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Climate Change And Legitimate Governance: Land Use And Transportation Law And Policy In California, Thomas D. Beamish, Ryken Grattet, Debbie Niemeier 2017 Brooklyn Law School

Climate Change And Legitimate Governance: Land Use And Transportation Law And Policy In California, Thomas D. Beamish, Ryken Grattet, Debbie Niemeier

Brooklyn Law Review

The primary challenge of addressing climate change lies in it requiring a rethinking and even reorganization of fundamental societal institutions that define much of contemporary life. In this paper, we examine an innovative effort to address climate change through regional land-use and transportation policy. We focus on the activities of a Metropolitan Planning Organization (MPO)—a novel governance structure that coordinates transportation funding between federal, state, and local governments. In 2008, the California senate mandated that the state’s seventeen MPOs implement the Sustainable Communities Strategies Act (SB 375), an effort to align transportation and land-use planning with the state ...


Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane 2017 University of Michigan Law School

Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane

Articles

"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct ...


A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz 2017 University of Michigan Law School

A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz

Michigan Telecommunications and Technology Law Review

With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy ...


Robocar Risks, Michael Lewyn 2016 Touro Law Center

Robocar Risks, Michael Lewyn

Michael E Lewyn

Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.


2007 Cnu Blog Posts, Michael Lewyn 2016 Touro Law Center

2007 Cnu Blog Posts, Michael Lewyn

Michael E Lewyn

The Congress for New Urbanism (cnu.org) once had a group blog that I contributed to. These are my 2007 posts, mostly about the 2007 CNU conference.


Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg 2016 Brooklyn Law School

Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg

Brooklyn Law Review

The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific ...


Uber V. Regulation: “Ride-Sharing” Creates A Legal Gray Area, Yanelys Crespo 2016 University of Miami Law School

Uber V. Regulation: “Ride-Sharing” Creates A Legal Gray Area, Yanelys Crespo

University of Miami Business Law Review

Technological innovations are quickly re-shaping our world and even changing the way we travel from place to place. Although the concept of “ride-sharing” only just emerged in 2010, it has rapidly gained popularity and expanded across the globe, offering a new way to get around major cities via a mobile application that instantly links drivers and passengers through the phone’s GPS system. At the forefront of this movement is Uber—the multibillion- dollar company and pioneer of ride-sharing that has experienced unprecedented growth and success in its short existence. However, Uber’s expansion into most major cities across the ...


Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter 2016 USAF

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic ...


Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson 2016 Selected Works

Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson

J. Jonas Anderson

This Article argues that the temporary presence exception was not designed to allow conveyance owners the ability to select the most optimal patent system under which to be subject. It also examines the ramifications of the temporary presence exception on international commerce and concludes that increased use of the exception may result in reduced values for patents relating to international conveyances, reduced incentives to invest in and develop technologies in international conveyances, and a decrease in the quality of various domestic patent systems worldwide. Finally, this Article proposes a solution to these problems. The temporary presence exception has received some ...


Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer

Nevada Law Journal

No abstract provided.


Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb 2016 University of Georgia School of Law

Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb

Georgia Journal of International & Comparative Law

No abstract provided.


A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof 2016 University of Michigan Law School

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications and Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the ...


No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy 2016 Pepperdine University

No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy

The Journal of Business, Entrepreneurship & the Law

First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability ...


International Fisheries Regulation, John P. Rivers 2016 University of Georgia School of Law

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


Challenging The 2013 Rule Implementing Regulations On Oversnow Vehicle Use In Yellowstone National Park, Brian Bieschke 2016 Boston College Law School

Challenging The 2013 Rule Implementing Regulations On Oversnow Vehicle Use In Yellowstone National Park, Brian Bieschke

Boston College Environmental Affairs Law Review

In 2013, the National Park Service (“NPS”) promulgated a new rule to regulate the use of snowmobiles and snowcoaches in Yellowstone National Park during the winter months. The innovation and development of such “oversnow” vehicles increased park visitors’ access to Yellowstone’s majestic wonders throughout winter. Unfortunately, because such vehicles emitted noise and air pollution and created safety hazards, their unfettered use throughout the winter season posed an ever-increasing threat to the natural integrity of Yellowstone and to visitors. To mitigate the negative effects of oversnow vehicles on Yellowstone, the NPS began restricting their use by placing fixed limitations on ...


Cycling Around The Car : An Analysis Of America’S Car Culture, Cycling For Transportation In The Netherlands, And An Exploration Of Policy Solutions., Stephanie Dooper 2016 University of Louisville

Cycling Around The Car : An Analysis Of America’S Car Culture, Cycling For Transportation In The Netherlands, And An Exploration Of Policy Solutions., Stephanie Dooper

College of Arts & Sciences Senior Honors Theses

No abstract provided.


Book Review: Law-Making In The International Civil Aviation Organization. By Thomas Buergenthal. Syracuse: Syracuse University Press, 1969. Pp. Xiii, 247. $10.50., William C. Bushnell 2016 University of Georgia School of Law

Book Review: Law-Making In The International Civil Aviation Organization. By Thomas Buergenthal. Syracuse: Syracuse University Press, 1969. Pp. Xiii, 247. $10.50., William C. Bushnell

Georgia Journal of International & Comparative Law

No abstract provided.


Bicycle Laws In The United States-Past, Present, And Future, Ken McLeod 2016 League of American Bicyclists Legal Affairs Committee

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod

Fordham Urban Law Journal

No abstract provided.


Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked 2016 Northwestern University School of Law

Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked

Fordham Urban Law Journal

No abstract provided.


Bakken Crude And The Ford Pinto Of Railcars: The Growing Need For Adequate Regulation Of The Transportation Of Crude Oil By Rail, Evan W. Busteed 2016 Villanova University Charles Widger School of Law

Bakken Crude And The Ford Pinto Of Railcars: The Growing Need For Adequate Regulation Of The Transportation Of Crude Oil By Rail, Evan W. Busteed

Villanova Environmental Law Journal

No abstract provided.


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