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Re-Validating The Doctrine Of Anticipatory Nuisance, George P. Smith Ii

Scholarly Articles

The law of nuisance has long been seen as the heart of real property law - this because of its distributive and re-distributive force in land use. In its present form, while often ad hoc in application, a nuisance is defined generally as merely some interference with the use and enjoyment of the land. The most common remedy to abate a nuisance is injunctive relief in equity. Yet, judicial creativity has been seen through the use of such remedies as awards of permanent damages and the compensated injunction. The doctrine of anticipatory nuisance is brought into focus usually when a …

Moral Communities Or A Market State: The Supreme Court’S Vision Of The Police Power In The Age Of Globalization, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

In essence, this Article attempts to explain the underlying logic of two intersecting lines of recent Supreme Court decisions. The first line of cases concerns the allocation of constitutional power between the Nation and the States (i.e., cases about "federalism"); the other line concerns claims of individual right against exercises of purported State power (i.e., cases about "individual rights"). The federalism cases deal, respectively, with the powers of the States against Congress in the regulation of domestic matters"' and as against the Executive (and, less often, Congress) in influencing foreign affairs. The individual rights cases deal with equal access to …

Honorable Marlene Jennings, P.C., M.P., The Session 12: The Future Of The Evolving Special Canada-U.S. Relationship: New Dimensions And Possible Future Progress And Concerns - Differing Approaches To Our Common Values And Experiences (I.E., The Law, The D, Marlene Jennings, P.C. M.P. Hon.

Canada-United States Law Journal

relationship between Canada and United States

Embryonic Stem Cell Research: A Comparative Study Of The Philosophies Of The United States And The United Kingdom, George Kanellopoulos

Journal of International Business and Law

No abstract provided.

Right Honorable Herb Gray, P.S., C.C., Q.C., The Session 8: Canada And U.S. Approaches To The Great Lakes, Herb Gray P.S., C.C., Q.C. Hon.

Canada-United States Law Journal

environmental law--Canada, environmental law--United States, Great Lakes

The Sacrifice Of Jean Kambanda: A Comparative Analysis Of The Right To Counsel In The International Criminal Tribunal For Rwanda And The United States, With Emphasis On Prosecutor V. Jean Kambanda, Kelly Xi Huei Lalith Ranasinghe

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

A Deadly Dilemma: The Failure Of Nations’ Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Challenges Of Comparative Consumer Insolvencies, The, Jacob Ziegel

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Alien Tort Claims Act: Temporary Stopgap Measure Or Permanent Remedy, Borchien Lai

Northwestern Journal of International Law & Business

As the world has become smaller through technological advances in travel and communication, the international marketplace has grown larger. The United Nations ("U.N.") estimates that the number of multinational corporations tripled between 1988 and 1997 to 60,000. As these corporations increase their investments abroad, they also face proportionately increasing pressure from investors to run successful operations and increase profits. The result of this dynamic is well-documented. Multinational corporations invest heavily in underdeveloped countries where natural resources are abundant and labor is cheap. To facilitate operations in the country, the corporations must establish a rapport with the host governments-and often, in …

Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska

American University International Law Review

No abstract provided.

International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu

American University International Law Review

No abstract provided.

Tapeworms Of Elasmobranchs (Part I) A Monograph On The Lecanicephalidea (Platyhelminthes, Cestoda), Kirsten Jensen

Bulletin of the University of Nebraska State Museum (1924–2023)

This represents the first monographic and phylogenetic treatment of the order Lecanicephalidea. The main objective was to treat the Lecanicephalidea at the generic level, while providing information on morphology, taxonomic history, phylogenetic relationships, geographic distribution, and host associations of the group. Following an introduction to the morphology of the Lecanicephalidea, the phylogenetic placement of the group is addressed. This is followed by a review of the taxonomic history of the group and relationships within, including summaries of 29 previously used classification schemes. Despite the generic focus of this study, the taxonomic status of 137 previously recognized lecanicephalidean species was evaluated, …

The Tricky Nature Of Proving Genocide Against Saddam Hussein Before The Iraqi Special Tribunal, Michael J. Kelly

Cornell International Law Journal

In this article in the Symposium on Milosevic & Hussein on Trial, the author discusses procedural challenges to proving genocide in the trial of Saddam Hussein to argue that the legitimacy of the Iraqi Special Tribunal (IST) & the proof of genocide rest on a sense of fairness, transparency, & completion of trials on a reasonable schedule. The Geneva Convention definition of genocide is discussed in terms of the impact of general verses specific intent in the International Criminal Tribunal for the former Yugoslavia (ICTY). A historical analysis of the colonial creation of Iraq relates Saddam's style of government control …

La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, Jason J. Kilborn

Michigan Journal of International Law

This Article on the French law continues a study of European consumer debt-relief systems, which the author began previously in an article on the German system. With rapid legal and practical developments in consumer debt-relief law, Europe provides an excellent comparative legal laboratory for observing the potential benefits and pitfalls of consumer bankruptcy reforms. In particular, French and German experiences with long-term payment plans shed useful light on the great debate raging in the United States over similar plans.

Staying Within The Negotiated Framework: Abiding By The Non-Discrimination Clause In Trips Article 27, Kevin J. Nowak

Michigan Journal of International Law

This Note argues that the Panel in Canada-Generic Medicines correctly decided that the non-discrimination clause in Article 27 applies to the exceptions of Articles 30 and 31. Because Article 27 is the guiding force of Section 5, any exceptions to the rights granted under Section 5 must comply with the requirements set forth in Article 27. Although extreme applications of the non-discrimination clause could be limiting upon some exceptions, Articles 30 and 31 were not placed into TRIPs as complete escape clauses from the framework of Section 5. Additionally, the application of the non-discrimination clause to Articles 30 and 31 …

Transnational Common Laws, H. Patrick Glenn

Fordham International Law Journal

Today, the notion of transnational, or sometimes transsystemic, law has progressed well beyond Jessup's concept. It now includes the international law that Jessup generally dealt with – the (often) national law regulating actions or events that transcend national frontiers – but also now clearly extends to law that is transnational in origin, as opposed to application. The new transnational law can thus be applied to purely internal, and not only international, cases, and its transnational character is derived from the extra-national character of its source or sources. It is often seen in the form of “general principles of law,” which …

Standards Of Proof And Standards Of Judicial Review In European Commission Merger Law , Tony Reeves, Ninette Dodoo

Fordham International Law Journal

This Article considers, in light of the judgment in Tetra Laval ECJ, what standard the Commission's decisions in the field of merger control must satisfy if they are to withstand judicial scrutiny, and whether the Commission's concerns that the standard has been raised are justified. We also consider how the Courts' review of Commission decisions has evolved, what the standard of such judicial review now is, and what margin of appreciation is left to the Commission. Along the way, some observations are made as to how the position could be clarified further so as to ensure a satisfactory competition law …

Courting Islam: Practical Alternatives To A Muslim Family Court In Ontario, Laureve Blackstone

Brooklyn Journal of International Law

No abstract provided.

Interpreting The Past Through Faunal Analysis At The Bridge River Site, Jessica Carol Bochart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Great Divide: Citizenship And Statelessness, Kristy Belton

Electronic Theses and Dissertations

This thesis investigates the implications of State control of citizenship upon the individual's ability to choose membership in a given State polity. It briefly examines how States gained absolute control over the granting, denying and revoking of citizenship and demonstrates how the acquisition of citizenship and statelessness are both State-determined statuses. The repercussions of statelessness at the individual, regional and global levels are presented to demonstrate the severity of being unable to choose a citizenship. Efforts made by States and the international community to prevent and reduce statelessness are examined in order to illustrate the lack of prioritization given to …

Costs Of Sovereignty, K. A.D. Camara

West Virginia Law Review

No abstract provided.

"I Knew There Was Something Wrong With That Paper": Scientific Rhetorical Styles And Scientific Misunderstandings, Carol Reeves

Scholarship and Professional Work - LAS

This selection unpacks scientific prose and claim substantiation for Nobel Prize winner, Stan Prusiner, in the transmissible spongiform encephlopathies field (i.e., mad cow disease). Applying linguistic strategies such as M. A. K. Halliday's "favorite clause type," the author examines argumentative strategies in dense scientific prose both in bold and cautious rhetorical styles and invented lexical changes in new scientific development.

Diverse Spatial, Temporal, And Sexual Expression Of Recently Duplicated Androgen-Binding Protein Genes In Mus Musculus, Christina M. Laukaitis, Stephen R. Dlouhy, Richard D. Emes, Chris P. Ponting, Robert C. Karn

Scholarship and Professional Work - LAS

Background

The genes for salivary androgen-binding protein (ABP) subunits have been evolving rapidly in ancestors of the house mouse Mus musculus, as evidenced both by recent and extensive gene duplication and by high ratios of nonsynonymous to synonymous nucleotide substitution rates. This makes ABP an appropriate model system with which to investigate how recent adaptive evolution of paralogous genes results in functional innovation (neofunctionalization).

Results

It was our goal to find evidence for the expression of as many of the Abp paralogues in the mouse genome as possible. We observed expression of six Abpa paralogues and five Abpbg paralogues …

Descriptive Ecology Of A Turtle Assemblage In An Urban Landscape, Conner C. A, B A. Douthitt, Travis J. Ryan

Scholarship and Professional Work - LAS

We studied turtle populations inhabiting a canal and a lake (both man-made) within a heavily disturbed, urban setting. Six aquatic and semi-aquatic turtle species were collected in both habitats: spiny softshell turtle (Apolone spinifera), painted turtle (Chrysemys picta), common snapping turtle (Chelydra serpentina), common map turtle (Graptemys geographica), common musk turtle (Sternotherus odoratus) and red-eared slider (Trachemys scripta). While G. geographica was the most common species in the canal habitat, T. scripta was most common in the lake habitat. We describe patterns of sexual size dimorphism and sex ratios for the three most abundant species (G. geographica, T. scripta and …

Tofa, K. David Harrison

Linguistics Faculty Works

No abstract provided.

No Animals Were Harmed...: Protecting Chimpanzees From Cruelty Behind The Curtain, Lorraine L. Fischer

UC Law SF Communications and Entertainment Journal

Many people, interested in the way animals are treated in the entertainment industry, rely on the American Humane Association's end credit disclaimer, "No Animals Were Harmed During the Making of this Production" to quiet their concerns about animal mistreatment and to avoid supporting films or television programs that injure animals. However, the AHA's end credit disclaimer is misleading because it suggests that projects with the disclaimer are cruelty free. Even if a film or television show receives the "No Animals Were Harmed..." designation, chimpanzees cannot become "actors" and appear on the stage or screen without being subject to severe physical …

Summary Of Information For Assessing The Status Of The Tooth Cave Ground Beetle (Rhadine Persephone), Casey Berkhouse

KIP Data Sets and Technical Reports

EXECUTIVE SUMMARYThis report summarizes data for assessing the status of the Tooth Cave ground beetle (Rhadine persephone), a federally listed endangered species. Only the U.S. Fish and Wildlife Service (USFWS) can determine the recovery and regulatory status of this species, and this report is intended as tool for assessing both. Data reviewed for this report were gleaned from USFWS files; additional information was obtained from the Mike Walsh (Texas Cave Conservancy), James R. Reddell (Texas Memorial Museum, The University of Texas as Austin), Mark Sanders (City of Austin), and Rose Farmer (Travis County). The Tooth Cave ground beetle was listed …

Proceedings Of The 14th International Congress Of Speleology, 21-28 August 2005, Kalamos, Hellas. Volume 1 14 International Congress Of Speleology. Volume 1, International Congress Of Speleology. Organizing Committee, Christos Petreas

KIP Talks and Conferences

1 online resource

Potential Sources For The High Nitrate Levels In Stillhouse Hollow Spring, Martha Turner

KIP Data Sets and Technical Reports

High nitrate levels were observed in Stillhouse Hollow Spring. These levels are of concern for aquatic life. Deformed salamanders were found in the spring run, and although the cause for the deformity is unknown, parameters with abnormal levels are being investigated and those levels are reduced where possible. To reduce nitrates, the source must be identified. Lawn fertilizer appears to be the most likely source of nitrates, while leaking sanitary sewer lines and bat guano are not major contributors. Open Access See Extended description for more information.

If It Looks Like A Duck... Traditional Public Forum Status Of Open Areas On Public University Campuses, Nathan W. Kellum

UC Law Constitutional Quarterly

The notion behind the oft-used maxim, "If it looks like a duck. . ." is that it is an irrefutable adage, but it is one that is lost on many public university administrators. Their struggle with the obvious comes at a high cost. Fundamental First Amendment freedoms are often deprived in areas that represent traditional public for a on campus. Although many universities are diverse in their respective creations of policies pertaining to speech on campus, they are remarkable similar in their approaches to control speech. The right to speak no campus is often strictly controlled, certain speakers are even …