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Articles 17041 - 17070 of 25435
Full-Text Articles in Entire DC Network
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Free Exercise And The Problem Of Symmetry, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Question Autonomy, With An Asterisk, Anita Bernstein
Question Autonomy, With An Asterisk, Anita Bernstein
Faculty Scholarship
No abstract provided.
Introduction: Three Perspectives On Criminal Justice, Michael T. Cahill
Introduction: Three Perspectives On Criminal Justice, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel
Realizing The Dream Of William O. Douglas: The Securities And Exchange Commission Takes Charge Of Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Latinas In Legal Education- Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette M. Sedillo Lopez
Latinas In Legal Education- Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette M. Sedillo Lopez
Faculty Scholarship
No abstract provided.
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Faculty Scholarship
"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
Faculty Scholarship
Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …
Environmental Clean-Up Expenses: Taxing Times For The Blm And Miners, Sergio Pareja
Environmental Clean-Up Expenses: Taxing Times For The Blm And Miners, Sergio Pareja
Faculty Scholarship
In 2001, the BLM amended 43 C.F.R. Section 3809 to give the BLM the power to require that mining companies establish a trust fund to provide for long-term maintenance and water treatment. The amended regulations do not mention taxes, and there is no evidence in the legislative history that the BLM ever contemplated the income tax effect of utilizing a trust mechanism to provide for environmental clean-up. While a partner at a law firm, the author of this article had the privilege of being the primary drafter of the first two trust agreements ever required by the BLM under these …
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Curtis
Faculty Scholarship
With increased frequency, attention is being given to the methods and style of teaching the law, and to the educational knowledge of law teachers necessary for their development. While teachers in many other areas of higher education are required to take credit hours in education courses, that requirement or focus on pedagogy itself has not yet fully spilled over to legal education professionals. In addition, although law professions, have been encouraged to think and learn about the law, they generally have long since accepted the Socratic method as a primary method of teaching. Recently information about students' learning styles, and …
Jewish Law: Deciphering The Code By Global Process And Analogy, Donna Litman
Jewish Law: Deciphering The Code By Global Process And Analogy, Donna Litman
Faculty Scholarship
No abstract provided.
A State Of Disarray The Knowing And Voluntary Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman
A State Of Disarray The Knowing And Voluntary Standard For Releasing Claims Under Title Vii Of The Civil Rights Act Of 1964, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Faculty Scholarship
This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens
Faculty Scholarship
Personal satisfaction and fine lawyering go hand in hand. Legal education and the legal system, however, do damage to that coupling. The author suggests that lawyers and law students can thwart personal dysfunction and professional dissatisfaction if we allow ourselves to express joy and sadness. To avoid being depleted by grief and rage, which cannot nourish satisfying law work over time, the article suggests that we attend to connections with others (all others). Lawyers who connect with their own communities may have more tools for crafting solutions for clients whose problems often implicate community. As teachers, the best way to …
Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh
Differentiating Types Of Domestic Violence: Implications For Child Custody, Nancy Ver Steegh
Faculty Scholarship
This article examines child custody determinations through the lens of a domestic violence typology. The resulting analysis (1) reconciles competing viewpoints and contradictory evidence about domestic violence; (2) matches families with appropriate child custody court procedures and services such as parent education, mediation, supervised visitation and parent coordination; and (3) exposes serious deficiencies in current domestic violence childcustody statutes.
Evolving Business And Social Norms And Interpretation Rules, Nancy Kim
Evolving Business And Social Norms And Interpretation Rules, Nancy Kim
Faculty Scholarship
Rapid societal and technological changes - such as the rise in electronic commerce, increasing diversity and globalization - create contract interpretation issues that require a dynamic approach. While many modern contractual disputes arise from a confluence of factors, contract doctrine has tended to adopt a unitary approach to problems with an emphasis on interpretation of words. This article argues that non-intuitive interpretation rules work to the disadvantage of language and cultural minorities and should only be used if their purpose is to determine the intent of the parties or to uphold a policy or legislative objective. A dynamic approach is …
A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton
A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton
Faculty Scholarship
This article focuses on the use of actual public health problems to train law students in interdisciplinary problem solving. The author describes the planning, structure, challenges and rewards in teaching her clinical course, Problem Solving and Prevention in Healthcare, to students initially reluctant to work collaboratively in teams, intimidated by a broader community context, and hesitant to interact strategically with other professionals.
Mapping, Habitat Characterization, And Fish Surveys Of The Deep-Water Oculina Coral Reef Marine Protected Area: A Review Of Historical And Current Research., John K. Reed, Andrew N. Shepard, Christopher C. Koenig, Kathryn M. Scanlon, R. G. Gilmore
Mapping, Habitat Characterization, And Fish Surveys Of The Deep-Water Oculina Coral Reef Marine Protected Area: A Review Of Historical And Current Research., John K. Reed, Andrew N. Shepard, Christopher C. Koenig, Kathryn M. Scanlon, R. G. Gilmore
Faculty Scholarship
Deep-water Oculina coral reefs, which are similar in structure and development to deep-water Lophelia reefs, stretch 167 km (90 nm) at depths of 60-100 m along the eastern Florida shelf of the United States. These consist of numerous pinnacles and ridges, 3-35 m in height, that are capped with thickets of living and dead coral, Oculina varicosa. Extensive areas of dead Oculina rubble are due in part to human impacts (e.g., fish and shrimp trawling, scallop dredging, anchoring, bottom longlines, and depth charges) but also may be due in part to natural processes such as bioerosion, disease, or global warming.
Deep-Water Reefs Off The Southeastern U.S.: Recent Discoveries And Research., John K. Reed, S. W. Ross
Deep-Water Reefs Off The Southeastern U.S.: Recent Discoveries And Research., John K. Reed, S. W. Ross
Faculty Scholarship
Some of the most spectacular corals found off the southeastern U.S. were discovered as recently as the 1970s in an unexpected place—the deep waters along the edge of the continental shelf. These banks of Oculina corals extend for 167 km along the eastern Florida shelf. Unfortunately, even as they were being discovered by scientists, the Oculina banks had already been damaged by trawl-fishing activity. Parts of the reef have been protected since 1984, and the protected area was expanded in 2000, but the story of the Oculina banks’ discovery and their damage by fishing activity is all too typical of …
Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor C. Romero
Rethinking Minority Coalition Building: Valuing Self-Sacrifice, Stewardship And Anti-Subordination, Victor C. Romero
Faculty Scholarship
This essay provides an alternative to the conventional self-interest model of coalition building to explore one that relies instead on the three concepts of self-sacrifice, stewardship, and anti-subordination, addressing anticipated counterarguments and providing concrete examples of how this model might work.
Religious Lawyering Critique, The Aals Presentations, Bruce A. Green
Religious Lawyering Critique, The Aals Presentations, Bruce A. Green
Faculty Scholarship
One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on "religious lawyering" is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with other …
The Diversity Rationale: A Problematic Solution, Trina Jones
The Diversity Rationale: A Problematic Solution, Trina Jones
Faculty Scholarship
No abstract provided.
The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie
The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie
Faculty Scholarship
In Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002), the United States Supreme Court held that undocumented workers are not entitled to remedies for violations of their rights to unionize under the National Labor Relations Act. The majority of the Court viewed enforcement of immigration policy prohibiting employment of undocumented workers as more important than protecting the labor rights of both undocumented workers and their U.S. citizen co-workers who join their efforts to improve working conditions. The chapter explores the origins of the case in a minimum-wage factory in Los Angeles, the surprising turn of events when the illegally …
Creating European Rights: National Values And Supranational Interests, Francesca E. Bignami
Creating European Rights: National Values And Supranational Interests, Francesca E. Bignami
Faculty Scholarship
This Article develops an explanation for the emergence of individual rights before the European Commission, one of the oldest and most powerful international organizations in existence today. I argue that, in the early days of the European Community, rights before the Commission were patterned on the laws and legal traditions of the dominant Member States. Changing political circumstances largely outside the control of the Commission and other European institutions gave rise to a number of discrete, historical challenges to their authority. Most of these challenges came from citizens with allegiances to minority, national constitutional symbols and practices who were determined …
Justification, Legitimacy, And Administrative Governance, Matthew D. Adler
Justification, Legitimacy, And Administrative Governance, Matthew D. Adler
Faculty Scholarship
Richard Stewart, in his classic article ‘The Reformation of American Administrative Law,’ argues that the demise of the ’transmission belt’ model of administrative governance creates a crisis of agency legitimacy, and he skeptically surveys a range of possible solutions to the legitimacy crisis. I claim that Stewart’s skepticism is misguided. It may be true that no feasible administrative structure is democratically legitimate; but it is also true, given the logic of moral justification, that in every choice situation confronted by agency decisionmakers, or by those who design agencies, there is some morally permissible and justified choice (perhaps a choice that …
Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler
Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Book Review: Fairness Vs. Welfare, Matthew D. Adler
Book Review: Fairness Vs. Welfare, Matthew D. Adler
Faculty Scholarship
Reviewing Louis Kaplow & Steven Shavell, Fairness versus Welfare (2002)
Globalizing Savigny: The State In Savigny’S Private International Law, And The Challenge Of Europeanization And Globalization, Ralf Michaels
Globalizing Savigny: The State In Savigny’S Private International Law, And The Challenge Of Europeanization And Globalization, Ralf Michaels
Faculty Scholarship
How can conflict of laws respond to the challenges from globalization? Some argue that state-based approaches like governmental interest analysis are inadequate, and advocate a return to the approach taken by the German scholar Savigny in the 19th century. The article shows that the assumption is correct: state-based approaches have indeed become problematic. However, a return to Savigny's approach will not help: While Savigny's approach is multilateral and pays little regard to governmental interest, closer analysis reveals how central the state is to his theory. The consequences are shown in an analysis of a recent European case. It follows that …
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
Faculty Scholarship
The definition that the Supreme Court ultimately gives to the concept of testimonial statements will obviously be of critical importance in determining whether the new Confrontation Clause analysis adopted by Crawford affects only a few core statements or applies to a broader group of accusatorial statements knowingly made to government officials and perhaps private individuals at arm's length from the speaker. I contend that the broader definition is more consistent with the anti-inquisitorial roots of the Confrontation Clause when that provision is applied in the modern world. If my sense of the proper scope of the clause is roughly correct, …