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Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski 2015 Gibson, Dunn & Crutcher, LLP

Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski

Boston College Environmental Affairs Law Review

Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. Courts have struggled to balance these components and, in practice, different requirements have developed for meeting standing depending on the nature of the case and the type of party bringing suit. This Article explores the U.S. Court of Appeals for the District of Columbia ...


Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker 2015 Boston College Law School

Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker

Boston College Environmental Affairs Law Review

Because automobiles cause harmful effects on the environment, the United States should encourage bicycling as an alternative means of transportation to automobiles. Many Americans elect not to cycle as a means of transportation out of fear of a collision with an automobile. Such collisions can be devastating physically and financially, and yet, after a bicycle-automobile collision, cyclists often bear the burden of proving negligence in a suit against the driver, and are often left without a remedy for their injuries. Other countries, such as the Netherlands, use a form of strict liability in lawsuits concerning bicycle-automobile collisions, which shifts the ...


Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan DeLara 2015 Occidental College

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and social ...


International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell 2015 University of Georgia School of Law

International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foundations Of Aviation Law, Ian McAndrew 2015 ERAU-WW

Book Review: Foundations Of Aviation Law, Ian Mcandrew

International Journal of Aviation, Aeronautics, and Aerospace

This review provides insight on the content and a review of the quality of the recent release of Foundations of Aviation Law from Ashgate Publications.

This review does not reflect the views of IJAAA or ERAU. This work was not peer reviewed.


How Suburbia Happened In Toronto, Michael Lewyn 2015 Touro Law Center

How Suburbia Happened In Toronto, Michael Lewyn

Michael E Lewyn

No abstract provided.


United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal 2015 University of Georgia School of Law

United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal

Georgia Journal of International & Comparative Law

No abstract provided.


Multimodal Transportation Under The Rotterdam Rules: Legal Implications For European Carriage Of Goods And The Quest For Uniformity, Olena Bokareva 2015 Lund University

Multimodal Transportation Under The Rotterdam Rules: Legal Implications For European Carriage Of Goods And The Quest For Uniformity, Olena Bokareva

Olena Bokareva

The increase in intercontinental trade and the modernization of transport infrastructure has transformed the traditional patterns of carriage of goods globally. The transportation by land precedes and follows the sea carriage. These developments led to the growing use of multimodal transportation, which simplifies the door-to-door delivery of goods by different modes of transport under a single contract. The existing transport conventions deal with one specific mode of transport, such as sea, rail, air and inland waterways, while an international mandatory convention related to multimodal transportation is lacking. The previous attempts to create an international legal instrument to govern this type ...


Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard 2015 College of William & Mary Law School

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result ...


Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider 2015 College of William & Mary Law School

Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider

William & Mary Law Review

No abstract provided.


An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond 2015 Notre Dame Law School

An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond

Notre Dame Law Review Online

The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.

At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access ...


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 ...


One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve Darnell 2015 University of Nevada - Reno

One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve Darnell

Steve R Darnell

Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving. This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving ...


(Still) "Unsafe At Any Speed": Why Not Jail For Auto Executives?, Rena I. Steinzor 2015 University of Maryland - Baltimore

(Still) "Unsafe At Any Speed": Why Not Jail For Auto Executives?, Rena I. Steinzor

Faculty Scholarship

Americans can be forgiven for wondering what has gone so drastically wrong with the companies that sell automobiles. In 2014, 64 million, a number equivalent to one in five of the cars on the road, was recalled. Safety defects such as the lack of torque in ignition switches installed in GM compact cars like the Cobalt put motorists in the terrifying position of coping with a stalled engine and loss of power brakes while traveling at high speeds. GM had the audacity to classify this condition was not a safety defect, but instead was merely “inconvenient” for its customers. It ...


Law Abiding Drones, Henry Perritt, Eliot Sprague 2015 Chicago-Kent College of Law

Law Abiding Drones, Henry Perritt, Eliot Sprague

Henry H. Perritt, Jr.

Law Abiding Drones


Ending Drunk Driving With A Flash Of Light, Andrew Sullivan 2015 University of Richmond

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Law Student Publications

Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to ...


Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough 2015 University of Baltimore School of Law

Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough

University of Baltimore Law Review

No abstract provided.


Department Of Homeland Security V. Maclean: What Law Is And Who Makes It, Kristine A. Bergman, Joseph Weishampel 2015 Loyola University Chicago, School of Law

Department Of Homeland Security V. Maclean: What Law Is And Who Makes It, Kristine A. Bergman, Joseph Weishampel

Loyola University Chicago Law Journal

No abstract provided.


21st Century Futurama: Contemplating Removal Of Urban Freeways In The World Of Tomorrow, Jessica Kraft-Klehm 2015 Washington University School of Law

21st Century Futurama: Contemplating Removal Of Urban Freeways In The World Of Tomorrow, Jessica Kraft-Klehm

Washington University Journal of Law & Policy

Urban freeway removal has been increasing in popularity due to its viability as a mechanism for positive urban development, as it is thought to spur economic development and the revitalization of many ‘downtown’ areas that have been blighted by an unfair system. This Note discusses the Federal-Aid Highway Act and its impact on urban America. Ultimately, this note proposes that national transportation policy be revised to actively promote urban freeway removal projects.


The Criminalization Of Walking, Michael Lewyn 2014 Touro Law Center

The Criminalization Of Walking, Michael Lewyn

Michael E Lewyn

Because walking improves human health and reduces pollution, one might think that the law should encourage walking and discourage driving But in fact, criminal law sometimes punishes walkers, in two major respects. First, state and city laws against something often referred to as “jaywalking” limit walkers’ ability to cross streets. As a result of these laws, police can fine (and even arrest) walkers. Second, bureaucrats and police sometimes interpret child neglect laws to mean that preteen children may never walk on their own, and have sometimes arrested child pedestrians' parents or sought to place the children in state care. This ...


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