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City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus 2016 Alexander Blewett III School of Law at the University of Montana

City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus

Public Land and Resources Law Review

In Colorado, the oil and gas industry's use of hydraulic fracturing, and municipalities’ attempts to restrict where the practice can be done, are at odds. Those in favor of hydraulic fracturing laud the economic benefits and natural gas’s ability to burn cleaner than coal, while those in opposition warn of potential adverse environmental impacts including the strain on water resources in the arid west. The City of Longmont was sued following its enactment of an amendment outlawing hydraulic fracturing within city limits. The City’s amendment was found to be preempted by state law, and thus could not ...


Project Belle, Llc Formal Response Letter To Board & Attachments.Pdf, Daniel A. Horwitz 2016 Selected Works

Project Belle, Llc Formal Response Letter To Board & Attachments.Pdf, Daniel A. Horwitz

Daniel A. Horwitz

No abstract provided.


The New Federal Regulation Of Corporate Governance, Jill E. Fisch 2016 University of Pennsylvania Law School

The New Federal Regulation Of Corporate Governance, Jill E. Fisch

Jill Fisch

No abstract provided.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


E-Mail Service In New York State, Anastazia Sienty 2016 Pace University

E-Mail Service In New York State, Anastazia Sienty

Pace Law Review

This article will review New York’s service statute, C.P.L.R. § 308, in light of today’s culture and communications. Part One reviews the Constitutional framework of service, the statutory demands for e-mail as a method of service with appropriate leave of court, and provides an overview of the statute. Part Two reviews the evolution of New York case law. Part Three focuses on “how to” use C.P.L.R. § 308(5) to obtain service of process by e-mail. Part Four contemplates the future of service via e-mail.


Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer 2016 University of Miami Law School

Hurst V. Florida’S Ha’P’Orth Of Tar: The Need To Revisit Caldwell, Clemons, And Proffitt, Craig Trocino, Chance Meyer

University of Miami Law Review

In Hurst v. Florida, the Supreme Court held Florida’s death penalty scheme violated the Sixth Amendment because judges, rather than juries, found sentencing facts necessary to impose death. That Sixth Amendment ruling has implications for Florida’s Eighth Amendment jurisprudence.

Under the Eighth Amendment rule of Caldwell v. Mississippi, capital juries must appreciate their responsibility for death sentencing. Yet, Florida has instructed juries that their fact-findings merely support sentencing recommendations, while leaving the ultimate sentencing decision to a judge. Because Hurst clarifies that the Sixth Amendment requires juries to find the operative set of facts on which sentences are ...


The Price Of United States Noncompliance With United Nations Rhodesian Sanctions, Evita A. Paschall 2016 University of Georgia School of Law

The Price Of United States Noncompliance With United Nations Rhodesian Sanctions, Evita A. Paschall

Georgia Journal of International & Comparative Law

No abstract provided.


Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell 2016 Seattle University School of Law

Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell

Seattle University Law Review

Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal ...


Criminalizing The State, François Tanguay-Renaud 2016 Osgoode Hall Law School of York University

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

No abstract provided.


Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr. 2016 Boston College Law School

Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Derived from ancient Justinian and English common law, the “public trust doctrine” vests ultimate and inalienable ownership of certain tracts of land in the state. Many states have incorporated some variation of the public trust doctrine into their statutes, constitutions, or common law. The application of the public trust doctrine, however, has been challenged as constituting a Fifth Amendment regulatory taking of private property under the United States Constitution, giving rise to the need for just compensation. This type of application of the public trust doctrine was at issue in the nearly decade-long saga culminating in the decision of Palazzolo ...


Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop 2016 Boston College Law School

Cooperative Federalism And Visibility Protection Under The Clean Air Act, Nicholas Knoop

Boston College Environmental Affairs Law Review

In 2005, the U.S. Environmental Protection Agency (EPA) issued regulations pursuant to the Clean Air Act requiring states to submit plans to address visibility impairment due to air pollution. The regulations directed states to consider installing emissions controls at certain stationary sources according to five factors, including the cost of compliance. In Oklahoma v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Tenth Circuit held that EPA lawfully rejected Oklahoma’s plan because the state plan failed to follow EPA-promulgated guidelines when determining the cost of compliance factor. This Comment argues that the outcome ...


Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder 2016 Boston College Law School

Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder

Boston College Law School Faculty Papers

Magna Carta’s connection to the American constitutional tradition has been traced to Edward Coke’s insertion of English liberties in the 1606 Virginia Charter. This account curiously turns out to be unsupported by direct evidence. This Article recounts an alternative history of the origins of English liberties in American constitutionalism. A quarter century before the Virginia charter, provisions assuring liberties to English children born overseas were inserted in the earliest letters patent. These provisions drew on an older practice extending liberties to children born overseas. Because of these provisions, persons born in the colonies were guaranteed the same liberties ...


Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce 2016 New York Law School

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce

Rooftops Project

What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.


Promoting Justice From The Inside: The Counseling Role Of Local Government And School District Attorneys, Lisa F. Grumet 2016 New York Law School

Promoting Justice From The Inside: The Counseling Role Of Local Government And School District Attorneys, Lisa F. Grumet

Impact Center for Public Interest Law

No abstract provided.


Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder 2016 Boston College Law School

Charter Constitutionalism: The Myth Of Edward Coke And The Virginia Charter, Mary S. Bilder

Mary Sarah Bilder

Magna Carta’s connection to the American constitutional tradition has been traced to Edward Coke’s insertion of English liberties in the 1606 Virginia Charter. This account curiously turns out to be unsupported by direct evidence. This Article recounts an alternative history of the origins of English liberties in American constitutionalism. A quarter century before the Virginia charter, provisions assuring liberties to English children born overseas were inserted in the earliest letters patent. These provisions drew on an older practice extending liberties to children born overseas. Because of these provisions, persons born in the colonies were guaranteed the same liberties ...


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


The Chieftal System In Twentieth Century America: Legal Aspects Of The Matai System In The Territory Of American Samoa, A. P. Lutali, William J. Stewart 2016 High Court of American Samoa

The Chieftal System In Twentieth Century America: Legal Aspects Of The Matai System In The Territory Of American Samoa, A. P. Lutali, William J. Stewart

Georgia Journal of International & Comparative Law

No abstract provided.


Trading With Socialist Partners, Josef Rohlik 2016 Saint Louis University

Trading With Socialist Partners, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott 2016 University of Georgia School of Law

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


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