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Articles 360841 - 360870 of 1195121
Full-Text Articles in Entire DC Network
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B), Kevin O. Leske
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B), Kevin O. Leske
Faculty Scholarship
No abstract provided.
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
The Intratextual Independent "Legislature" And The Elections Clause, Michael T. Morley
Faculty Scholarship
No abstract provided.
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz
Faculty Scholarship
No abstract provided.
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
Faculty Scholarship
No abstract provided.
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Faculty Scholarship
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
The Rise And Fall Of Bad Judge: Lady Justice Is No Tramp, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Prosecuting Generals For War Crimes The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Remedial Equilibration And The Right To Vote Under Section 2 Of The Fourteenth Amendment, Michael T. Morley
Faculty Scholarship
No abstract provided.
An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing, Mark A. Summers
The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing, Mark A. Summers
Faculty Scholarship
No abstract provided.
Growth, Injury, And Population Dynamics In The Extant Cyrtocrinid Holopus Mikihe (Crinoidea, Echinodermata) Near Roatan, Honduras, V. J. Syverson, Charles G. Messing, Karl Stanley, Tomasz K. Baumiller
Growth, Injury, And Population Dynamics In The Extant Cyrtocrinid Holopus Mikihe (Crinoidea, Echinodermata) Near Roatan, Honduras, V. J. Syverson, Charles G. Messing, Karl Stanley, Tomasz K. Baumiller
Marine & Environmental Sciences Faculty Articles
The crinoid order Cyrtocrinida is known mainly from Mesozoic fossils; its few surviving members, all from bathyal environments, are among the most peculiar living crinoids. Cyrtocrinids attributed to Holopus mikihe Donovan and Pawson, 2008, have been observed in large numbers via submersible off the western coast of Roatán, Honduras, on vertical and overhanging walls at depths between 430 and 640 m. Observations in 2012, 2013, and 2014 have permitted the first estimates of population structure, growth, and regeneration. Two size modes were observed; the flat barnacle-like “juvenile” stage resembles confamilial and co-occurring Cyathidium pourtalesiAméziane, 1999, whereas the larger “adults” …
Experiences With Establishment Of A Multi-University Center Of Academic Excellence In Information Assurance/Cyber Defense, Julien Murphy Phd, R.T. Albert, C. Bennett, David Briggs Phd, Maureen Ebben Phd, H. Felch, D. Kokoska, L. Lovewell, C. Macdonald, G. Markowsky, L. Markowsky, Edward Sihler, G. Wilson
Experiences With Establishment Of A Multi-University Center Of Academic Excellence In Information Assurance/Cyber Defense, Julien Murphy Phd, R.T. Albert, C. Bennett, David Briggs Phd, Maureen Ebben Phd, H. Felch, D. Kokoska, L. Lovewell, C. Macdonald, G. Markowsky, L. Markowsky, Edward Sihler, G. Wilson
Faculty Publications
The National Security Agency (NSA) and Department of Homeland Security (DHS), in response to an unmet workforce need for cybersecurity program graduates, jointly sponsor a program by which a post-secondary education institution may achieve recognition as a Center of Academic Excellence in Information Assurance/Cyber Defense (CAE IA/CD). The program identifies standards, criteria, and an evaluation process. Many individual institutions have achieved recognition. The University of Maine System, composed of seven universities, is the first multi-university entity to achieve the CAE IA/CD recognition. The purpose of this paper is to share the key challenges, opportunities, and experiences that contributed to this …
Interim Measures In Response To The Criminal Prosecution Of Corporations And Their Employees By Host State In Parallel With Investment Arbitration Proceedings, Henry G. Burnett, Jessica Beess Und Chrostin
Interim Measures In Response To The Criminal Prosecution Of Corporations And Their Employees By Host State In Parallel With Investment Arbitration Proceedings, Henry G. Burnett, Jessica Beess Und Chrostin
Maryland Journal of International Law
No abstract provided.
Reforming The International Investment Law System, Simon Lester
Reforming The International Investment Law System, Simon Lester
Maryland Journal of International Law
No abstract provided.
“For Greater Certainty”: Calibrating Investment Treaties To Protect Foreign Investment And Public Health, Ryan Mellske
“For Greater Certainty”: Calibrating Investment Treaties To Protect Foreign Investment And Public Health, Ryan Mellske
Maryland Journal of International Law
No abstract provided.
U.S. Discovery In Aid Of Investor-State Arbitrations: A Blessing Or A Curse?, Melissa Stear Gorsline, Maria Pradilla Picas
U.S. Discovery In Aid Of Investor-State Arbitrations: A Blessing Or A Curse?, Melissa Stear Gorsline, Maria Pradilla Picas
Maryland Journal of International Law
No abstract provided.
Just Your Run-Of-The-Mill Sovereign Debt Crisis: An Analysis Of Republic Of Argentina V. Nml Capital, Ltd., Jordan Reth
Just Your Run-Of-The-Mill Sovereign Debt Crisis: An Analysis Of Republic Of Argentina V. Nml Capital, Ltd., Jordan Reth
Maryland Journal of International Law
No abstract provided.
You Don’T Need A Metaphor To Know Which Way The Case Goes: The Senate Reference And Constitutional Metaphors, Richard Haigh
You Don’T Need A Metaphor To Know Which Way The Case Goes: The Senate Reference And Constitutional Metaphors, Richard Haigh
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This article uses the Supreme Court of Canada’s Reference re Senate Reform as a basis for arguing that metaphors are not always appropriate in constitutional adjudication. In that decision, the Court relies on the metaphor of “constitutional architecture” ten times (11 if a subheading is counted). Despite the multiple references, the Court leaves unanswered questions about what the architecture metaphor is doing. Does it help to clarify? Is it the same or different from the text itself? Is it the same or different from “structure”? Is not the metaphor itself capable of multiple meanings? Relying too heavily on metaphors allows …
Rational Irrationality Across Institutional Contexts, Ryan Murphy
Rational Irrationality Across Institutional Contexts, Ryan Murphy
Bridwell Institute for Economic Freedom Research
Abstract: This paper considers how Bryan Caplan’s concept of rational irrationality may manifest in various political institutional arrangements, building off the demand curve for irrationality. Mob democracy, anarchy, autocracy, and constitutionally constrained democracy are the governance structures addressed. While anarchy is strictly better than mob democracy, under certain conditions, democracy, anarchy, or constitutionally constrained democracy may yield the best outcomes depending on the circumstances.
KūKai's Epitaph For Master Huiguo: An Introduction And Translation, Ronald S. Green, Chanju Mun
KūKai's Epitaph For Master Huiguo: An Introduction And Translation, Ronald S. Green, Chanju Mun
Philosophy and Religious Studies
No abstract provided.
Should The Law Care Why Intellectual Property Rights Have Been Asserted?, Jeanne C. Fromer
Should The Law Care Why Intellectual Property Rights Have Been Asserted?, Jeanne C. Fromer
Faculty Articles
The American legal system has standard justification stories for our intellectual property systems. Copyright law exists to stimulate the creation and dissemination of creative and artistic works valued by society. Patent law does the same for scientific and technological inventions. These laws offer to creators time-limited exclusive rights to foster these valuable creations without imposing too much cost on society’s use of these creations. The intellectual property laws do so by affording rightsholders an opportunity to vindicate certain interests in their covered works—that are directly related to these laws’ purpose—vis-à-vis third parties. Yet a not insignificant number of assertions of …
Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.
Towards A Universal Field Theory Of National Private Rights And Federalism, Roderick M. Hills Jr.
Faculty Articles
What I want to talk about is what I think is a misunderstood relationship between national rights that protect private organizations and private entities; and subnational governments’ powers, which I will call federalism. I think there is a misunderstood relationship between national private rights and federalism. They are considered to be not only different, but opposed to each other.
Ballot Bedlam, Samuel Issacharoff
Ballot Bedlam, Samuel Issacharoff
Faculty Articles
In both law and public scrutiny, renewed attention is being given to the simple act of casting a ballot. At a time when the formal act of voting has been relaxed, and more than a third of Americans cast their ballots in a manner other than voting at the polls on Election Day, there is a decided pushback. In some sense this is hardly novel; questions of ballot integrity and ballot access have been recurring issues in the United States from Reconstruction to the Civil Rights Era. In both of these previous eras, enfranchisement and disenfranchisement had a partisan edge, …
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah Malamud
The Strange Persistence Of Affirmative Action Under Title Vii, Deborah Malamud
Faculty Articles
I argue in Part II that affirmative action was understood by the Court in Weber and Johnson to be remedial in nature: It was aimed at remedying an imbalance caused by race or gender discrimination in labor markets. I show in Part III that the diversity rationale that dominates corporate affirmative-action advocacy today does not appear to be remedial in this sense. Its benchmark is the global marketplace—not the local labor market. Part III closely examines opinions by Justice Sandra Day O’Connor (the author of Grutter v. Bollinger) and concludes that it is not safe to read Grutter as an …
Accommodating Nonmarriage, Melissa Murray
Accommodating Nonmarriage, Melissa Murray
Faculty Articles
Regardless of why it occurred, the conflation of nonmarital relationships with marriages in Elane Photography and Masterpiece Cakeshop is meaningful. As I explain in this Symposium Article, the conflation of these relationships with marriages reflects the broader elision—and erasure—of nonmarriage in our law and culture. To this end, the marital discourse that pervades these cases makes clear that the debate over religious exemptions and same-sex marriage is not exclusively about religious liberty—to what extent can we balance our commitments to free exercise of religion and equal protection of the laws for all citizens? Instead, this issue also raises broader questions …
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
Faculty Articles
The use of the pardon power is a necessary element in a fully functioning system of criminal law. Recent presidents, however, have largely ignored this powerful tool, even as many have sought to expand the power of the office in other ways. This Essay seeks both to describe the costs of this trend and to propose important structural reforms to reverse it. Specifically, we advocate for the creation of a clemency commission with a standing, diverse membership. While this commission should have representation from the DOJ and take the views of prosecutors seriously, the commission itself should exist outside the …
Political Entrenchment And Public Law, Daryl J. Levinson, Benjamin I. Sachs
Political Entrenchment And Public Law, Daryl J. Levinson, Benjamin I. Sachs
Faculty Articles
Courts and legal scholars have long been concerned with the problem of "entrenchment" - the ways that incumbents insulate themselves and their favored policies from the normal processes of democratic change. But this wide swath of case law and scholarship has focused nearly exclusively on formal entrenchment: the legal rules governing elections, the processes for enacting and repealing legislation, and the methods of constitutional adoption and amendment. This Article demonstrates that political actors also entrench themselves and their policies through an array of functional alternatives. By enacting substantive policies that strengthen political allies or weaken political opponents, by shifting the …
The Actavis Interference: Theory And Practice, Aaron Edlin, C. Scott Hemphill, Herbert Hovenkamp, Carl Shapiro
The Actavis Interference: Theory And Practice, Aaron Edlin, C. Scott Hemphill, Herbert Hovenkamp, Carl Shapiro
Faculty Articles
In FTC v. Actavis, Inc., the Supreme Court considered “reverse payment” settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition. This paper is an effort to assist courts …
A Defense Of Source Rules In International Taxation, Mitchell A. Kane
A Defense Of Source Rules In International Taxation, Mitchell A. Kane
Faculty Articles
The concept of "source" is central to the functioning of the current international tax system. To the extent the "source" ofincome is meant to reflect the spatial location of income; however, many academic commentators have come to regard the concept as completely incoherent. Further, that incoherence is viewed as a partial explanation of the perceived artificiality and frailties of current instantiations of source rules. In this Paper I make three basic claims. First, it is in fact coherent to conceive ofthe source concept in terms ofthe spatial location of income. Second, most of the problems with current instantiations of source …