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Articles 1 - 30 of 181
Full-Text Articles in Law
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Dispatches From Two Fronts Of The Battle For Sentencing Reform: Parole And Federal Sentencing Legislation, Frank O. Bowman Iii
Faculty Publications
This Issue of FSR reports on two fronts in the ongoing national battle for sentencing reform. The first half of the Issue is devoted to evolving views and new initiatives on parole. The second half of the Issue is a report on the content and prospects for success of a number of bills pending in Congress that would reform federal criminal sentencing, corrections, and back-end release practices.
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii
Faculty Publications
This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from conceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …
Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott
Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott
Faculty Publications
In his seminal 1984 article, The Limits of Antitrust, Judge Frank Easterbrook proposed that courts and enforcers adopt a simple set of screening rules for application in antitrust cases, in order to minimize error and decision costs and thereby maximize antitrust's social value. Over time, federal courts in general, and the U.S. Supreme Court in particular, under Chief Justice Roberts have in substantial part adopted Easterbrook's "limits of antitrust" approach, thereby helping to reduce costly antitrust uncertainty. Recently, however, antitrust enforcers in the Obama Administration (unlike their predecessors in the Reagan, Bush, and Clinton Administrations) have been less attuned to …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law., Donald J. Kochan
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold
Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold
Journal of Environmental and Sustainability Law
No abstract provided.
Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson
Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson
Journal of Environmental and Sustainability Law
No abstract provided.
Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner
Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner
Journal of Environmental and Sustainability Law
No abstract provided.
Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate
Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate
Journal of Environmental and Sustainability Law
No abstract provided.
Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson
Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson
Journal of Environmental and Sustainability Law
No abstract provided.
Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long
Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long
Journal of Environmental and Sustainability Law
No abstract provided.
What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin
What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin
Journal of Environmental and Sustainability Law
No abstract provided.
Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch
Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch
Journal of Environmental and Sustainability Law
No abstract provided.
Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield
Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield
Journal of Environmental and Sustainability Law
No abstract provided.
Editor's Perspective
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik
The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik
Journal of Environmental and Sustainability Law
No abstract provided.
A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady
A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady
Journal of Environmental and Sustainability Law
No abstract provided.
Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine
Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine
Journal of Environmental and Sustainability Law
No abstract provided.
Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson
Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson
Journal of Environmental and Sustainability Law
No abstract provided.
Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia
Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia
Journal of Environmental and Sustainability Law
No abstract provided.
The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith
The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith
Journal of Environmental and Sustainability Law
No abstract provided.
Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran
Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran
Journal of Environmental and Sustainability Law
No abstract provided.
Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii
Vox Populi: Robert Mcculloch, Ferguson, And The Roles Of Prosecutors And Grand Juries In High-Profile Cases, Frank O. Bowman Iii
Missouri Law Review
The decisions of St. Louis County Prosecuting Attorney Robert McCulloch during the grand jury investigation of the shooting of Michael Brown by Officer Darren Wilson in Ferguson, Missouri, have been criticized on a variety of grounds. In an article written for a Missouri Law Review symposium on the shooting and its aftermath, titled “‘No, You Stand Up’: Why Prosecutors Should Stop Hiding Behind Grand Juries,” Professor Ben Trachtenberg takes Mr. McCulloch to task for allowing the grand jury to deliberate without making a recommendation about whether charges should be filed. Professor Trachtenberg asserts that, at the close of the evidentiary …
Exploring The Administrative State, Erin Morrow Hawley
Exploring The Administrative State, Erin Morrow Hawley
Missouri Law Review
The administrative state today “wields vast power and touches almost every aspect of daily life.” There’s no question that the Founders would have been surprised by the current administrative state. By and large, however, both the academy and Article III judges are either reluctant or enthusiastic devotees of the administrative state. A variety of arguments have been put forward to situate the Fourth Branch within the constitutional fabric, from constitutional moments, to the Supreme Court’s pragmatic recognition that, given government as we know it, “Congress simply cannot do its job absent an ability to delegate power under broad general directives.” …
A Post-Obergefell America: Is A Season Of Legal And Civic Strife Inevitable?, Carl H. Esbeck
A Post-Obergefell America: Is A Season Of Legal And Civic Strife Inevitable?, Carl H. Esbeck
Faculty Publications
Obergefell v. Hodges did not extend the rigor of the Equal Protection Clause to "sexual orientation" as a protected class. The case is about the right to marry by obtaining a license from the state, not a right to be free of discrimination on the basis of sexual orientation. The Court's rhetoric, however, will boost officials eager to take the next step for sexual equality. Not only did Obergefell speak of gays and lesbians as a class and wrote empathetically about them, but in dicta twice said that being gay or lesbian is an immutable characteristic. Accordingly, it can be …
Pedr Is Important For Culture Change In Courts, John Lande
Pedr Is Important For Culture Change In Courts, John Lande
Faculty Blogs
This post highlights a report by the Institute for the Advancement of the American Legal System, Change the System, Change the Culture: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow. One of the recommended cultural shifts is “Dig Deep, Earlier: Lawyers need to develop a deep understanding of their case early in the process.”