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2015

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Full-Text Articles in Law

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin Dec 2015

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …


H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock Dec 2015

H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock

Copyright, Fair Use, Scholarly Communication, etc.

A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."

Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.


Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Oct 2015

Getches-Wilkinson Center Newsletter, Fall 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Can Simple Mechanism Design Results Be Used To Implement The Proportionality Standard In Discovery?, Jonah B. Gelbach Sep 2015

Can Simple Mechanism Design Results Be Used To Implement The Proportionality Standard In Discovery?, Jonah B. Gelbach

All Faculty Scholarship

I point out that the Coase theorem suggests there should not be wasteful discovery, in the sense that the value to the requester is less than the cost to the responder. I use a toy model to show that a sufficiently informed court could design a mechanism under which the Coasean prediction is borne out. I then suggest that the actual information available to courts is too little to effect this mechanism, and I consider alternatives. In discussing mechanisms intended to avoid wasteful discovery where courts have limited information, I emphasize the role of normative considerations.


Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons Aug 2015

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.


Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson Jul 2015

Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson

All Faculty Scholarship

While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they …


King V Burwell: Subsidizing Us Health Insurance For Low- And Middle-Income Individuals, Lawrence O. Gostin, Mary C. Debartolo, Daniel Hougendobler Jul 2015

King V Burwell: Subsidizing Us Health Insurance For Low- And Middle-Income Individuals, Lawrence O. Gostin, Mary C. Debartolo, Daniel Hougendobler

Georgetown Law Faculty Publications and Other Works

In King v. Burwell, the U.S. Supreme Court once again saved the Affordable Care Act (ACA) by upholding subsidies (tax credits) offered to low- and middle-income individuals for insurance bought on federal exchanges. A contrary opinion would have put at risk health insurance for 6.4 million Americans and threatened to destabilize insurance markets for millions more.

The ACA is supported by four interlocking reforms, each of which are necessary to realize its promise of expanding health care coverage: (1) guaranteed issue (prohibiting discrimination based on pre-existing conditions), (2) community rating (barring insurers from imposing higher premiums based on health …


Lost In A Legal Thicket, Paul H. Robinson Jul 2015

Lost In A Legal Thicket, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.


Gender Wage Gap Matters To Women In Low-Wage Occupations: Hispanic Women Face Largest Pay Inequities, Center For Women In Politics And Public Policy, University Of Massachusetts Boston Jul 2015

Gender Wage Gap Matters To Women In Low-Wage Occupations: Hispanic Women Face Largest Pay Inequities, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Much of the existing research on the gender gap in pay focuses on its impact on women who are middle- and upper-income earners in highly skilled occupations, such as medicine, law, and business. There has been less emphasis on the impact of pay inequity on low-income women working in low-wage occupations.


Public Health, Universal Health Coverage, And Sustainable Development Goals: Can They Coexist?, Harald Schmidt, Lawrence O. Gostin, Ezekiel Emanuel Jun 2015

Public Health, Universal Health Coverage, And Sustainable Development Goals: Can They Coexist?, Harald Schmidt, Lawrence O. Gostin, Ezekiel Emanuel

Georgetown Law Faculty Publications and Other Works

In her 2012 reconfirmation speech as WHO Director-General, Dr. Margaret Chan asserted: "universal coverage is the single most powerful concept that public health has to offer. It is our ticket to greater efficiency and better quality. It is our savior from the crushing weight of chronic noncommunicable diseases that now engulf the globe ". The UN General Assembly is currently considering proposals for Sustainable Development Goals (SDGs), succeeding the Millennium Development Goals. SDGs, focusing on health, specifically includes universal health coverage (UHC) among its targets. Unquestionably, UHC is timely and fundamentally important. However, its promotion also entails substantial risks. A …


Middle East Respiratory Syndrome: A Global Health Challenge, Lawrence O. Gostin, Daniel Lucey Jun 2015

Middle East Respiratory Syndrome: A Global Health Challenge, Lawrence O. Gostin, Daniel Lucey

Georgetown Law Faculty Publications and Other Works

Beginning in May 2015, Middle-East respiratory syndrome (MERS) experienced its first publicly reported “super-spreading” event in South Korea. By mid-June, more than 120 cases and 11 deaths in South Korea had been linked to a businessman returning from travel to Bahrain, United Arab Emirates, the Kingdom of Saudi Arabia and Qatar. Globally more than 1200 had been infected of whom more than 450 died—a high fatality rate of 37%.

What are the most effective legal, social, and public health responses to MERS and other emerging diseases? First, the World Health Organization’s International Health Regulations (IHR) did not effectively guide the …


Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle Jun 2015

Slides: The Colorado River: Innovation In The Face Of Scarcity, Anne J. Castle

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Anne J. Castle, Stanford Woods Institute for the Environment

40 slides


Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf Jun 2015

Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior

34 slides


Slides: The Columbia River Treaty, Barbara Cosens Jun 2015

Slides: The Columbia River Treaty, Barbara Cosens

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program

22 slides


Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis Jun 2015

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides


Slides: Never Let A Crisis Go To Waste, Lester Snow Jun 2015

Slides: Never Let A Crisis Go To Waste, Lester Snow

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Lester Snow, Executive Director, California Water Foundation

39 slides


Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith Jun 2015

Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Roy Smith, Bureau of Land Management

19 slides


Slides: Restoring The Acequias: Fixing What Wasn't Broken, Will Davidson Jun 2015

Slides: Restoring The Acequias: Fixing What Wasn't Broken, Will Davidson

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Will Davidson, Acequia Assistance Project

26 slides


Slides: Untitled [Innovative Agreements], Greg Hobbs Jun 2015

Slides: Untitled [Innovative Agreements], Greg Hobbs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Justice Greg Hobbs, Colorado Supreme Court

13 slides


Slides: Gwc Review Report, Larry Macdonnell Jun 2015

Slides: Gwc Review Report, Larry Macdonnell

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Larry MacDonnell, University of Colorado Law School

12 slides


Slides: Water Planning In California: Past, Present, Future, Ellen Hanak Jun 2015

Slides: Water Planning In California: Past, Present, Future, Ellen Hanak

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ellen Hanak, Senior Fellow and Director, PPIC Water Policy Center, Public Policy Institute of California

13 slides


Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral Jun 2015

Slides: California's Bay-Delta Conveyance Problem: A Light At The End Of The Tunnel(S)?, Jerry Meral

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Jerry Meral, Director of California Water Programs, Natural Heritage Institute

8 slides


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jun 2015

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols Jun 2015

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides


Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer Jun 2015

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides


Slides: Perspectives On Water Management In Arizona, Kathy Jacobs Jun 2015

Slides: Perspectives On Water Management In Arizona, Kathy Jacobs

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona

25 slides


Slides: Moffat Collection System Project, Travis Bray Jun 2015

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides


Slides: Colorado's Water Plan, Lauren Ris Jun 2015

Slides: Colorado's Water Plan, Lauren Ris

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources

23 slides


Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen Jun 2015

Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Michael Cohen, Senior Research Associate, Pacific Institute

29 slides


Slides: Six Decades Of Texas Water Planning, Ronald Kaiser Jun 2015

Slides: Six Decades Of Texas Water Planning, Ronald Kaiser

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University

32 slides