Digital Commons Network^™

Stand By Me: The Fourth Circuit Raises Standing Requirements In Friends Of The Earth, Inc. V. Gaston Copper Recycling Corp. - Just As Long As You Stand, Stand By Me, Amanda Masucci

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The District Of Columbia Circuit's New Found Vigilance Over Costly Regulations Affecting The Petroleum Industry: United States Environmental Protection Agency V. The American Petroleum Institute, Stuart O'Neal

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Commercial Activity Exception Under The Fsia, Personhood Under The Fifth Amendment And Jurisdiction Over Foreign States: A Partial Roadmap For The Supreme Court In The New Millennium, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …

Of Theory And Practice, Tamar Frankel

Faculty Scholarship

Much has been written about theory and practice in the law, and the tension between practitioners and theorists. Judges do not cite theoretical articles often; they rarely "apply" theories to particular cases. These arguments are not revisited. Instead the Essay explores the working and interaction of theory and practice, practitioners and theorists.

The Essay starts with a story about solving a legal issue using our intellectual tools - theory, practice, and their progenies: experience and "gut." Next the Essay elaborates on the nature of theory, practice, experience and "gut." The third part of the Essay discusses theories that are helpful …

A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton

GW Law Faculty Publications & Other Works

Although African Americans cast a majority of ballots rejected by counting machines following the 2000 presidential election in Florida, legal academic commentators have not grappled with the significance of race in their discussions of Bush v. Gore. This Essay uses race to expose structural shortcomings of merit-based assumptions about democracy embedded in the U.S. Supreme Court's majority per curiam. The Court prohibited a manual count of imperfectly marked ballots, effectively conditioning membership in political community on individual capacity to produce a machine-readable ballot. Despite the Court's individualized focus, however, merit-based assumptions about democracy interfere primarily not with individual rights, but …

Aboriginal Subsistence Whaling: A Critique Of The Inter-Relationship Between International Law And The International Whaling Commission, Alexander Gillespie

Colorado Environmental Law Journal

No abstract provided.

Stemming The Flow Of Environmental Displacement: Creating A Convention To Protect Persons And Preserve The Environment, Dana Zartner Falstrom

Colorado Environmental Law Journal

No abstract provided.

A Step In The Right Direction: The Finnish-Russian Development Program On Sustainable Forest Management And Conservation Of Biological Diversity In Northwest Russia, Jennifer M. Howard

Colorado Environmental Law Journal

No abstract provided.

Gm Crops—Savior Or Saboteur? Agricultural Biotechnology In China Today, Leslie Ryan

Colorado Environmental Law Journal

No abstract provided.

Balancing Act: Teachers' Classroom Speech And The First Amendment, Karen C. Daly

The Journal of Law and Education

No abstract provided.

Spider Silk Jeans Or Spider Silk Genes? The Future Of Genetic Testing In The Workplace, Ilise L. Feitshans

NYLS Journal of Human Rights

Presentation for Yale Medical School Occupational and Environmental Health October 24, 2000

The Innocence Protection Act: Why Federal Measures Requiring Post-Conviction Dna Testing And Preservation Of Evidence Are Needed In Order To Reduce The Risk Of Wrongful Executions, Rochelle L. Haller

NYLS Journal of Human Rights

No abstract provided.

Genetic Testing: Technology That Is Changing The Adoption Process, Jessica Ann Schlee

NYLS Journal of Human Rights

No abstract provided.

The New Normal: Changes In Self Regulation And The Securities Industry In The Wake Of The 9/11 Tragedy, Mary L. Schapiro

Fordham Journal of Corporate & Financial Law

No abstract provided.

Brief For The Plaintiff-Appellant Lucas Rosa In The United States Court Of Appeals For The First Circuit Lucas Rosa V. Park West Bank And Trust Company On Appeal From The United States District Court For The District Of Massachusetts, Jennifer L. Levi, Mary L. Bonauto

Michigan Journal of Gender & Law

The District Court fundamentally misconceived the law as applicable to the Plaintiffs claim by concluding that there may be no relationship, as a matter of law, between telling a bank customer what to wear and sex discrimination. It also misapplied Rule 12(b)(6) to the extent that it resolved any factual questions beyond the allegations of the Complaint regarding the basis of the Bank's different treatment of the Plaintiff. Finally, because the District Court incorrectly dismissed the single federal claim in Plaintiffs Complaint, it improperly dismissed Plaintiffs pendant state claims for want of federal court jurisdiction.

Epilogue, Jennifer L. Levi

Michigan Journal of Gender & Law

The First Circuit reversed the district court's order dismissing Lucas Rosa's claim against Park West Bank. The appeals court's reversal seems to be part of an emerging nationwide rejection of cases from the 1970s and 1980s in which courts summarily dismissed sex discrimination claims brought by transgender plaintiffs, no matter how squarely the facts appeared to present a clear-cut case of discrimination based on sex. Creating what appeared to be a "transgender" exception to sex discrimination law, those earlier courts ignored what the First Circuit recognized here-that a bank officer who tells an applicant to go home, change, and return …

Analyzing Conflicts Between Indian Treaty Rights And Federal Conservation Regulations: Are State Regulation Standards Appropriate?, Elizabeth Roat

Marquette Law Review

No abstract provided.

Choice Of Law: Will A Wisconsin Court Recognize A Vermont Civil Union?, Elaine M. De Franco

Marquette Law Review

No abstract provided.

Patentability Of Human Genes: Our Patent System Can Address The Issues Without Modification, M. Scott Mcbride

Marquette Law Review

No abstract provided.

Comment: Surgically Implanted Medical Device Liability: Will The New Restatement Help The Unraveling Shield Created By Medtronic, Inc. V. Lohr?, Donna M. Senft

University of Baltimore Law Review

No abstract provided.

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Solid Waste Agency Of Northern Cook County V. United States Army Corps Ofengineers: The Clean Water Act Bypasses A Commerice Clause Challenge, But Can The Endangered Species Act?, Maya R. Moiseyev

UC Law Environmental Journal

No abstract provided.

New Tools For Environmental Justice: Articulating A Net Health Effects Challange To Emissions Trading Markets, Nicklas A. Akers

UC Law Environmental Journal

No abstract provided.

Using Social Ecology To Meet The Productive Harmony Intent Of The National Environmental Policy Act, Kevin Preister, James A. Kent

UC Law Environmental Journal

No abstract provided.

Palmyra Atoll, Suzanne Case

UC Law Environmental Journal

No abstract provided.

On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein

Articles

No abstract provided.

Troxel V. Granville: A Missed Opportunity To Elucidate Children's Rights, Christina M. Alderfer

Loyola University Chicago Law Journal

No abstract provided.

The Kindness Of Strangers: Interdisciplinary Foundations Of A Duty To Act, Nancy Levit

Faculty Works

In American tort law, one has historically been allowed to do nothing and not be held liable for injuries to others resulting from that inactivity. Viewed perhaps more charitably, tort law does not punish citizens for minding their own business. People generally have no affirmative duties to aid or protect others -- you can watch blind people walk into traffic and not be sued for failing to stop them. It's not nice, but it's not tortious. This essay examines the no duty to act rule in torts and the policy reasons typically offered in support of its enduring presence. It …

Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa

Faculty Works

The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …