Digital Commons Network^™

Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis

Washington International Law Journal

As China undergoes the fastest economic development in the history of the world, so too has its environmental problems shattered all precedents. While China’s leaders recognize they must change course, environmental concerns have long taken a back seat to economic development. Soil pollution is destroying China’s environment, affecting public health, and reducing the country’s food supply. Soil pollution slows China’s economic development, preventing land development in urban centers. Soil pollution also threatens China’s social stability because it has inspired marginalized groups to organize in protest of environmental conditions. Environmental remediation, or the obligations of a facility or the government to …

Forty Years Of European Integration: Steps Forward And Some Missed Opportunities, Giorgio Maganza

Fordham International Law Journal

No abstract provided.

Multijurisdictional Practice And Alternative Legal Practice Structures: Learning From Eu Liberalization To Implement Appropriate Legal Regulatory Reforms In The United States, Melissa Pender

Fordham International Law Journal

No abstract provided.

Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.

Chicago-Kent Law Review

Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …

Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel

UC Law SF Communications and Entertainment Journal

Gaining access to content is critically important for entrance into the television industry; this is a necessary input to become a viable competitor against incumbent video industry players. However, incumbents have the ability and incentive to withhold programming that discourages potential competitors from entering the market. Entrants, built up over a long period of time, confront a symbiotic relationship between traditional content providers and incumbent content distributors. Access to video programming or access in the format (i.e., online) that a viewer chooses is in high demand. This demand is evident by an increasing number of legal, technological, economic, and political …

Annual Report Fiscal Year 2013-2014, Tennessee. Department Of Intellectual And Developmental Disabilities

Annual Reports

This document is the annual report of the Department of Intellectual and Developmental Disabilities for the fiscal year.

2014-2015 Factbook, Tennessee. General Assembly

Factbook

This Fact Book provides an overview of the state's budget for the fiscal year.

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong

Faculty Publications

The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …

Homeless Service Utilization Report: Hawai‘I 2014, Sarah Yuan, Hong Vo, Kristen D. Gleason Phd

Faculty Publications

The 2014 Homeless Services Utilization Report is the ninth annual report produced by the Center on Family at the University of Hawai‘i at M¯anoa and the Homeless Programs Office in the Hawai‘i State Department of Human Services. This year, the report aims to provide data related to four types of programs that have been implemented in the state of Hawai‘i and are intended to address homelessness. Results from the system and program-level analysis will be presented. As in previous years, the report includes usage information about shelter programs and outreach programs. Shelter programs provide temporary shelter for homeless individuals and …

International Employment Law, Roselyn Sands, Nicolas Etcheparre, K. Lesli Ligorner, Sara Kohja, Massimo Audisio, Juan Narjera, Silva Susan De, Sonia Cortes, Georgina Mcadam

The International Lawyer

No abstract provided.

Creating A Space For End Of Life: A Leap-Frog Opportunity For Developing Countries From A Health And Human Rights Perspective, Marta Kikena De Matto

Journal of Health Care Law and Policy

No abstract provided.

A Market For Tax Compliance, W. Edward Afield

Cleveland State Law Review

This piece seeks to lay the framework for how such a voluntary compliance certification program would work and to discuss the benefits of such a system that are currently not being realized through the IRS’s current regulation of paid preparers. Part II summarizes in brief the current regulatory landscape for paid preparers and illustrates that the current environment falls short in providing a mechanism to allow the government to better direct its enforcement resources and to incentivize a culture of compliance among tax preparers and their clients. Part III describes in general terms how a voluntary compliance certification system should …

Lgbti Migrants In Immigration Detention: A Global Perspective, Shana Tabak, Rachel Levitan

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams

Cardozo Law Review de•novo

This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.

Analysis Of The Efficacy Of Criminal Court Mediation As A Tool Of Restorative Justice, Teresa Hoerres

Capstone Collection

This capstone research paper aims to capture the personal narratives of how participants of criminal court mediation in Brooklyn, New York actual experience the program. The program, which is facilitated by New York Peace Institute, is a cornerstone of the organization’s restorative justice program. Restorative justice has been gaining traction over the last few decades, and its application to criminal matters as an alternative dispute resolution (ADR) service, is unprecedented.

The research was conducted using a mixed methodology approach, relying on the researcher’s ethnographic observations of the criminal court mediation program from August 2013 through March 2014, as well as …

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In recent years, labor unions in the United States have embraced the immigrants’ rights movement, cognizant that the very future of organized labor depends on its ability to attract immigrant workers and integrate them into union ranks. At the same time, the immigrants’ rights movement has been lauded for its successful organizing models, often drawing upon the vitality and ingenuity of immigrant-based worker centers, which themselves have emerged as alternatives to traditional labor unions. And while the labor and immigrants’ rights movements have engaged in some fruitful collaborations, their mutual support has failed to radically reshape the trajectory of either …

Problems Faced By Mexican Asylum Seekers In The United States, Anna Cabot

Scholarly Articles in Law Reviews & Journals

Violence in Mexico rose sharply in response to President Felipe Calder6n's military campaign against drug cartels which began in late 2006. As a consequence, the number of Mexicans who have sought asylum in the United States has grown significantly. In 2013, Mexicans made up the second largest group of defensive asylum seekers (those in removal proceedings) in the United States, behind only China (EOIR 2014b). Yet between 2008 and 2013, the grant rate for Mexican asylum seekers in immigration court fell from 23 percent to nine percent (EOIR 2013, 2014b). This paper examines-from the perspective of an attorney who represented …

Harlemites' Preconceptions Of Unmet Human Needs And Theloss Of Harlem Culture: A Quantitative Study Of The Causes Of Conflict And Gentrification, Arnold John Banks

Department of Conflict Resolution Studies Theses and Dissertations

This dissertation investigates the process of forced eviction (i.e., gentrification) and its influence on Harlem culture. The study quantifies four (4) significant factors involved in the influencing of a paradigm shift. The study explicitly examines the historical and traditional cultures of Harlemites' when framed in the theoretical context of unmet human needs. In this study, unmet human needs in association with theoretical constructs have demonstrated strong correlations in relation to altering attitudes that affect complex thought and human behavior. This study reports the empirical results and the investigated associations of theoretical constructs as they pertain to the various hypotheses outlined …

Dispelling Alimony Myths: The Continuing Need For Alimony And The Alimony Reform Act Of 2011, Rachel Biscardi

Western New England Law Review

This Article examines alimony in Massachusetts through the lens of the Alimony Reform Act of 2011. The first half of the Article focuses on why alimony recipients continue to need alimony despite the economic gains made by women in the past fifty years. This section identifies some, but not all, of the factors that make alimony an equitable remedy in a divorce, including: (a) the stay at home spouse’s professional sacrifices; (b) the wage gap; (c) the glass ceiling; and (d) marketable skills post-divorce. This section further dispels the arguments made by alimony opponents that the equitable division of assets …

Splitting The Baby: Avoiding Foreclosure When Homeowners Have Uncertain Or Conflicting Interests, Daniel Bahls

Western New England Law Review

Avoiding preventable foreclosure has become a common theme for lenders, consumer advocates, and policymakers. Finding alternatives to foreclosure has been difficult, even in the best of circumstances. Past scholarship has explored conflicts of interest between the various lenderside entities and suggested ways to promote foreclosure alternatives despite these conflicts. Thus far, insufficient attention has been given to avoiding foreclosure where homeowners are similarly unable to speak with a clear and united voice. This Article explores how homeownership can be preserved in cases where a homeowner is not able to secure the full cooperation of all borrowers on the account.

This …

Evaluating Trickle Down Charity: A Solution For Determining When Economic Development Aimed At Revitalizing America's Cities And Regions Is Really Charitable, Matthew J. Rossman

Brooklyn Law Review

No abstract provided.

The Daily Gamecock, Friday, August 29, 2014, University Of South Carolina, Office Of Student Media

August

No abstract provided.

The Daily Gamecock, Tuesday, December 2, 2014, University Of South Carolina, Office Of Student Media

December

No abstract provided.

The Daily Gamecock, Friday, December 5, 2014, University Of South Carolina, Office Of Student Media

December

No abstract provided.

The Daily Gamecock, Thursday, November 6, 2014, University Of South Carolina, Office Of Student Media

November

No abstract provided.

The Daily Gamecock, Monday, October 27, 2014, University Of South Carolina, Office Of Student Media

October

No abstract provided.

The Daily Gamecock, Tuesday, October 28, 2014, University Of South Carolina, Office Of Student Media

October

No abstract provided.

What (If Anything) Is Wrong With Human Enhancement? What (If Anything) Is Right With It?, I. Glenn Cohen

Tulsa Law Review

The video of the presentation of this paper is also available.

2014 Law School Application Pamphlet, University Of Michigan Law School

Miscellaneous Law School History & Publications

Pamphlet with information about the University of Michigan Law School and how to apply for admission.