Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 18331 - 18360 of 18683

Full-Text Articles in Entire DC Network

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Jan 2005

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Scholarly Works

Many sophisticated and experienced litigators realize that mediation calls for a different approach, but they still muddle through the mediation sessions. They are learning on the job. Even though many attorneys prefer a problem-solving approach to negotiations, attorneys are still in the early stages of figuring out how to do it in mediations. Many attorneys went to law school before courses on dispute resolution were offered, and the dispute resolution courses that have emerged in law schools over the last twenty-five years have been largely limited to teaching students to be mediators, not advocates. Continuing legal education programs are only …

Go to article

Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff Jan 2005

Five Years Of The "New" Animal Welfare Regime: Lessons Learned From New Zealand's Decision To Modernize Its Animal Welfare Legislation, Peter Sankoff

Animal Law Review

In 1999, New Zealand took an ambitious step to update its animal welfare legislation. The new law included a limited provision to protect Great Apes from scientific experimentation that was heralded internationally as a huge step forward for animals. The Author suggests, however, that New Zealand’s other animals have not fared nearly as well under the new law, and that the notion of New Zealand as the “animal friendly” nation implied by its treatment of primates is more about perception than reality. This article explores the New Zealand experience, and suggests lessons that can be drawn from the modernization of …

Go to article

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr. Jan 2005

Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.

Animal Law Review

North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties, and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina’s civil enforcement legislation and the present law’s strengths and weaknesses. The Author suggests an ideal model anti-cruelty civil remedies statute.

Go to article

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss Jan 2005

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Animal Law Review

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

Go to article

State Animal Protection Laws -- The Next Generation, Stephan K. Otto Jan 2005

State Animal Protection Laws -- The Next Generation, Stephan K. Otto

Animal Law Review

A vast increase in animal protection laws during the past decade has changed the legal landscape of animal law. The current generation of such laws includes more inventive and effective provisions, but more could be done. This article reviews the current laws of states across the country and proposes a number of specific provisions that would improve the force and effect of animal protection legislation. The Author’s goal is to identify pragmatic ways in which to make animals the most statutorily protected type of property in our country.

Go to article

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash Jan 2005

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash

Animal Law Review

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …

Go to article

Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma Jan 2005

Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma

Animal Law Review

The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

Go to article

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore Jan 2005

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.

Go to article

Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler Jan 2005

Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler

Animal Law Review

Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …

Go to article

A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore Jan 2005

A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore

Animal Law Review

No abstract provided.

Go to article

2004 Legislative Review, Joshua D. Hodes Jan 2005

2004 Legislative Review, Joshua D. Hodes

Animal Law Review

No abstract provided.

Go to article

Front Matter Jan 2005

Front Matter

Animal Law Review

Front Matter includes Title Page, Masthead, Table of Contents, and advisors for Animal Law Review Vol. 12, Issue 1.

Go to article

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman Jan 2005

Man['S Best Friend] Does Not Live By Bread Alone: Imposing A Duty To Provide Veterinary Care, Phyllis Coleman

Animal Law Review

Although all states outlaw cruelty to companion animals, most jurisdictions only prohibit causing unnecessary suffering as well as failure to provide food, water, and shelter. They do not address whether owners must obtain veterinary care. Even the few statutes that mention such treatment do not define exactly what kind and how much is required. This article highlights the deficiencies in these laws. It argues that keeping pets creates an obligation to get them medical treatment when they are sick or injured and also explains why such a duty is necessary. In addition, it proposes uniform legislation that creates an explicit …

Go to article

Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers Jan 2005

Maximizing Scientific Integrity In Environmental Regulations: The Need For Congress To Provide Guidance When Scientific Methods Are Inadequate Or When Data Is Inconclusive, Mariyetta Meyers

Animal Law Review

A “best science available” directive appears in a variety of environmental law statutes. Although seemingly clear, this directive has created an abundance of litigation with various plaintiffs challenging agency decisions under the Administrative Procedure Act’s (APA) arbitrary and capricious standard of review. The courts’ review of the agency decisions based on such science largely depends on the various ways in which the “best science available” directive is written in the particular statute. That is, the more specific the congressional mandate, the less latitude the agency has in implementing congressional will; the broader the statutory language, the more breathing space the …

Go to article

Table Of Contents Jan 2005

Table Of Contents

Georgia Law Review

No abstract provided.

Go to article

Data Matching, Data Mining, And Due Process, Daniel J. Steinbock Jan 2005

Data Matching, Data Mining, And Due Process, Daniel J. Steinbock

Georgia Law Review

The Article concerns the governmental use of computerized data matching (comparison of records) and data mining (profiling),which increasingly are aimed at locating potential terrorists. The most striking aspect of virtually all anti-terrorist data matching and data mining decisions is the total absence of even the most rudimentary procedures for notice, hearing, or other opportunities for meaningful participation before, or even after, the deprivation is imposed. The Article evaluates under Fourth Amendment and due process standards a variety of law enforcement activities data matching or data mining might instigate. After reviewing these activities' potential effects on private, governmental, and accuracy interests, …

Go to article

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown Jan 2005

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Georgia Law Review

Increasingly, property owners are employing conservation easements to maintain open space or protect the environment through restrictions on development. Private-party standing to enforce conservation easements, however, has not been so widely embraced, in part because of the perceived inconsistency between private-party standing and private property rights. This Article argues that private-party standing to sue for enforcement of these easements reinforces both the easement grantor's private property rights and society's interest in natural resource preservation. The Article analyzes private-party standing under a reconstituted bundle of property rights theory and the public trust doctrine; examines the efficiency, social justice, and decentralization arguments …

Go to article

Video Games As A Protected Form Of Expression, Paul E. Salamanca Jan 2005

Video Games As A Protected Form Of Expression, Paul E. Salamanca

Georgia Law Review

Video games, like motion pictures, failed to qualify for First Amendment protection until well after they emerged as a medium. Today, a number of courts have held that such games constitute a form of expression and do not fall into any recognized category of unprotected speech. Nevertheless, a number of commentators have called for limited constitutional protection for video games, predicating their arguments on a variety of grounds, including the alleged deleterious effects of such games on children. This Article responds to these commentators and defends recent decisions extending protection to video games.

Go to article

The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer Jan 2005

The Problem Of Reallocation In A Regulated Riparian System: Examining The Law In Georgia, Wilson Barmeyer

Georgia Law Review

There has been considerable debate over creating a market for water withdrawal permits in Georgia. Water market proponents argue that Georgia currently lacks the tools to reallocate water efficiently and to sustain continued economic growth. Opponents argue that a market is an inappropriate way for Georgia to introduce economic incentives into water management. This Note rejects the dichotomous choice between market and non market institutions. Instead, it presents a range of water reallocation mechanisms and argues that water supply solutions should be tailored to meet specific problems and objectives. Such an approach emphasizes the need for regional planning and management …

Go to article

Commercially Harvesting Endangered Salmon? Rethinking The Interaction Of Salmon Hatcheries And The Endangered Species Act After Alsea Valley Alliance V. Evans, Joseph A. Brown Jan 2005

Commercially Harvesting Endangered Salmon? Rethinking The Interaction Of Salmon Hatcheries And The Endangered Species Act After Alsea Valley Alliance V. Evans, Joseph A. Brown

Georgia Law Review

Prior to 2001, a dichotomy existed in the application of the Endangered Species Act. Naturally spawned salmon, dwindling in number, were afforded the Act's protection while hatchery-spawned salmon, released in the billions each year, were commercially harvested and almost universally excluded from the Act's purview. A recent federal district court decision, however, held that the salmon listing decisions had not properly considered the contribution of hatchery-spawned salmon. Although the subsequent agency review mandated by the court decision left the listing determinations largely unchanged, this Note argues that the most profound implications of the court's decision regard hatchery management rather than …

Go to article

Laying Down The Law: Bringing Down The Legal Cartel In Real Estate Settlement Services And Beyond, Margaret O. Rentz Jan 2005

Laying Down The Law: Bringing Down The Legal Cartel In Real Estate Settlement Services And Beyond, Margaret O. Rentz

Georgia Law Review

America is in the midst of an explosion in the demand for legal services, yet few Americans can afford to pay the ever-increasing cost of legal fees and are thus continually deprived of access to the legal system. Non lawyers have responded to this problem by entering the market and attempting to provide basic legal services at deeply discounted rates. Under the guise of "consumer protection," the bar has responded by blocking non lawyers from 'practicing law" with unauthorized practice statutes. A debate has emerged over whether UPL statutes actually serve American consumers or merely guard the legal cartel's economic …

Go to article

Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin Jan 2005

Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin

Faculty Publications

No abstract provided.

Go to article

Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein Jan 2005

Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Go to article

Ripple Or Revolution? The Indeterminacy Of Statutory Bankruptcy Reform, Melissa B. Jacoby Jan 2005

Ripple Or Revolution? The Indeterminacy Of Statutory Bankruptcy Reform, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Go to article

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller Jan 2005

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller

Faculty Publications

No abstract provided.

Go to article

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller Jan 2005

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.

Go to article

Who Judges The Judges?, John V. Orth Jan 2005

Who Judges The Judges?, John V. Orth

Faculty Publications

No abstract provided.

Go to article

Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear Jan 2005

Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear

Faculty Scholarship

Over the past 15 years, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been under-explored from an empirical standpoint. This article adopts a novel combination of empirical and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons over a 34-year period. We focus on whether the canons are favored across different time periods, in particular subject matter areas, by individual justices, and in close cases. Our approach - identifying ten different interpretive …

Go to article

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan Jan 2005

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan

Faculty Scholarship

This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …

Go to article

Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski Jan 2005

Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski

Faculty Scholarship

Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …

Go to article

First Prev Next Last