Digital Commons Network^™

Targeted Capture, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human …

Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown

Elisabeth Haub School of Law Faculty Publications

In their article, Forging Food Justice Through Cooperatives in New York City, Dan DePasquale, Surbhi Sarang, and Natalie Bump Vena (the “Authors”) argue that consumer-owned and worker-owned cooperatives hold promise as a means for advancing policy objectives associated with “food justice,” namely building community wealth and power and providing more affordable access to healthy food in low-income and minority communities. Looking to examples of legislation and policies in other jurisdictions, they advocate for a wide range of policies to promote the viability of cooperatives in New York City, including reforms to cooperative corporation laws and strategies for better allocating funding …

The Missing Element Of Environmental Cost-Benefit Analysis: Compensation For The Loss Of Regulatory Benefits, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of …

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes strategies that local governments are employing to both mitigate and adapt to climate change, using their state-given powers to plan community development and to regulate private building. Local governments have significant legal authority to shape human settlements and, in so doing, lower CO2 emissions from buildings and vehicles, increase the sequestration of carbon by the natural environment, and promote distributed energy systems and renewable energy facilities that lower fossil fuel consumption. Local elected leaders are highly motivated to avoid the on-the-ground consequences of our changing climate. The effects of climate change manifest themselves at the local level, …

Rewriting Judicial Opinions And The Feminist Scholarly Project, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

In 1995, the authors of a law review article examining “feminist judging” focused on the existing social science data concerning women judges and compared the voting records and opinions of the only female Justices on the U.S. Supreme Court: Ruth Bader Ginsburg and Sandra Day O'Connor. Based on this review, the authors concluded that appointing more women as judges would make little difference to judicial outcomes or processes. The authors accused those who advocated for more women on the bench of having a hidden feminist agenda and bluntly concluded that “[b]y any measure, feminist judges fit very uneasily in most …

The Preferred Preferences In Employment Discrimination Law, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

In theory, customer preferences cannot justify discriminatory treatment by employers. The reality is more complicated. Built into the structure of federal employment discrimination law are several openings for customer preferences to provide employer defenses to what would otherwise likely be actionable discrimination.

This Article explores when and which customer preferences can enter those openings. It focuses on what I deem the “preferred preferences”: the customer preferences that have formed the basis of successful employer defenses to discrimination claims. This Article identifies and evaluates six such preferences: (1) aesthetic appeal; (2) physical privacy from employees of the opposite sex; (3) psychological …

One Parcel Plus One Parcel Equals A "Parcel As A Whole" Murr V. Wisconsin's Fluid Calculations For Regulatory Takings, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The Court's most recent major property law case, Murr v. Wisconsin, 137 S. Ct. 1933 (2017), tackles one of the thorny, recurring issues in regulatory takings jurisprudence: what is the proper “denominator” to use in determining whether a government regulation has so greatly diminished the economic value of a parcel of land that it effects a taking? More specifically, Murr looked at what constitutes the “parcel as a whole” when a landowner holds title to two contiguous lots. Should a court assess the economic impact on the value of each lot separately or the impact on the value of the …

Measuring Leak Rates From Abandoned Natural Gas Wells In Western Pennsylvania, John Bradshaw, Jeremy M. Slagley, Nicole Iannacchione, Matthew Lees

Faculty Publications

The proliferation of unconventional natural gas drilling has brought considerable recent attention to the possible impacts that this new technology may have on greenhouse gas emissions. In Pennsylvania, estimates of these possible impacts are very difficult to accurately assess in large part due to the highly uncertain contribution from legacy abandoned and orphaned gas (AOG) wells. This paper outlines our work in establishing a methodology for measuring the methane leak rate from AOG wells in Western Pennsylvania. The theory and methodology of an enclosure method for measuring the methane mass leak rate from one AOG natural gas well is described. …

Membership Matters February 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

Membership Matters April 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

Membership Matters May 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

Membership Matters June 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

Membership Matters July-August 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

Membership Matters November 2018

Membership Matters

Membership Matters is produced by the Oregon Dental Association nine times a year. Issues include regular columns with regional news impacting the Oregon membership including clinical feature articles, regular editorial columns, government relations updates, association activities, member updates, component news, continuing education opportunities, and classifieds.

An Integrated Approach To Personality Assessment Based On The Personality Systems Framework, John D. Mayer

Faculty Publications

Psychologists who carry out personality assessments must be conversant in diverse technical languages to describe their clients’ social contexts and inner personality function. The clinician needs to understand a person’s family, gender role, ethnic identity, religious beliefs, and similar qualities, and also a client’s inner personality functioning, including the workings of motives, emotions. cognition, and self-control: these may be characterized by relevant psychiatric symptoms, personality traits, and individual test scores such as those on the MMPI-2-RF and Rorschach-Performance Assessment System. The Personality Systems Framework for Assessment (PSF-A) can support the assessment process by organizing information about both an individual’s context …