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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre 2020 Seattle University School of Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging ...


Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn 2020 Peter A Allard School Law, University of British Columbia

Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn

Osgoode Hall Law Journal

In 2013, under threat of a resident petition and, at worst, an Ontario Municipal Board (OMB) order that would unilaterally impose new electoral districts, the City of Toronto embarked on its first ward boundary review (WBR) since the enactment of the City of Toronto Act, 2006 (COTA). The WBR highlighted the scattered application of subsidiarity within Canada’s federation. Under the notion of federalism enshrined in the Canadian Constitution, municipalities are granted only those powers that derive from provincial legislation. However, the Supreme Court of Canada has invoked the European principle of “subsidiarity” to reframe municipal authority over local issues ...


State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner 2020 Washington and Lee University School of Law

State Prosecutors At The Center Of Mass Imprisonment And Criminal Justice Reform, Nora V. Demleitner

Scholarly Articles

State prosecutors around the country have played a crucial role in mass imprisonment. Little supervision and virtually unsurpassed decision making power have provided them with unrivaled influence over the size, growth, and composition of our criminal justice system. They decide which cases to prosecute, whether to divert a case, whether to offer a plea, and what sentence to recommend. Their impact does not stop at sentencing. They weigh in on alternative dockets, supervision violations, parole release, and even clemency requests. But they are also part of a larger system that constrains them. Funding, judicial limits on their power, and legislative ...


Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq. 2020 University of the District of Columbia School of Law

Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq.

University of the District of Columbia Law Review

Remarks of Jon S. Bouker, Esq., Chair, DC Appleseed Center for Law and Justice, at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson 2020 University of the District of Columbia School of Law

2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson

University of the District of Columbia Law Review

Keynote speech of Wade Henderson at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers 2020 University of the District of Columbia School of Law

Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers

University of the District of Columbia Law Review

On January 3, 2019, Congresswoman Eleanor Holmes Norton, the District of Columbia's (the "District') nonvoting delegate to the House of Representatives, reintroduced the Washington, D.C. Admission Act, which would make much of the District the 51st state. While Norton had made a tradition of opening each new Congress by introducing D.C. democracy bills, the context this time gave District advocates more reason to be optimistic. With the Democrats gaining control of the House, the bill gained a record 155 original cosponsors, and Representative Elijah Cummings, chair of the House Committee on Oversight and Reform, committed to holding ...


A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe 2020 University of the District of Columbia School of Law

A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe

University of the District of Columbia Law Review

The League of Women Voters of the District of Columbia ("LWVDC"), a chapter of the League of Women Voters of the United States ("LWVUS" or the "League"), has long been a staunch supporter of equality for the District of Columbia ("D.C." or the "District") by advocating for voting rights in Congress, promoting local control of local affairs, and supporting a Constitutional amendment when it was proposed. Statehood for the People of D.C., as it is currently constructed, is a newer idea that has been shrouded in much confusion and misunderstanding for people in other parts of the country ...


A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh 2020 University of the District of Columbia School of Law

A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh

University of the District of Columbia Law Review

Unlike many citizens of the United States, citizens of the District of Columbia are denied a vote in the national legislature. Not only are they denied a voting representative on matters of national scope and importance, but Congress may control all facets of local governance for the 700,000 residents of the District. This paper suggests a new initiative. It calls for the D.C. Council, under its "Home Rule" authority granted by Congress, to amend a federal law, "The District of Columbia Delegate Act," ("Delgate Act") and give the District's delegate to the House of Representatives the authority ...


New Policies Give Solar Users An Economic Boost, Olivia Fowler 2020 Brigham Young University

New Policies Give Solar Users An Economic Boost, Olivia Fowler

Marriott Student Review

The future looks bright for Solar Energy, as more States and Territories in the United States commit to moving to 100% renewable energy. What are the different states and territories committing to exactly, and what economic incentives are they bringing? Find out in this article by author Olivia Fowley.


In Terrorem Clauses: Broad, Narrow, Or Both?, Evan J. Shaheen 2020 Notre Dame Law School

In Terrorem Clauses: Broad, Narrow, Or Both?, Evan J. Shaheen

Notre Dame Law Review

While the idea of the “carrot and stick” seems simple in theory, in terrorem clauses are governed by state law, with their application varying in large part by jurisdiction. Nevertheless, this Note seeks to identify some of the broad principles on which many in terrorem clauses rely, while also delineating several of the different state law approaches thereto. It does this by describing some of the potential problems with in terrorem clauses and posing potential solutions in the context of a variety of state law jurisprudence.

This Note will first address what will be defined as the “puppet problem.” By ...


Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez 2020 Bexar County Court at Law #13

Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa 2020 St. Mary's University

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Under Ten Eyes, Anthony Michael Kreis 2020 Chicago-Kent College of Law

Under Ten Eyes, Anthony Michael Kreis

Washington and Lee Law Review Online

Carliss Chatman’s If a Fetus Is a Person, It Should Get Child Support, Due Process and Citizenship brilliantly captures the moment America is in, where abortion rights hang in the balance as state legislators, like those in Alabama, Georgia, Ohio, and elsewhere clamor to embrace fetal personhood. But, as Professor Chatman illustrates, legislators have expressed no interest in the full logical extent of this policy or the rights that should attach to a fetus if their measures ultimately become effective. The article incisively demonstrates how fetal personhood is singularly focused on ending abortion in the United States and is ...


Personhood: Law, Common Sense, And Humane Opportunities, Helen M. Alvaré 2020 George Mason University School of Law

Personhood: Law, Common Sense, And Humane Opportunities, Helen M. Alvaré

Washington and Lee Law Review Online

It is pointless to approach Professor Chatman’s argument on its own terms (to wit, “tak[ing] our laws seriously,” or equal application across myriad legal categories of “full personhood” rights) because these terms are neither seriously intended nor legally comprehensible. Instead, her essay is intended to create the impression that legally protecting unborn human lives against abortion opens up a Pandora’s box of legal complications so “ridiculous” and “far-fetched” that we should rather just leave things where they are under the federal Constitution post-Roe v. Wade and Planned Parenthood v. Casey. This impression, in turn, is a ...


If A Fetus Is A Person, It Should Get Child Support, Due Process, And Citizenship, Carliss N. Chatman 2020 Washington and Lee University School of Law

If A Fetus Is A Person, It Should Get Child Support, Due Process, And Citizenship, Carliss N. Chatman

Washington and Lee Law Review Online

This Article was originally published in The Washington Post on May 17, 2019. It has been edited and updated prior to its publication in the Washington and Lee Law Review.

Alabama has joined the growing number of states determined to overturn Roe v. Wade by banning abortion from conception forward. The Alabama Human Life Protection Act subjects a doctor who performs an abortion to as many as ninety-nine years in prison. The law has no exceptions for rape or incest. It redefines an “unborn child, child or person” as “[a] human being, specifically including an unborn child in utero at ...


“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay 2020 Boston College Law School

“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay

Boston College Law Review

In the face of increased gun violence and mass shootings in the United States, so-called “red flag” laws have become a new and popular tool for protecting public safety. The laws are gaining momentum in state houses around the country because they provide law enforcement with a means to expeditiously remove firearms from potentially dangerous individuals—regardless of the individual’s criminal record and mental health history. Thus far, the laws are a magnet for constitutional challenges—including claims that the laws violate the Second Amendment to the U.S. Constitution. This Note provides a historical and legal background of ...


An Open Letter To The Ohio Supreme Court: Setting A Uniform Standard On Anders Briefs, Matthew D. Fazekas 2020 Cleveland-Marshall College of Law

An Open Letter To The Ohio Supreme Court: Setting A Uniform Standard On Anders Briefs, Matthew D. Fazekas

Cleveland State Law Review

Attorneys are faced with an ethical dilemma when they represent indigent defendants who wish to appeal a criminal sentence, but that appeal would be frivolous. In 1967, the United States Supreme Court, in Anders v. California, introduced a procedure protecting the rights of indigent defendants that balanced the ethical concerns of an attorney forced to file a frivolous appeal. In 2000, the Court in Smith v. Robbins held that the states can set their own procedure for the aforementioned ethical dilemma, so long as it protects the rights of indigent defendants in compliance with the Fourteenth Amendment. This has led ...


Land Of The Free, If You Can Afford It: Reforming Mayor's Courts In Ohio, Lucia Lopez-Hisijos 2020 Cleveland-Marshall College of Law

Land Of The Free, If You Can Afford It: Reforming Mayor's Courts In Ohio, Lucia Lopez-Hisijos

Cleveland State Law Review

Unlike most states in America, Ohio has a unique system of punishing minor misdemeanors and ordinance violations through municipal institutions called mayor’s courts. In 2017, Ohio had 295 of these courts, and they heard nearly 300,000 cases. But these are not normal courts. Ohio’s mayor’s courts do not conduct ability to pay hearings and can jail defendants who fail to pay court fines. With the author’s original research into Ohio’s mayor’s courts, this Note argues that these institutions can function like modern-day debtor’s prisons and violate indigent defendants’ constitutional right to Due ...


A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger 2020 University of Miami School of Law

A Matter For Interpretation: An Inquiry Into Confederate Symbolism And The Florida State Flag, Nicholas Mignanelli, Sarah C. Slinger

University of Miami Race & Social Justice Law Review

Are the red bars found on Florida’s state flag a remnant of early twentieth-century nostalgia for the Confederacy? Who first proposed this design and why? What did this change mean to the citizens who witnessed it? This Article is an attempt to answer these questions by approaching them through the lenses of original intent and original meaning. In doing so, the Authors advance new strategies for decision-makers interested in uncovering the motives of those who first erected or affixed allegedly Confederate monuments and symbols.


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