Digital Commons Network^™

The Impact Of Centro Escolar Benemérito De Las Americas, A Chruch School In Mexico, Barbara E. Morgan

Religious Educator: Perspectives on the Restored Gospel

No abstract provided.

Housing Changing Households: Regulatory Challenges For Micro-Units And Accessory Dwelling Units, John Infranca

Suffolk University Law School Faculty Works

The existing stock of affordable rental housing falls significantly short of the need in many areas of the country. In addition, available housing frequently does not match the specific needs of prospective tenants, which have changed as household sizes shrink, more people are living alone, and people are living longer. This misalignment has been exacerbated by regulatory environments that have not kept pace with evolving housing demands. Likely as a result, cities throughout the country have seen an increase in illegal housing units – units that do not conform to zoning or building codes and may not provide safe living …

The Fair Labor Standards Act: A Tool For Those Who Represent Employees, Claimants, And Plaintiffs, Joseph A. Schremmer, Sean M. Mcgivern

Faculty Scholarship

The Fair Labor Standards Act (FLSA) of 1938 is a comprehensive federal statute that regulates minimum wages, maximum hours, and child labor. This article is intended to provide background for the general practitioner in an effort to help advance the interests of Kansas Association for Justice clients and workers. The FLSA was created to hold disreputable employers to account for chiseling their workers. The tangle of rules and regulations that followed may have complicated the operation of a basically straightforward law. But as long as lawyers understand and can navigate these highly technical provisions, FDR’s grand vision for fair and …

Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie

Faculty Scholarship

Scholars periodically note the impending upsurge in local oil and gas regulation, offering various reasons for increased local action. Papers written only a few years ago attribute greater local action in the West to population growth, increased urbanization, and increased demand for energy. Consider, however, more recent phenomena. First, population migration from more liberal states to more traditionally conservative producing states likely plays a role, as new residents [11-4] bring perspectives opposing drilling activity. Second, while the suburbs continue to expand into the oil patch, the oil patch has expanded into the suburbs and urban areas as well. Hydraulic fracturing …

Horizontal Dilution Of Precision-Based Ultra-Wideband Positioning Technique For Indoor Environments, Kerem Küçük

Turkish Journal of Electrical Engineering and Computer Sciences

Ultra-wideband (UWB) technology provides considerable performance in many indoor localization problems thanks to its very wide spectrum and high-resolution characteristics. In this paper, we propose using the horizontal dilution of precision (HDOP) to decrease the localization error in indoor environments for UWB localization systems. To achieve this aim, first we determine the positioning accuracy of a commercially available UWB positioning system using laboratory experiments. Next, the results of the position estimations obtained by the HDOP are compared with the experimental results acquired by the UWB positioning system. Finally, we investigate a detailed comparison with the least squares (LS), nonlinear regression …

Shoun V. Best Formed Plastics, United States District Court For The Northern District Of Indiana

Historical and Topical Legal Documents

No abstract provided.

Federal Trade Commission V. Leanspa, United States District Court For The District Of Connecticut

Historical and Topical Legal Documents

MEMORANDUM OF LAW IN SUPPORT OF LEADCLICK DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Flynn V. Nakoula, United States District Court For The Central District Of California

Historical and Topical Legal Documents

No abstract provided.

A Case Study On The Legal Impacts Of Corporate Sustainability Pledges In The Alberta Oil Sands, Jeffrey Bone

Dalhousie Journal of Legal Studies

Suncor Energy Inc. is Canada’s largest oil and gas producer with significant operations in the Alberta oil sands. In its 2010 Sustainability Report, the corporation made several long-term environmental pledges. This paper confronts a hypothetical situation involving these environmental pledges. What if Suncor’s commitments prove to be effective from an environmental standpoint, but they become more costly from a financial perspective than Suncor anticipates? In accordance with their statutory fiduciary duties, Suncor directors have a choice to make between two options. First, the company could increase or maintain expenditures in order to meet these commitments. Second, the company could limit …

Grassroots Capitalism Or: How I Learned To Stop Worrying About Financial Risk In The Exempt Market And Love Equity Crowdfunding, Marco Figliomeni

Dalhousie Journal of Legal Studies

Crowdfunding represents a successful grassroots response to the funding gap present in many independent creative projects. While it traditionally operates on the basis of donations and rewards, the Ontario Securities Commission (OSC) has proposed implementing equity crowdfunding, which would permit the online sale of corporate securities to retail investors. This paper posits that equity crowdfunding should be adopted in Ontario. The ensuing growth in capital markets will ultimately benefit the Canadian economy and, in particular, the entertainment sector. The OSC’s proposed regulatory framework for a crowdfunding prospectus exemption is a step in the right direction. The streamlined process makes it …

Stories Of 0s: Transgender Women, Monstrous Bodies, And The Canadian Prison System, Allison Smith

Dalhousie Journal of Legal Studies

Prisons regulate identities and what rights get recognized and protected in a prison setting. Gender is a core element of identity that is policed by the prison system and by the law that governs prisons. Focusing on developments within Canadian transgender jurisprudence, this paper explores how prisoners’ bodies that do not conform to a strict gender binary are defined as inhuman. By critically assessing the prison system and prison policy, this essay demonstrates how Canadian law has often failed to address the needs and lived experiences of transgender women in their interactions with the penal system. As case law demonstrates, …

Complicating The Simple Probability Principle: Developing A New Approach To Probabilistic Reasoning In Personal Injury Litigation, Nayha Acharya

Dalhousie Journal of Legal Studies

Canadian courts use simple probability reasoning inconsistently in personal injury litigation, subjecting litigants to irregular legal principles and potentially improper compensation. Turning to foundational principles of tort litigation, I suggest a new framework for the availability of simple probability that would promote greater coherence. Simple probability reasoning is understood as an alternative standard of proof that enables compensation for a loss proportional to the likelihood that the loss will occur. Accordingly, the availability of simple probability is thought to depend on which types of facts (past vs. future vs. hypothetical facts) are amenable to balance of probabilities proof versus simple …

A Tale Of Two Rights, Robin West

Georgetown Law Faculty Publications and Other Works

In part I of this article the author identifies and criticizes a cluster of constitutional rights, which she argues does tremendous and generally unreckoned harm to civil society, and does so for reasons poorly articulated in earlier critiques. At the heart of the new paradigm of constitutional rights that the author believes these rights exemplify is a “right to exit.” On this conception of individual rights, a constitutional right is a right to “opt out” of some central public or civic project. This understanding of what it means to have a constitutional right hit the scene a good two decades …

Sacred Trust Or Sacred Right?, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

This is the first chapter from The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child (Yale University Press, 2014.)

It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at …

Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.

One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …

Agency Enforcement Of Spending Clause Statutes: A Defense Of The Funding Cut-Off, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

This article contends that federal agencies ought more frequently to use the threat of cutting off funds to state and local grantees that are not adequately complying with the terms of a grant statute. Scholars tend to offer four arguments to explain—and often to justify—agencies’ longstanding reluctance to engage in funding cut-offs: first, that funding cut-offs will hurt the grant program’s beneficiaries and so will undermine the agency’s ultimate goals; second, that federalism concerns counsel against federal agencies’ taking funds away from state and local grantees; third, that agencies are neither designed nor motivated to pursue funding cut-offs; and fourth, …

Public Health Emergencies: What Counts?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccines and drugs to prevent and treat Ebola Virus Disease that have never been tested in humans, and in scarce supply raise profound ethical challenges. What if good evidence emerged demonstrating safety and efficacy of drugs? What would be an ethical method of allocating scarce beneficial resources? The apparent preference given to foreign aid workers over West Africans provoked a firestorm. In addition to discussing the ethical allocation of scarce drugs, this article also asks a more fundamental question: Why did it take nearly 40 years after the first Ebola outbreak in 1976 to launch clinical trials?

Volatility Of The Utilities Industry: Its Causal Relationship To Other Nine Industries, Kuo-Hao Lee, Ahmed Y. Elkassabgi, Wei-Jen Hseih

Faculty Publications - The LeMoyne Smith School of Business

The goal of this study is to investigate the causality relationship between the Utilities industry and the nine other industries. Previous literatures show that volatility of stock prices is informative; Granger causality is applied in this research by using of a leveraged bootstrap test developed by Hacker and Hatemi-J (2006) to examine the behavior of the volatility. The results indicate that causality of the volatility of the Utilities industry on the volatility of seven other industries, except the Information Technology and Telecommunication Services industries. The data also suggest that Financials industry has impact on the Utilities industry.

An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This article presents a thesis that most readers will find surprising, in an effort to develop a novel, simultaneous solution to three urgent, complex problems related to outer space. The three problems are: a) the technical fact that debris in outer space (the accumulated orbital junk produced by decades of space activities) has grown to present a serious hazard to safe and effective exploration and exploitation of space; b) the strategic fact that many countries (notably the United States, China and Russia, but others, too) continue to demonstrate a misguided interest in pursuing anti-satellite weapons, which can jeopardize the security …

Ison V. Google, California Court Of Appeals

Historical and Topical Legal Documents

No abstract provided.

Barry Rosen V. Amazon, United States District Court For The Central District Of California

Historical and Topical Legal Documents

No abstract provided.

Privacy Law Certificate (May 2014), High Tech Law Institute

Historical and Topical Legal Documents

No abstract provided.

Getting Into The Meat Of The Word Of Wisdom, A. Jane Birch

Interpreter: A Journal of Latter-day Saint Faith and Scholarship

In verse 13 of the Word of Wisdom, the Lord tells us, “it is pleasing unto me that they [flesh of beasts and fowls of the air] should not be used, only in times of winter, or of cold, or famine” (D&C 89:13). Judging from the variety of interpretations this single verse has inspired, it would appear to be deeply enigmatic. Interestingly, most interpretations have been put forward with little supporting evidence. This article is the first comprehensive analysis of the diverse explanations for D&C 89:13 that have been suggested since 1833. In this article, I attempt to analyze these …

Do Campaign Finance Laws Influence Legislator Voting? Super Pacs And Voting Behavior In The 111th Congress, Luke Macdonald

Sigma: Journal of Political and International Studies

No abstract provided.

Full Issue

BYU Asian Studies Student Journal

No abstract provided.

Anti-Waste, Michael Pappas

Publications

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does "waste" even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, this Article finds that the law selects from a catalog of five specific, and sometimes competing, societal values to define waste. These values include: (1) economic efficiency; (2) human flourishing: (3) concern for future generations: (4) stability and consistency; and, (5) ecology. The law recognizes waste in terms of one of or …

My Danish Heritage And The Privilege Of Serving As U.S. Ambassador To Denmark, Laurie S. Fulton

The Bridge

One of the things I miss most since leaving my post as U.S. ambassador to Denmark is not hearing anyone around me speak Danish or speak English with a Danish accent. It was an adjustment to realize that few people in America know much about Denmark. And so, I truly am delighted to be with you this evening for the Danish American Heritage Society Conference. Tak for invitationen.

Curation In Translation: Promoting Global Citizenship Through Literature, Kasey L. Garrison, Danielle E. Forest, Sue C. Kimmel

Teaching & Learning Faculty Publications

As curators of the school library collection, librarians ensure the resources they select are of high quality and that they meet students' social needs, including diverse perspectives representative of our world and supportive of global citizenship skills and dispositions. The Mildred L. Batchelder Award given to English translations published in the United States is an option for librarians seeking such cultural diversity for their collections. Using the United Nations' Declaration of the Rights of the Child (1959), the research identifies the strong potential these titles hold for engaging youth and promoting global citizenship.

Theorizing More Inclusive Cities: A Relational Model Of Boundary Transformation And Urban Research Agenda, Leigh Graham

Publications and Research

To generate more inclusive environments for marginalized urban communities of color demands a strategy that privileges symbolic boundary change and uses it as the inroad towards spatial changes. This paper theorizes a three step relational process of a) communicative democratic activism, b) "multicultural" capital brokers providing access to the policy making process, and c) practices of community building that reflect the role of cities as key sites for sociospatial boundary transformation. An emphasis on discursive and ideational change, relying on communicative democratic processes steeped in historical, comparative analysis opens up our minds towards different classification schemes for stigmatized groups. Participating …

The Politics Of Normativity And Globalization: Which Spanish In The Classroom?, José Del Valle

Publications and Research

This articles explores linguistic ideologies in teaching Spanish in the United States. It focuses on debates surrounding questions of normativity and correctness in the Spanish language classroom and curriculum design.