Digital Commons Network^™

The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka

American Indian Law Review

No abstract provided.

Santa Clara Magazine, Volume 46 Number 2, Fall 2004, Santa Clara University

Santa Clara Magazine

8 - PRIZE-WINNING POETRY By Alexander Matthew Weyand '04. A poem by an SCU junior wins two student poetry competitions at SCU.

10 - I HAVE A QUESTION By Miriam Schulman. The director of communications for the Markkula Center for Applied Ethics at SCU explores the ethics of Internet research.

14 - JUSTICE IS SERVED By Susan Vogel. The Santa Clara University Community Law Center celebrates 10 years of service with a new endowment and a new name.

Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Salt Equalizer, Vol. 2004, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Drake and Texas Affairs Raise Spector of Federal Interference with Academic Freedom, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Kent Greenfield, Third Circuit to Hear Oral Argument in May on Denial of Preliminary Injunction in Solomon Amendment Lititgation, at 3.

Bob Dinerstein, Judicial Nominations Remain Contentious, at 4.

Margaret E. Montoya, An Update on Affirmative Action, at 5.

Holly Maguigan & Beto Juarez, Letter to the Editor, Chronicle of Higher Education, at 5.

Stephen Wizner, A Brief History of the Annual Robert M. Cover Public …

Double Whammy: Collateral Consequences Of Conviction And Imprisonment For Sustainable Communities And The Environment, Avi Brisman

William & Mary Environmental Law and Policy Review

No abstract provided.

(So) What If It's All Just Rhetoric?, David Mcgowan

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of For The Sake of Argument: Practical Reasoning, Character, and the Ethics of Belief. By Eugene Garver. Chicago, University of Chicago Press. 2004. 264 pp. Reviewed by: David McGowan

Sustainable Development Scenarios For The Richard B. Russell Parkway, Jesse Fountain, Judith R. Wasserman, Jamie Baker Roskie

Land Use Clinic

For many years local elected officials, the state legislative delegation, and community leaders worked diligently to get Richard Russell Parkway extended to Interstate 75 and provide the Warner Robins area with a second interchange to serve the City and Robins AFB. The project became a reality in the spring of 2002 when the Georgia Department of Transportation awarded a construction contract for the Parkway's extension. During the spring of 2003, with construction work progressing toward an October 31, 2004, completion date, the Mayor and City Council decided to explore alternative development concepts for the Parkway.

The goal of this document …

Regulatory Diversification And The Monitoring State: The Direction Of Environmental Regulation In Taiwan, Beth E. Kinne

Washington International Law Journal

Rapid industrialization in Taiwan in the latter half of the twentieth century resulted in dramatic increases in industrial pollution and municipal waste, leaving few places on the small island spared from severe pollution. Public pollution protests in the 1970s and 1980s both contributed to and increased with the liberalization of Taiwanese society. With the end of martial law in 1987 and subsequent creation of the Environmental Protection Agency, Taiwan adopted a command and control regulatory scheme that achieved limited success. From the 1980s onward, the Taiwanese government came to rely upon the participation of a greater number and variety of …

Meeting Human Needs: Examining The Social Safety Net For Working America, Stephanie M. Wildman

Santa Clara Law Review

No abstract provided.

Promoting Social And Economic Justice Through Interdisciplinary Work In Transactional Law, Susan R. Jones

GW Law Faculty Publications & Other Works

Drawing upon the author's experience with a law school Small Business Clinic, this article claims that business law transactional practice is inherently interdisciplinary, involving collaboration from various disciplines, including law, business, accounting, finance, engineering, computer science, and the social sciences. The author explores the need for legal assistance for entrepreneurs and other small businesses, especially for women and minority business owners, and discusses the recent rise in small business clinics and community economic development (CED) clinical programs, which the author attributes to a trend away from government entitlements and toward personal responsibility and economic self-sufficiency, the failure of the litigation …

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes Doe II under a multi-tiered rubric. The first tier involves analyzing whether the Ninth Circuit was correct in its jurisdictional interpretation. The second tier studies the extent to which the Ninth Circuit's use of international law expanded previously accepted usage by United States courts. For example, after reading Doe II, a question arises as to whether the Ninth Circuit created a "complete" universal jurisdiction for torts under the ATCA. The final tier, involves analyzing foreseen legal consequences. That is, does Doe II expand causes of action for foreign human rights violations because the decision reduces possible defenses …

Hope Vi And Title Viii: How A Justifying Government Purpose Can Overcome The Disparate Impact Problem, Dana L. Miller

Saint Louis University Law Journal

No abstract provided.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg

The University of New Hampshire Law Review

[Excerpt] "On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. …

Individual Vulnerability And Cultural Transformation, Eric J. Mitnick

Michigan Law Review

Perhaps the most pressing problem in multicultural theory and practice today is the problem of individual vulnerability. Most interested theorists and multicultural states now accept the basic premise that some degree of state accommodation of minority cultural practice is required as a matter of justice. Debate then shifts to the best justifications for, and the appropriate extent of, such groupdifferentiated policy. Too often lost amid these discussions is the plight of vulnerable members of accommodated cultural groups: individuals subject to repression within their cultural groups, but who lose a critical aspect of their identities upon exit; individuals who would retain …

Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway

Osgoode Hall Law Journal

This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …

Addressing Urban Transportation Equity In The United States , Robert D. Bullard

Fordham Urban Law Journal

Transportation touches almost every aspect of our lives and plays a pivotal role in shaping human interactions, economic mobility, and sustainability. Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals. This article examines the inequity that exists in the United States when it comes to transit, as the benefits from transportation advancements and investments are not distributed equally among communities, making transportation equity an issue of civil rights and social justice. This article frames transportation issues as a continuation of the civil rights movement and the wrestling with differential treatment …

Digital Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper explains how theories of realspace architecture inform the prevention of computer crime. Despite the prevalence of the metaphor, architects in realspace and cyberspace have not talked to one another. There is a dearth of literature about digital architecture and crime altogether, and the realspace architectural literature on crime prevention is often far too soft for many software engineers. This paper will suggest the broad brushstrokes of potential design solutions to cybercrime, and in the course of so doing, will pose severe criticisms of the White House's recent proposals on cybersecurity.

The paper begins by introducing four concepts of …

Bayh-Dole Reform And The Progress Of Biomedicine, Arti K. Rai, Rebecca S. Eisenberg

Articles

Allowing universities to patent the results of government-sponsored research sometimes works against the public interest.

Taking Cover: Fifth Amendment Takings Jurisprudence As A Tool For Resolving Water Disputes In The American West, Jeffrey A. Wilcox

UC Law Journal

The Supreme Court's Fifth Amendment takings jurisprudence over the last half-century, through its notorious inconsistency, has provided relatively unreliable precedent for those seeking clearly to delineate the parameters of appropriate government intrusion upon private property rights. Although the Court has outlined a few categories where a per se taking has occurred, these categories cover but a small portion of takings challenges, thus leaving a broad swath of ambiguity for parties that might otherwise implement these decisions to vindicate their rights.

At present, litigants on both sides of a water dispute in the arid American West seek refuge in these scattered …

Toward A National Sustainable Development Strategy, John C. Dernbach

Buffalo Environmental Law Journal

No abstract provided.

Introduction: Symposium 2002: Rio + 10: Preparing For The Earth's Environmental Future Today, Brian C. Athey

William & Mary Environmental Law and Policy Review

No abstract provided.

Americanizing Sustainability: Place-Based Approaches To The Global Challenge, Timothy Beatley, Richard C. Collins

William & Mary Environmental Law and Policy Review

No abstract provided.

Therapeutic Justice In Alaska’S Courts, Teresa W. Carns, Michael G. Hotchkin, Elaine M. Andrews

Alaska Law Review

No abstract provided.

Hungary: The Social Care Home Report, Gabor Gombos, Dr. Katalin Peto, Eszter Kismodi, Sara Rotkin, Jean Bliss

NYLS Journal of International and Comparative Law

No abstract provided.

Smart Growth And Sustainable Development: Threads Of A National Land Use Policy, Patricia E. Salkin

Valparaiso University Law Review

No abstract provided.

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin

Saint Louis University Public Law Review

No abstract provided.

The Precautionary Principle And Marine Environmental Protection: Slippery Shores, Rough Seas, And Rising Normative Tides, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Law and policy implications of the precautionary principle in the field of marine environmental protection are explored in this paper in a three-part analysis. First, seven slippery aspects of the precautionary principle are highlighted, including confusion in terminology, definitional variations, definitional generalities, the spectrum of precautionary measures available, ongoing philosophical tensions and competing socioeconomic interests, debate over who should be responsible for making precautionary decisions, and limited interpretation by international tribunals. Second, the rather feeble precautionary responses to the tempestuous issues of climate change, hazardous chemicals, and overfishing are described. Third, the potential for the precautionary principle to synergize with …

Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster

Faculty Scholarship

Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …

Conceptualizing The Field After September 11th: Forward To A Symposium On Public Health Law, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Safeguarding the public's health, safety, and security took on new meaning and urgency after the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. On October 4, 2001, a Florida man named Robert Stevens was diagnosed with inhalational anthrax. The intentional dispersal of anthrax through the U.S. postal system in New York, Washington, Pennsylvania and other locations resulted in at least five deaths, hundreds treated, and thousands tested. The prospects of new, larger, and more sophisticated attacks have created a sense of deep vulnerability. The need to rapidly detect and …