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Old Habits Die Hard: Past And Current Issues With Eugenics And Forcible Sterilizations In California, Stephanie Lauren Borrowdale 2015 California Western School of Law

Old Habits Die Hard: Past And Current Issues With Eugenics And Forcible Sterilizations In California, Stephanie Lauren Borrowdale

Stephanie Lauren Borrowdale

While other states have been able to successfully move past their history with eugenics by acknowledging and redressing the harm caused, the issue of forcible sterilizations lingers in California. As the California legislature dealt with a new breed of eugenic policies that emerged in the state penal system, is enough being done to address California’s reliance on forcible sterilizations? This Comment addresses California’s history with forcible sterilization practices and the current issues with sterilization procedures in the California penal system, as well as what measures California has taken to remedy these issues.


Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment, Posner Center for International Development, RESOLVE (Firm), Newmont Mining Corporation 2015 University of Colorado Law School

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the ...


Caught Off-Balance: How Implementing Structural Changes To State Balanced Budget Requirements Can Foster Fiscal Responsibility And Promote Long-Term Economic Health, Evan O'Connor 2015 Boston College Law School

Caught Off-Balance: How Implementing Structural Changes To State Balanced Budget Requirements Can Foster Fiscal Responsibility And Promote Long-Term Economic Health, Evan O'Connor

Boston College Law Review

Although forty-nine states have balanced budget requirements, states still consistently face massive budgetary shortfalls. Many states face serious enforcement issues, leaving the states vulnerable to violations of their balanced budget requirements through budgetary manipulation and gimmicks. Although not easily resolved, these problems could be mitigated or settled entirely through the use of alternative balanced budget systems. This Note explores the problems and gimmicks that cripple the effectiveness of state balanced budget requirements. This Note then proposes alternative balanced budget requirement structures that could alleviate many of these problems. In particular, this Note argues that cyclical-based budgets, reality-based budgeting, and alternative ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


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 ...


Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, Marisa P. Kaley 2015 Boston College Law School

Protecting Endangered Species Habitat On Private Property: The Public-Private Constitutional Balance Need Not Be A Zero-Sum Game, Marisa P. Kaley

Boston College Environmental Affairs Law Review

In 2006, the thirty-six acre parcel of land in Hampden, Massachusetts on which William and Marlene Pepin planned to build their retirement home was designated as “priority habitat” for the eastern box turtle, a species of special concern in the Commonwealth. The designation triggered development restrictions intended to prevent harm to the turtle, prompting the Pepins to challenge both the validity of the Massachusetts Endangered Species Act regulations that implement the priority habitat scheme, and the decision by the Department of Fisheries and Wildlife to so delineate their property. The Massachusetts Supreme Judicial Court upheld the priority habitat scheme and ...


Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna 2015 Boston College Law School

Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna

Boston College Environmental Affairs Law Review

As the effects of climate change increasingly become a reality, policymakers have recognized the need for more renewable energy, such as wind and solar power, and the benefits of distributed generation. One important way that both renewable energy and distributed generation are being addressed is through the use of electrical net metering policies. Net metering allows property owners to generate their own electricity and to receive credit from their utility company for any excess. State net metering policies are pervasive—forty-three states and the District of Columbia have adopted some form of net metering—and yet uncertainty remains about their ...


Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas 2015 Boston College Law School

Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas

Boston College Environmental Affairs Law Review

For the hundreds of thousands of Americans who reside in poor, unincorporated settlements along the Texas-Mexico border called Colonias, a new source of hope has arisen from the unlikeliest of sources: fracking. Until recently, many Colonias were just shantytowns riddled with costly infrastructure problems that caused various environmental health concerns. Through fracking in South Texas’ Eagle Ford Shale, Colonias are now part of one of the greatest oil booms this country has ever seen. The Eagle Ford Shale’s economic output has generated billions in tax revenue across Texas and has transformed the value of the land that the Colonias ...


Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher 2015 Boston College Law School

Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher

Boston College Environmental Affairs Law Review

Although oil and gas companies continue to maintain that fracking is safe and there is no risk of injury, personal accounts from residents of areas with a fracking industry presence suggest otherwise. Oil and gas companies utilize a variety of mechanisms to ensure secrecy within the industry. Through gaps in federal regulation, the classification of fracking fluid as a trade secret, sealed settlements, and confidentiality orders imposed on people injured by fracking, access to information about the industry—including chemicals used and harm to residents—is minimal. This Note argues that the implementation of state sunshine laws is one possible ...


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 ...


Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil 2015 Columbia Law School - Research Fellow & Director, Public Rights / Private Conscience Project

Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil

Kara Loewentheil

Reaction to the Supreme Court's opinion in Hobby Lobby v. Burwell was swift and extreme from almost all quarters. Members of the Satanic Temple, a religious group focused on personal autonomy, individual freedom, and ethical action, announced that they would henceforth be objecting to so-called “informed consent” statutes in the abortion services context. Wisconsin Governor Scott Walker’s administration, on the other hand, announced that he would no longer be enforcing Wisconsin's contraceptive equity law because it was “preempted” by the Supreme Court's decision. In this Article, I demonstrate that Scott Walker’s administration and the Satanic ...


Environmental Federalism's Tug Of War Within, Erin Ryan 2015 Lewis & Clark Law School

Environmental Federalism's Tug Of War Within, Erin Ryan

Erin Ryan

Anyone paying attention has noticed that many of the most controversial issues in American governance—health care reform, marriage rights, immigration, drug law, and others—involve questions of federalism. The intensity of these disputes reflects inexorable pressure on all levels of government to meet the increasingly complicated challenges of governance in an ever more interconnected world, where the answers to jurisdictional questions are less and less obvious. Yet even as federalism dilemmas continue to erupt all from all corners, environmental law remains at the forefront of controversy, and it is likely to do so for some time. From mining to ...


The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn 2015 Touro Law Center

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Michael E Lewyn

Many commentators treat municipal comprehensive planning as necessary (or at least sufficient) for smart growth. This essay argues that comprehensive plans, although desirable, are neither necessary nor sufficient for "smarter" (that is, more nondriver-friendly) development.


Wynne: It's Not About Double Taxation, Michael S. Knoll, Ruth Mason 2015 University of Pennsylvania Law School

Wynne: It's Not About Double Taxation, Michael S. Knoll, Ruth Mason

Faculty Scholarship

This Article discusses Wynne v. Comptroller, a dormant Commerce Clause case against Maryland pending before the Supreme Court. We use economic analysis to rebut Maryland’s claim that its tax regime does not discriminate against interstate commerce. We also argue that the parties’ framing of the central issue in the case as whether the Constitution requires states to relieve double taxation draws focus away from the discrimination question, and therefore could undermine the Wynnes’ case and lead to unjustified narrowing of the dormant Commerce Clause. We also show how our approach to tax discrimination resolves many of the issues that ...


Appellate Division, First Department, People V. Celaj, Danielle Dupré 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, People V. Celaj, Danielle Dupré

Touro Law Review

No abstract provided.


Apellate Division, Third Department, People V. Kelley, Elyssa Lane 2014 Touro College Jacob D. Fuchsberg Law Center

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Johnson, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, People V. Johnson, Denise Shanley

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


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.


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