news/in-the-thick-of-it-seminar-series/


Regulatory Capture And Quality, Laurence Tai 2014 NYU School of Law

Regulatory Capture And Quality, Laurence Tai

New York University Public Law and Legal Theory Working Papers

This paper presents a model of regulatory policymaking in which an interest group engages in costly regulatory quality improvements and rent-seeking to "capture" an agent by causing his preferences to shift toward the group's. The model serves two purposes. First, as a general framework, it accounts for various theories of capture from prior studies and organizes avenues for further research on specific mechanisms of capture. Second, it analyzes the effect of institutional responses to capture, including limiting rent-seeking, making the agent more initially hostile to the group, and decreasing the strength of capture. A key implication is that aligning ...


Indigenous Mobilisation And The Law Of Consultation In Peru: A Boomerang Pattern?, Claire Wright 2014 Universidad Autónoma de Nuevo León

Indigenous Mobilisation And The Law Of Consultation In Peru: A Boomerang Pattern?, Claire Wright

The International Indigenous Policy Journal

Prior to 2009, it was difficult to speak of a national level Indigenous movement in Peru with an impact on national politics. However, the situation changed after the tragic events known as the Baguazo. Little by little, diverse organisations representing different ethnic groups came together to push for a law of consultation, which was promulgated in 2011. Nevertheless, the process has been highly complex and is still ongoing. The aim of this article is to offer some interpretative clues in order to understand how the national level movement came about, as well as how it made an impact on national ...


The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci 2014 University of Georgia School of Law

The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci

Georgia Journal of International & Comparative Law

No abstract provided.


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