Digital Commons Network^™

Climate Change Class Actions In Canada, Jasminka Kalajdzic

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In January 2020, a divided 9th Circuit Court of Appeals dismissed the long running case, Juliana v. United States. The plaintiffs, 21 young citizens and an environmental organization, had sued the U.S. president and various federal agencies, claiming that their continued authorization and subsidization of fossil fuels contributed to catastrophic climate change that was incompatible with sustained human life. They argued that these harms constituted a violation of their constitutional rights to due process and equal protection of the law, and sought declaratory relief as well as an injunction requiring the government to phase out fossil fuel emissions and draw …

Seven Out Of Nine Legal Experts Agree: Expertise No Longer Matters (In The Same Way) After Vavilov!, Audrey Macklin

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

When an important case is appealed to the Supreme Court of Canada, interested observers focus their attention on the substantive principles that they hope the Court will articulate. Typically, some uncertainty in the law exists — after all, the case would not be worthy of the Supreme Court’s attention otherwise. But the confusion reigning in standard of review jurisprudence had reached a level where some people’s desire for certainty, especially in the mechanics of deference, broke free from any substantive substrate. Thumb’s second postulate, “An easily-understood, workable falsehood is more useful than a complex, incomprehensible truth”, held even more attraction …

Vavilov And The Culture Of Justification In Contemporary Administrative Law, Paul Daly

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada attempted to bring clarity and coherence to Canadian administrative law, an area of legal doctrine long characterized by uncertainty and confusion. The focus in Vavilov was on substantive review, where the “merits” of an administrative decision are challenged in judicial review proceedings. Most judicial review cases in Canada involve substantive review of matters ranging from the grant or refusal of passports to national telecommunications policy and turn on whether a decision was, in whole or in part, incorrect or unreasonable. Challenges to the procedural fairness of …

In Defense Of The Foundation Stone: Deterring Post-Election Abuse Of The Legal Process, Joyce G. Lewis, Adam M. Sparks

Georgia Law Review

The COVID-19 pandemic has upended the American way of
life and revolutionized the way we vote. Record voter turnout in
2020, including among first-time voters and voters of color, was
met with unprecedented legal challenges seeking to nullify
millions of votes. A coordinated effort to amplify groundless
accusations of voting fraud, shorthanded as “the Big Lie,” was
advanced in multiple states through scores of lawsuits.
Although the cases themselves were dismissed as lacking merit
and as failing to state actionable claims, their impact upon
public confidence in free and fair elections was palpable and
the resources of the courts and …

Annual Reports Of Town Officers And Committees For The Town Of Springfield, New Hampshire, Including Vital Statistics, For The Year 2020., Springfield Town Representatives

Springfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Plainfield, New Hampshire Annual Reports 2020. Annual Reports Of The Officers And Selectmen And The School District., Plainfield Town Representatives

Plainfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

2020 Annual Report Of The Officers Town Of Orange, New Hampshire., Orange Town Representatives

Orange, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Bring The Masks And Sanitizer: The Surprising Bipartisan Consensus About Safety Measures For In-Person Voting During The Coronavirus Pandemic, Joshua A. Douglas, Michael A. Zilis

Law Faculty Scholarly Articles

Requiring masks at the polls might implicate a clash between two vital rights: the constitutional right to vote and the right to protect one’s health. Yet the debate during the 2020 election over requirements to wear a mask at the polls obscured one key fact: a majority of Americans supported a mask mandate for voting. That is the new insight we provide in this Essay: when surveyed, Americans strongly supported safety measures for in-person voting, and that support was high regardless of partisanship. One implication of our results is that by making some widely supported safety modifications, state election officials …

In The Hands Of The Maker: The Failure Of Consumer Product Safety Oversight Of Guns, Gary Klein

Loyola Consumer Law Review

No abstract provided.

Ratemaking As Climate Adaptation Governance, Jonas J. Monast

Faculty Publications

Electric utilities are directly affected by, and in some cases are a source of, many pressing climate adaptation challenges: wildfires, vulnerable infrastructure, extreme storms, and drought. The state Public Utilities Commission (PUC) is one of the most consequential government agencies guiding the electricity sector’s response to climate change. Rate-regulated utilities may not charge ratepayers for new capital investments without PUC approval. When PUCs decide which costs are eligible for rate recovery, they also define which risks utilities seek to manage and which hedging strategies they use to do so. This Article argues that the foundational principles of ratemaking allow the …

Town Of Richmond, New Hampshire, Incorporated 1752, 2020 Annual Report., Richmond Town Representatives

Richmond, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

City Of Berlin, Nh Annual Report Fiscal Year July 1, 2020 To June 30, 2021., Berlin Town Representatives

Berlin, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Reports Of The Officers Of The Town Of Sandwich, New Hampshire For The Year Ending December 31, 2020., Sandwich Town Representatives

Sandwich, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Of The Town Of Lyme, New Hampshire For The Year Ending December 31, 2020., Lyme Town Representatives

Lyme, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Dummer, Nh Annual Report Of The Town Officers For The Year Ending December 31, 2020., Dummer Town Representatives

Dummer, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Of The Selectboard And Other Town Officers Goshen, Nh For The Year Ending December, 2020., Goshen Town Representatives

Goshen, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Of The Officers Within The Town Of Holderness, New Hampshire, Year Ending December 31, 2020., Holderness Town Representatives

Holderness, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Greenville, New Hampshire 2020 Annual Report., Greenville Town Representatives

Greenville, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Report Effingham, New Hampshire 2020., Effingham Town Representatives

Effingham, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Orford, New Hampshire Annual Report Year Ending December 31, 2020., Orford Town Representatives

Orford, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Town Of Westmoreland, New Hampshire Annual Report 2020., Westmoreland Town Representatives

Westmoreland, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Report Town Of Wakefield, New Hampshire For The Year Ending December 31, 2020., Wakefield Town Representatives

Wakefield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Reports Of The Town Of Strafford, New Hampshire 2020. For The Year Ending December 31, 2020., Strafford Town Representatives

Strafford, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Annual Reports Of The Selectboard And Other Town Officers Charlestown, N.H. For The Year Ending December 31, 2020., Charlestown Town Representatives

Charlestown, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

2020 Annual Report, Town Of Gorham., Gorham Town Representatives

Gorham, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Mitchell Hamline School Of Law Summer 2020 Covid-19 Legal Response Clinic, Natalie Netzel, Ana Pottratz Acosta, Joanna Woolman, Kate Kruse, Jon Geffen

Faculty Scholarship

This essay is a reflection on lawyering in a time of crisis. It details the Mitchell Hamline School of Law Clinical Faculty’s response to the community needs resulting from the COVID-19 pandemic by creating the COVID-19 Legal Response Clinic. It also recounts the impact of the murder of George Floyd and the long overdue national reckoning with systemic racism, sparked in our city. Additionally, against this backdrop, it examines the trauma-informed approach taken in clinical work and the classroom to help students process their own trauma and apply this approach in their work with clients.

Amid these concurrent crises in …

Ending The Federal Cannabis Prohibition: Lessons Learned From The History Of Alcohol Regulations, Twenty-First Amendment, And Dormant Commerce Clause Jurisprudence, Changdae Baek

Case Western Reserve Law Review

No abstract provided.

Increasing Police Accountability To The Citizens It Serves: The Production Of High-Quality Public Services Through Bottom-Up Governance, Esther B. Kim

Honors Theses

In light of the recent protests against police brutality, we have witnessed overall patterns of dissatisfaction in public opinion with the current state of policing, exacerbated by an inability to produce widespread and substantial police reform. This perplexing issue is the result of increased reliance on top-down regulation, which relies upon the assumption that the users of police services do not directly contribute to the quality of the service produced. As a consequence, there is a general lack of avenues for citizen participation, or bottom-up governance, to effectively channel public opinion towards creating substantive changes within police departments. Constructing a …

Probabilistic Bridge Deterioration Prediction, Applied Analytics, And Predictive Modeling, Alireza Jamalipour

Doctoral Dissertations - College of Engineering

"Federal regulations require state transportation agencies to implement asset management performance measures. These are advantageous in guiding transportation infrastructure investments. Asset management is a strategic and systematic process of operating, maintaining, upgrading, and expanding physical assets with the objective of providing and enhancing a decision-making process based on quality information and well-defined objectives."

"Some Days It's Tough Just Gettin' Up": How The Current Civil And Criminal Legal Remedies Fail To Protect Mass Shooting Victims, Ariel J. Romero

Chapman Law Review

This Comment proposes amending United States laws dealing with victim rights and remedies specifically for victims who survive public mass shootings. This Comment provides a short history of mass shootings and the relevant law pertaining to victims’ remedies in a civil and criminal law context, discusses the deficiencies in these remedies, and proposes a stronger interdisciplinary approach to victims’ rights to more effectively address these deficiencies.