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Articles 9541 - 9570 of 13113
Full-Text Articles in Entire DC Network
The Plain "Dam!" Language Of Fish & Game Code Section 5937: How California's Clearest Statute Has Been Diverted From Its Legislative Mandate, Robert B. Firpo
The Plain "Dam!" Language Of Fish & Game Code Section 5937: How California's Clearest Statute Has Been Diverted From Its Legislative Mandate, Robert B. Firpo
UC Law Environmental Journal
No abstract provided.
Coast Salish Property Law: An Alternative Paradigm For Environmental Relationships, Russel Lawrence Barsh
Coast Salish Property Law: An Alternative Paradigm For Environmental Relationships, Russel Lawrence Barsh
UC Law Environmental Journal
No abstract provided.
The Unfinished Agenda Of Environmental Law, Joseph L. Sax
The Unfinished Agenda Of Environmental Law, Joseph L. Sax
UC Law Environmental Journal
No abstract provided.
Fighting For A Way Of Life: Public Lands And The Ranchers Who Own Them: An Analysis Of Colvin Cattle Co. V. United States, 468 F.3d 803 (2006), M. Benjamin Eichenberg
Fighting For A Way Of Life: Public Lands And The Ranchers Who Own Them: An Analysis Of Colvin Cattle Co. V. United States, 468 F.3d 803 (2006), M. Benjamin Eichenberg
UC Law Environmental Journal
No abstract provided.
Does Red Lion Still Roar?, Cass R. Sunstein
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Articles
This Article attempts to reset the relationship between theories of constitutional authority and methods of constitutional interpretation. Several scholars assert that our reasons for respecting the United States Constitution as law-despite its imperfection and dead authors-strongly influence the proper method of interpretation for that text. The "why" of authority supposedly drives the "how" of interpretation. But this relationship can be better understood. To the extent an authority theory is distinguishable from interpretive method, it is true that the former will identify what counts as law to be interpreted. Beyond that, the asserted relationship fades. First, some authority theories actually depend …
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
Articles
Modern law often rests on the assumption that a uniform cost-benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Articles
Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the public. Soft law has been much discussed in the literatures on international law, constitutional law, and administrative law, yet congressional soft-lawmaking, such as the congressional resolution, has received little attention. Congressional soft law affects behavior by informing the public and political institutions about the intentions and policy preferences of Congress, which are informative about future hard law as well as of Congress's view of the …
Flaws And Idiosyncrasies In Mathematicians: Food For The Classroom, Ted Eisenberg
Flaws And Idiosyncrasies In Mathematicians: Food For The Classroom, Ted Eisenberg
The Mathematics Enthusiast
This paper raises an ethical question: should aspects of a mathematician’s personality, political beliefs, physical handicaps, and the ironies surrounding their life be mentioned parenthetically or otherwise in our lessons? What about the political and social norms of the times in the countries in which they lived? There are no hard and fast guidelines on this other than to use good taste; but what is in good taste to one is often in bad taste to another. At the very least this paper presents tidbits of information and innuendo about mathematicians the reader might not know. But hopefully this paper …
Salute To Faculty Scholarship 2008, Clark University
Salute To Faculty Scholarship 2008, Clark University
Faculty Works
No abstract provided.
The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes
The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes
Coase-Sandor Institute for Law & Economics Research Paper Series
The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Articles
In this paper we consider the role of lawmakers as norm entrepreneurs. Drawing from expressive law theories and social response theories, we shed light on the role of law in shaping social values and norms, and on the ability of the law to produce social norms where they did not exist before. Furthermore, we unveil a possible undesirable effect of legal intervention, where a legal innovation can cause social divide and possible conflicts.
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Articles
Legal scholarship has long concerned itself with race, gender, and other core identities. Economics, and law and economics, is now turning its attention to other dimensions of identity. What is identity? Identity is "a person's sense of self."' Identity has genetic, cultural and neural bases grounded in an evolutionary process.' Identity helps individuals make sense of themselves and provides a feeling of grounding or belonging. There are many potential identity dimensions, including gender, facial features, and height, as well as religion, ethnicity, social-group affiliation, sports-team loyalty, family, profession, artistic preferences, culinary preferences, and place of origin. The significance of different …
What Would Justice Powell Do?: The 'Alien Children' Case And The Meaning Of Equal Protection, Linda Greenhouse
What Would Justice Powell Do?: The 'Alien Children' Case And The Meaning Of Equal Protection, Linda Greenhouse
Constitutional Commentary, Vols 1–36 (1984–2022)
No abstract provided.
14th Annual Joseph C. Andrews Mentoring Breakfast, February 4, 2008, Black Faculty And Staff Association
14th Annual Joseph C. Andrews Mentoring Breakfast, February 4, 2008, Black Faculty And Staff Association
BFSA Collection - Mentoring Breakfast Materials
No abstract provided.
Shareholder Democracy: The Roots Of Activism And The Selection Of Directors, John H. Biggs
Shareholder Democracy: The Roots Of Activism And The Selection Of Directors, John H. Biggs
Loyola University Chicago Law Journal
No abstract provided.
Melvil Dewey And The Dewey Decimal Classification System, Gina Pauley
Melvil Dewey And The Dewey Decimal Classification System, Gina Pauley
Honors Capstones
Melvil Dewey had a great influence on the way libraries classify books. Much research and planning was involved with his Dewey Decimal Classification System. Most school libraries today still use his classification system. Therefore, students need to gain an understanding of this system in their school careers. Research was conducted on Melvil Dewey, in order to gain more understanding about his life, his classification system, his influences, and his ideas, which are still being used in libraries today. After learning about Melvil Dewey's life and his classification system, it will be easier to teach the concepts to the students. The …
Once Upon A Time : A Folktale And Fairy Tale Unit For 4th And 5th Graders, Adrienne N. Dudlo
Once Upon A Time : A Folktale And Fairy Tale Unit For 4th And 5th Graders, Adrienne N. Dudlo
Honors Capstones
Learning literature is not just about reading and writing, but about how knowledge is learned and put to use. Learning should be interactive rather than sedentary. Through collaboration, independent ideas, and research, I have put together a unit on emphasizing literary elements using folk and fairy tales as a medium. The lessons are full of interactive activities that will transfer knowledge to students in more ways than just filling out worksheets and doing homework. Not only literature will be taught, but teamwork and collaboration. Because diversity is also important to teach, I have included cultural aspects in my lessons as …
O6 – Methylguanine – Dna Methyltransferase (Mgmt) Gene Silencing Using Rna Interference And Sensitivity To Temozolomide., Steven Michael Davis
O6 – Methylguanine – Dna Methyltransferase (Mgmt) Gene Silencing Using Rna Interference And Sensitivity To Temozolomide., Steven Michael Davis
All NMU Master's Theses
No abstract provided.
From Food To Fuel: U.S. Newspaper Coverage Of Corn Ethanol, Caitlin J. Kuleci
From Food To Fuel: U.S. Newspaper Coverage Of Corn Ethanol, Caitlin J. Kuleci
USF St. Petersburg campus Honors Program Theses (Undergraduate)
As public concern over the United States' oil dependence increases, so have efforts to widen the range of oil replacements available for use. Concurrently, newspapers are responding to the increased public attention and the research taking place in this field by devoting more and more space to issues relating to oil and energy. Since 2006, ethanol has been one area of interest that has received a lot of attention from the media. However, that media attention has been narrowly focused, and often fails to take into account the true complexity of the issue of corn ethanol.
The State Of Utah V. Roger Allen Malcom : Brief Of Appellee, Utah Court Of Appeals
The State Of Utah V. Roger Allen Malcom : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from a conviction for murder, a first degree felony, in the Third Judicial District Court of Utah, Salt Lake County, the Honorable Paul G. Maughan presiding.
R. V. Bryan: The Supreme Court And The Electoral Process, Christopher D. Bredt, Margot Finley
R. V. Bryan: The Supreme Court And The Electoral Process, Christopher D. Bredt, Margot Finley
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper provides an overview of recent Supreme Court of Canada jurisprudence in the area of freedom of expression in the political context, focusing on Thomson Newspapers Co. v.Canada (Attorney General), Harper v. Canada (Attorney General) and R. v. Bryan. In R. v. Bryan, the Court was faced with a constitutional challenge under section 2(b) of the Charter to section 329 of the Canada Elections Act, which prohibits the transmission of election results in one electoral district to another electoral district before the close of all polling stations in that other district. A majority of the Court held that the …
R. V. Ferguson And The Search For A Coherent Approach To Mandatory Minimum Sentences Under Section 12, Lisa Dufraimont
R. V. Ferguson And The Search For A Coherent Approach To Mandatory Minimum Sentences Under Section 12, Lisa Dufraimont
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Since the early days of the Charter, uncertainty prevailed about constitutional exemptions as a remedy for breaches of the section 12 guarantee against “cruel and unusual treatment or punishment”. It was unclear whether an offender could be exempted from the application of a mandatory minimum sentence that would produce an unconstitutional result in the unique circumstances of the case. The Supreme Court of Canada recently decided this issue, ruling in R. v. Ferguson that constitutional exemptions are unavailable under section 12. However, the author argues that uncertainty lingers in the wake of Ferguson because the Supreme Court failed to resolve …
Natural Disturbances And Cultural Responses On A River Island In Andhra Pradesh, Jesurathnam Devarapalli
Natural Disturbances And Cultural Responses On A River Island In Andhra Pradesh, Jesurathnam Devarapalli
Journal of Ecological Anthropology
Ayodhya Lanka is a river island situated in Vasista Godavari in Andhra Pradesh, India. The island, due to its strategic location in the channel bed, is endowed with rich alluvial soil and provides a rich ground for fishing operations attracting both farming and fishing communities who made their permanent abode on it since times immemorial. Owing to certain special physiographical and ecological features the island possesses five ethno-ecozones (micro-environments) that are effectively managed and exploited by the islanders under the fluctuating environmental conditions. As such, the island is exposed to three important recurring natural disturbances such as perennial floods, erratic …
Landscape Aesthetics, Water, And Settler Colonialism In The Okanagan Valley Of British Columbia, John R. Wagner
Landscape Aesthetics, Water, And Settler Colonialism In The Okanagan Valley Of British Columbia, John R. Wagner
Journal of Ecological Anthropology
Historic and contemporary patterns of settler colonialism and agricultural development in the Okanagan Valley of British Columbia are described, emphasizing the ways in which settler culture has led to the production of a landscape aesthetic that reproduces colonization as an iterative cultural practice. I explore the ways in which this particular landscape aesthetic is dependent on the economic and symbolic meanings of water in Okanagan settlement history. The images of the Okanagan that were used to attract settlers to the valley a century ago emphasized the lush, oasis-like qualities of orchards and lakes set among a dramatic, arid and mountainous …
Embracing The Past: Conflict, Conservation, And Organization In Ecuador’S Upper Amazon, John S. Luque
Embracing The Past: Conflict, Conservation, And Organization In Ecuador’S Upper Amazon, John S. Luque
Journal of Ecological Anthropology
This study explores the contested nature of relationships between indigenous communities and their representative organizations, government agencies, and international conservation organizations in conservation projects, and how the move from the Yellowstone model of parks conservation to the community participation model may lead to conflicts between competing groups. In Napo-Galeras—a transition zone between the foothills of the Andes and the Ecuadorian Oriente rainforest—land tenure arrangements led to encroachments on protected areas by in-migrating Napo Runa and mestizo colonists. The study methodology employed participant observation, semi-structured ethnographic interviews with key stakeholders, and archival research in non-governmental organizations. This study concludes that conservation …
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Articles
This Symposium Essay explores the question of whether the developing technology of geologic carbon capture and sequestration (CCS), which involves capturing CO2 emissions from industrial sources and power plants and sequestering them underground, is consisting with principles of sustainable development. This Essay concludes that while CCS on its own may not be consistent with basic principles of sustainability, it presents a potential opportunity to create sufficiently deep cuts in greenhouse gas (GHG) emissions to allow the transition to a more sustainable future.
Horizontal Federalism, Allan Erbsen
Horizontal Federalism, Allan Erbsen
Articles
This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …