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Articles 1 - 30 of 45
Full-Text Articles in Entire DC Network
Genetically Modified Insects: Why Do We Need Them And How Will They Be Regulated?, Michael J. Donovan
Genetically Modified Insects: Why Do We Need Them And How Will They Be Regulated?, Michael J. Donovan
Journal of Environmental and Sustainability Law
No abstract provided.
Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Toward A Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida
Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Toward A Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida
Journal of Environmental and Sustainability Law
No abstract provided.
Can We Drill Now?: The Ninth Circuit's View On Filing Environmental Impact Statements. Alaska Wilderness League V. Kempthorne, Nicole Hutson
Can We Drill Now?: The Ninth Circuit's View On Filing Environmental Impact Statements. Alaska Wilderness League V. Kempthorne, Nicole Hutson
Journal of Environmental and Sustainability Law
No abstract provided.
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Missouri Law Review
Prosecutors wield tremendous power, which is kept in check by a set of unique ethical obligations. In explaining why prosecutors sometimes fail to honor these multiple and arguably divergent obligations, scholars tend to fall into two schools of thought. The first schoolfocuses upon institutional incentives that promote abuses ofpower. These scholars implicitly treat the prosecutor as a rational actor who decides whether to comply with a rule based on an assessment of the expected costs and benefits of doing so. The second school focuses upon bounded human rationality, drawing on the teachings of cognitive science to argue that prosecutors transgress …
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Faculty Publications
The U.S. Supreme Court will hear oral argument this fall in Salazar v. Buono, No. 08-472, a matter that involves a Latin cross located in the Mojave National Preserve located in Southeastern California and operated by the National Park Service. First placed there as a memorial to American’s who served in WWI, this Christian symbol is said to violated the Establishment Clause of the First Amendment. Before reaching the merits, however, the Court must first pass on the question of standing to sue. The plaintiff, Frank Buono, is a former employee of the National Park Service and objects to the …
The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben
The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben
Faculty Publications
This article develops an approach for the empirical study of the news media’s impact on the conflict that it covers. While mass communications research has studied how the news media covers conflict, it has not taken the next step of assessing the impact of that coverage. This article contends that such an inquiry is necessarily an inter-disciplinary task, and joins conflict theory with mass communications research to identify the kinds of questions that may be empirically tested to determine whether the news media is having a constructive or destructive effect on the conflict that it covers.
Volume 33, Issue 2 (Fall 2009)
Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Faculty Publications
This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any post-crisis compensation would likely be low when compared to traditional patent rewards or settlements entered under threat of injunctive relief. In some situations, such as use of a patented invention by a state or local government, a patentee may have no recourse. Part III of the essay raises a separate issue that stems from the relatively long time frame for …
Legal Writing: Sense And Nonsense, Douglas E. Abrams
Legal Writing: Sense And Nonsense, Douglas E. Abrams
Faculty Publications
No abstract provided.
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Faculty Publications
The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …
How Not To Seek An Award Of Attorney's Fees, Douglas E. Abrams
How Not To Seek An Award Of Attorney's Fees, Douglas E. Abrams
Faculty Publications
No abstract provided.
Administrative Law And Culture For The U.S. Collaborative Governance State, David H. Rosenbloomn, Mei Jen Hung
Administrative Law And Culture For The U.S. Collaborative Governance State, David H. Rosenbloomn, Mei Jen Hung
Journal of Dispute Resolution
During the 1980s and 1990s, collaborative governance emerged as a potentially new global paradigm for public administration. It comes in many forms. However, its essence is governmental reliance on nongovernmental entities for the delivery of public services and constraints. Simply put, collaborative governance calls on government to focus on "steering" while relying on third parties to do the "rowing." In the United States, collaborative government is not new in kind-the federal government relied on contractors to convey the mail from the early days of the republic. Rather it is new in scope, accounting for billions of dollars and millions of …
Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Public And Stakeholder Voice, Lisa Blomgran Bingham
Collaborative Governance: Emerging Practices And The Incomplete Legal Framework For Public And Stakeholder Voice, Lisa Blomgran Bingham
Journal of Dispute Resolution
This article describes the broad range of processes through which citizens and stakeholders collaborate to make, implement, and enforce public policy. First, it briefly reviews collaborative and new governance. Second, it describes deliberative democracy; collaborative public or network management; and appropriate dispute resolution in the policy process. These three separate fields are part of a single phenomenon, namely the changing nature of citizen and stakeholder voice in governance. Third, it describes how these new forms of participation operate across the policy continuum. Fourth, it briefly reviews existing legal infrastructure for collaborative governance primarily from the perspective of federal administrative law. …
Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz
Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz
Journal of Dispute Resolution
A, perhaps the, central and never-to-be-resolved debate in American administrative law concerns this: to what extent should agencies be left to their own devices? Were the answer "completely," then there would be no such thing as administrative law. There would be administrative lore, and administrative practice, and administrative culture, and administrative functions. But administrative law consists of the doctrines, statutes, and regulations that limit agency discretion and subject agencies to various forms of oversight.
State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux
State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux
Journal of Dispute Resolution
The purpose of this Bill is to provide notice to owners of residential real property owners that mediation with the mortgagee is an option at the onset of foreclosure proceedings. The Bill changes the mechanism by which borrowers are notified of foreclosures; instead of receiving a writ and summons, borrowers receive a notice of mediation, a foreclosure mediation certificate, and a blank appearance form. Borrowers still receive the writ, summons, and complaint, however. The lender must appear at the mediation with the authority to approve a proposed settlement in order to receive a remedy, and no attorney's fees will be …
Past Is Prologue: Recent Carbon Regulation Disputes In Europe Shape The U.S. Carbon Future , Cameron Ferrey, Steven Ferrey
Past Is Prologue: Recent Carbon Regulation Disputes In Europe Shape The U.S. Carbon Future , Cameron Ferrey, Steven Ferrey
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Missouri Law Review
In this Article, I undertake an evaluation of a method of judicial selection in use in many states that is known as "merit selection." The merit system is distinctive from the other systems of judicial selection in use today in the powerful role it accords lawyers and, in particular, state bar associations. Proponents of the merit system contend that it is superior to the other forms of judicial selection - elections or appointment by elected officials - because state bar associations are more likely to select judges on the basis of "merit" and less likely to select judges on the …
Do Retention Elections Work, G. Alan Tarr
Do Retention Elections Work, G. Alan Tarr
Missouri Law Review
During the twentieth century, judicial reformers attempting to depoliticize the selection of state court judges and increase respect for the courts advocated moving from competitive elections for judges to "merit selection" or - as it was initially known - the "Missouri Plan." During the 1960s and 1970s, these reformers enjoyed considerable success. Whereas in 1960 only three states - Alaska, Kansas, and Missouri - employed merit selection to choose state supreme court justices, by 1980 eighteen did so. Of course, adoption of merit selection did not altogether eliminate judicial elections, because judges appointed under merit selection are in most states …
Comments On The White, Caufield, And Tarr Articles, Duane Benton
Comments On The White, Caufield, And Tarr Articles, Duane Benton
Missouri Law Review
These three articles are valuable additions to the literature on retention elections. I am honored to comment, understanding I was chosen because I have survived merit selection (both as an applicant and as chair of the commission), a retention election, federal appointment, various roles in partisan elections, and an undergraduate political-science, voter-behavior education
Bench, The Bar, And Everyone Else: Some Questions About State Judicial Selection, The, Michael E. Debow
Bench, The Bar, And Everyone Else: Some Questions About State Judicial Selection, The, Michael E. Debow
Missouri Law Review
I am honored to be a part of this conference. I very much appreciate the hospitality of the law school, particularly the efforts of the Missouri Law Review staff. It has been a wonderful event. A wide range of views has been presented here, and I think that is a great credit to the people who organized the program. Just briefly, I am from Alabama, and I am not here to tell you what you should do in Missouri. That probably comes as a big relief. I became interested in this subject about fifteen years ago because of what was …
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Missouri Law Review
When Sergeant Dayne Darren Dhanoolal of Columbus, Georgia, died on March 31, 2008, while serving in Iraq, Kynesha Dhanoolal, his widow, hoped to be able to fulfill his expressed wish of having children.' She obtained a temporary restraining order in federal court to prevent the military from embalminp Sergeant Dhanoolal until someone extracted and froze samples of his sperm. Mrs. Dhanoolal planned to be artificially inseminated with the sperm as early as that summer. While this may sound like the stuff of science fiction, science and technology no longer limit human reproduction to the act of sexual intercourse. Couples today …
We Have Met The Special Interests, And We Are They, Michael R. Dimino Sr.
We Have Met The Special Interests, And We Are They, Michael R. Dimino Sr.
Missouri Law Review
I have two major points. First, because there is no such thing as a general interest, it makes no sense to speak of "special" interests. Second, judicial decisions make policy. In so doing, they benefit certain interests at the expense of others, whether judges are selected by elections, appointments, or some hybrid system. So, it should not be surprising that politics pervades the choice of judges under every system used or considered today. No selection system may be capable of eliminating the power of interest groups, but the selection system may determine which of those interests are benefited. As a …
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Missouri Law Review
This Article proceeds as follows. In Part II, we summarize the model advanced by Landes and Posner. In Part III, we explore some of the criticisms that have been levied against their model, while in Part IV we raise some criticisms of our own and explore how later scholarship has addressed them. Part V concludes the article.
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Missouri Law Review
If we are going to get from point A to B - if we are going to change a state system of judicial selection - what must be done? How does one get from a judicial election system to a merit-selection system? Generally it is going to take a state constitutional amendment to make the change. That is usually going to mean that a constitutional amendment must be approved by the legislature in order to be submitted to the people for a vote. To do this, key interest groups must be considered. The story of changing to merit selection is …
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Missouri Law Review
Relative to commentators at Political Science and Economics meetings, the discussants at law conferences are generally quite kind, genteel even. They almost always say, "This is a really wonderful set of papers" - even if the papers are not so wonderful - or that they really learned a lot from the papers - even if they didn't. Happily, with regard to the three papers the organizers asked me to discuss,' I need not stretch the truth for purposes of collegiality. I really do think they are a wonderful set of papers and really did learn a lot
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Missouri Law Review
It is hardly novel to suggest that judicial elections, including retention elections, illustrate profound and irreconcilable tensions in the American governmental scheme. The guiding political philosophy of liberal democracy dictates that judges be insulated from popular will and therefore remain free to adhere to the law, regardless of how unpopular such adherence may be. Complete independence would permit judges to be reckless in their use of the law as a tool of power. Complete accountability would render the rule of law, and the protections it affords to political minorities and others who lack political power, nonexistent. This elusive ideal of …
Exporting The Missouri Plan: Judicial Appointment Commissions, Mary L. Volkcansek
Exporting The Missouri Plan: Judicial Appointment Commissions, Mary L. Volkcansek
Missouri Law Review
Debates over the best methods for selecting judges in the United States usually turn on finding an appropriate balance between independence and accountability for judges, but elsewhere the tension between those two competing ends has been resolved in favor of judicial independence. According to Martin Shapiro, judges cannot, though, be truly independent, because they are dependent on those to whom they owe their office. Or, as Jean Blondel sees it, the question becomes one of "from whom should judges be independent?" Judges are, in other words, dependent in some sense on those to whom they are accountable. New democracies and …
Environmentalism: A Symbiotic Relationship Between A Social Movement And U.S. Law?, Claire Riegelman
Environmentalism: A Symbiotic Relationship Between A Social Movement And U.S. Law?, Claire Riegelman
Journal of Environmental and Sustainability Law
No abstract provided.
"In Standing Is The Preservation Of His World": Justice Scalia And The Varieties Of Natural-Religious Experience , Don Ellinghausen Jr.
"In Standing Is The Preservation Of His World": Justice Scalia And The Varieties Of Natural-Religious Experience , Don Ellinghausen Jr.
Journal of Environmental and Sustainability Law
No abstract provided.