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Articles 31 - 60 of 439
Full-Text Articles in Law
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
American Indian Law Journal
Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …
Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan
American Indian Law Journal
No abstract provided.
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox
“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox
American Indian Law Journal
No abstract provided.
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Seattle Journal of Technology, Environmental, & Innovation Law
The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.
The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro
Seattle Journal of Technology, Environmental, & Innovation Law
No abstract provided.
Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals
Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals
Seattle Journal of Technology, Environmental, & Innovation Law
No abstract provided.
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental, & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing …
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Seattle Journal of Technology, Environmental, & Innovation Law
With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest …
An Approach To Improving Judicial Review Of The Apa’S “Good Cause” Exception To Notice-And-Comment Rulemaking, Kevin Hartnett Jr.
An Approach To Improving Judicial Review Of The Apa’S “Good Cause” Exception To Notice-And-Comment Rulemaking, Kevin Hartnett Jr.
Buffalo Law Review
No abstract provided.
Does The Ftc Have Blood On Its Hands? An Analysis Of Ftc Overreach And Abuse Of Power After Liu, Angel Reyes, Benjamin Hunter
Does The Ftc Have Blood On Its Hands? An Analysis Of Ftc Overreach And Abuse Of Power After Liu, Angel Reyes, Benjamin Hunter
Buffalo Law Review
Recent cases have called the Federal Trade Commission’s (“FTC”) enforcement methods into question. After a circuit split developed in the wake of the Seventh Circuit’s decision in Federal Trade Commission v. Credit Bureau Center, L.L.C., the Supreme Court responded by granting certiorari and consolidating the case with AMG Capital Management, L.L.C. v. Federal Trade Commission. The issue in these cases is whether Section 13(b) of the FTC Act authorizes the FTC to bypass the due process safeguards mandated by Congress in Sections 5 and 19 of the FTC Act and, in doing so, to conduct warrantless searches and seizures, unilaterally …
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer
Washington Journal of Law, Technology & Arts
During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …
Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank
Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank
Public Land & Resources Law Review
MTSUN, LLC initiated negotiations for a power purchase agreement with NorthWestern Energy in September of 2015 for a potential solar energy facility in eastern Montana. In December of 2016, at an impasse in contract negotiations with NorthWestern, MTSUN filed a petition with the Montana Public Service Commission requesting that the agency exercise its statutory authority to set the terms of the contract for the proposed project. Following MTSUN’s petition, the PSC issued a series of orders and reconsiderations which ultimately reconfigured the entirety of the agreement, including the terms that the parties had previously agreed upon. After exhausting its administrative …
The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files".
The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.
As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act, 1867. This includes …
Symmetry And (Network) Neutrality, Tejas N. Narechania
Symmetry And (Network) Neutrality, Tejas N. Narechania
Michigan Law Review Online
In this short Essay, I take the opportunity to highlight one further potential asymmetry that may yet emerge from the Supreme Court’s application of Chevron’s many doctrines. Drawing on then-Judge Kavanaugh’s disdissental from the D.C. Circuit’s decision affirming network neutrality rules, I suggest that there is at least one vote on the Supreme Court—and perhaps more—for an asymmetric approach to the major questions doctrine. Moreover, I demonstrate how asymmetry in this context is deeply irrational. As applied to network neutrality, the asymmetry has at least one of two effects. One, it might simply favor one large industry over another, …
The Hunt For Loot: Proposed Solutions To More Effectively Regulate Addictive Gambling Mechanics In Video Games, Andrew Brewer
The Hunt For Loot: Proposed Solutions To More Effectively Regulate Addictive Gambling Mechanics In Video Games, Andrew Brewer
Journal of Law and Policy
Over the past decade, more and more video game developers have embraced “loot boxes” as a lucrative source of revenue. But recent concerns over the potential harms of loot boxes, particularly to children, have raised questions about their use and prompted attempts to regulate them throughout the world. This Note explores recent attempts—both foreign and domestic—to regulate loot boxes and proposes new solutions based on those strategies’ shortcomings. By carefully and competently defining terms and exceptions, and providing for more aggressive oversight of agency regulatory efforts, federally-crafted loot box legislation can more effectively protect children from predatory gambling mechanics in …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril
Northwestern Journal of Law & Social Policy
This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.
Despite …
The Conceptual Gap Between Doré And Vavilov, Mark Mancini
The Conceptual Gap Between Doré And Vavilov, Mark Mancini
Dalhousie Law Journal
This paper argues that there is a fundamental conceptual gap between the cases of Doré and Vavilov. This is because both cases are motivated by different conceptions of administrative law. In Vavilov, the paper suggests that the Court melded together two theories of judicial review; a Diceyan theory based on a harmonious understanding of the principles of legislative sovereignty and the Rule of Law; and a “culture of justification” for administrative decision-makers. On the other hand, Doré is motivated by a functionalist understanding of administrative law, in which the expertise of decision- makers is emphasized. The paper explores the doctrinal …
Administrative Law, Chelsea M. Lamb, Moses Tincher, Matthew M. White
Administrative Law, Chelsea M. Lamb, Moses Tincher, Matthew M. White
Mercer Law Review
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2019, through May 31, 2020, in which principles of administrative law were a central focus of the case. Exhaustion of remedies will be the first topic discussed, followed by a review of decisions by administrative agencies, followed by cases discusses administrative scope of authority, with statutory construction to follow. The Article will conclude with cases discussing the standard of review of decisions by administrative agencies.
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Faculty Scholarship
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …
The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Reforming And Strengthening The Centers For Disease Control And Prevention: Five Key Reforms To Renew The Agency’S Stature And Effectiveness, Lawrence O. Gostin, Sandro Galea
Georgetown Law Faculty Publications and Other Works
The US Centers for Disease Control and Prevention (CDC) is the world’s leading public health agency, so admired that whole regions and countries have borrowed its name—in Africa, Europe, even China. In past epidemics, CDC’s expertise was transformative, such as in AIDS, Ebola, Zika, and Influenza H1N1. If there ever were a moment for the CDC to show leadership domestically and globally, it was the COVID-19 pandemic. Yet, the CDC’s stature was diminished—not enhanced—in an administration that not only eschewed science and politically pressured the CDC, but also gave notice of withdrawal from the World Health Organization (WHO), where CDC …
Air Traffic Safety Management: The Significance Of Voluntary Reporting And Data Distribution, Xavier M. Ashley
Air Traffic Safety Management: The Significance Of Voluntary Reporting And Data Distribution, Xavier M. Ashley
Beyond: Undergraduate Research Journal
This study primarily investigated inadequacies identified through the utilization of the Air Traffic Safety Action Program (ATSAP), a Voluntary Safety Reporting Program (VSRP) overseen by the U.S. Federal Aviation Administration (FAA). The primary objective of this research was to ascertain whether the FAA was properly managing the ATSAP and if the program was capable of effectively identifying safety hazards present in the national airspace. To assist in this determination, this study communicated the basic characteristics and significance of safety management and voluntary reporting in aviation. This served to clarify the intended function of the ATSAP and to articulate contributions that …
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
Posters
Maloney Library lecture series, Behind the Book
Energy Emergencies, Amy L. Stein
Energy Emergencies, Amy L. Stein
Northwestern University Law Review
Emergency powers are essential to the proper functioning of the government. Emergencies demand swift and decisive action; yet, our system of government also values deliberation and procedures. To enable such agility in a system fraught with bureaucracy, Congress frequently delegates unilateral statutory emergency powers directly to its most nimble actor: the President. The powers Congress delegates to the President are vast and varied, and often sacrifice procedural requirements in favor of expediency. Most scholars and policymakers have come to terms with this tradeoff, assuming that the need to respond quickly is outweighed by any loss of accountability.
This Article challenges …
The Case Against Prosecuting Refugees, Evan J. Criddle
The Case Against Prosecuting Refugees, Evan J. Criddle
Northwestern University Law Review
Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.
This Article shows that Congress has not authorized …
From Humphrey's Executor To Seila Law: Ending Dual Federal Antitrust Authority, Alyson M. Cox
From Humphrey's Executor To Seila Law: Ending Dual Federal Antitrust Authority, Alyson M. Cox
Notre Dame Law Review
This Note catalogues and proposes solutions to both the traditional concerns of efficiency and fairness and the modern constitutional problems posed by the current dual enforcement structure. Part I will compare the two antitrust agencies on the basis of their structures, accountability, statutory authority, and enforcement procedures, as well as evaluate potential concerns with vesting either agency with the sole authority to enforce civil antitrust laws. Part II will evaluate the perils of the current dual enforcement structure, exploring both the traditional arguments about efficiency and fairness and the modern constitutional challenges. Part III will evaluate potential legislative solutions to …
The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak
The American Law Of Overruling Necessity: The Exceptional Origins Of State Police Power, William J. Novak
Book Chapters
One of the most significant legal-constitutional moments in the history of the American republic occurred in the Confederation Congress on September 26 and 27, 1787. On those dates, the handiwork of the historic Constitutional Convention in Philadelphia was now "laid before the United States in Congress assembled." And the momentous question for the extant official lawmaking body of the US government was what to do next. Under Article 1 3 of the Articles of Confederation, any alteration of the articles had to be agreed to by Congress and confirmed by the legislatures of every state. Notably, the Philadelphia convention had …