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Articles 31 - 60 of 2260
Full-Text Articles in Law
A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright
A Requiem For Regulatory Takings: Reclaiming Eminent Domain For Constitutional Property Claims, Danaya C. Wright
Danaya C. Wright
For the past forty years, the United States Supreme Court has embraced the doctrine of regulatory takings, despite being unable to provide any coherent and reliable guidance on when a regulation goes so far as to require compensation. But Justice Thomas's admission in Murr v. Wisconsin (2017) that there is no real historical basis for the Court's regulatory takings jurisprudence offers a chance to reconsider the doctrine anew. Looking back to Justice Holmes's prophetic statement in Pennsylvania Coal Co. v. Mahon, that a regulation can go too far and require an exercise of eminent domain to sustain it, I argue …
Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker
Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker
Marcus Walker
The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.
Breaking Energy Path Dependencies, Amy L. Stein
Breaking Energy Path Dependencies, Amy L. Stein
Amy L. Stein
f the many barriers to clean energy development discussed in the literature, the power of the status quo is not normally one of them. Yet beyond the need for more transmission lines, the need to decouple electricity sales from revenue, or the need to amend our environmental laws to more fully capture the externalities of energy, efforts to develop clean energy are faced with over a century of institutional “stickiness” associated with the legal and regulatory framework governing energy. This article explores how path dependency theories can inform the practical legal efforts to overcome such stickiness, identifying the troublesome approaches …
The Myth Of The Classic Property Clause Doctrine, Dale Goble
The Myth Of The Classic Property Clause Doctrine, Dale Goble
Dale Goble
No abstract provided.
What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble
What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble
Dale Goble
No abstract provided.
The Property Clause: As If Biodiversity Mattered, Dale Goble
The Property Clause: As If Biodiversity Mattered, Dale Goble
Dale Goble
No abstract provided.
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Dale Goble
United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Dale Goble
No abstract provided.
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
Dale Goble
No abstract provided.
Of Wolves And Welfare Ranching, Dale Goble
The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble
Dale Goble
The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found …
Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble
Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble
Dale Goble
No abstract provided.
Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble
Dale Goble
No abstract provided.
Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble
Recovery In A Cynical Time - With Apologies To Eric Arthur Blair, Dale Goble
Dale Goble
No abstract provided.
"Irrigated Eden:" Tales Of The Many Snake Rivers, Dale Goble
"Irrigated Eden:" Tales Of The Many Snake Rivers, Dale Goble
Dale Goble
No abstract provided.
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Dale Goble
No abstract provided.
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
Dale Goble
No abstract provided.
All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble
All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble
Dale Goble
No abstract provided.
Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu
Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu
Paul Lewis
No abstract provided.
Erakat Review By Gunneflo.Pdf, Markus Gunneflo
Using Incentives To Increase Hiv/Aids Testing By Sex Workers: Evidence From A Randomized Field Experiment In China, Margaret Boittin
Using Incentives To Increase Hiv/Aids Testing By Sex Workers: Evidence From A Randomized Field Experiment In China, Margaret Boittin
Margaret Boittin
Can incentives increase the use of HIV/AIDS testing in criminalized populations? Lawbreakers engaged in activities that place them at heightened risk of HIV/AIDS infection fear that engaging with the state to request an HIV test could increase their likelihood of incurring sanctions for violating the law. This article reports on a randomized field experiment that evaluates whether material incentives can spur lawbreakers to seek state assistance. Sex workers in Beijing, China, were randomly assigned to receive an in‐kind incentive equivalent to $1 (control group) or $15 (treatment group) for getting an HIV test. Fifteen dollars corresponds to the average amount …
Reducing Vulnerability To Human Trafficking: An Experimental Intervention Using Anti-Trafficking Campaigns To Change Knowledge, Attitudes, Beliefs, And Practices In Nepal, Margaret Boittin, Dan Archer, Cecilia Hyunjung Mo
Reducing Vulnerability To Human Trafficking: An Experimental Intervention Using Anti-Trafficking Campaigns To Change Knowledge, Attitudes, Beliefs, And Practices In Nepal, Margaret Boittin, Dan Archer, Cecilia Hyunjung Mo
Margaret Boittin
Prepared for USAID, Humanity United, the US Department of Labor, and Terre des Hommes, March 2016.
State Net Neutrality, Daniel A. Lyons
State Net Neutrality, Daniel A. Lyons
Daniel Lyons
For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.
Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but by policy disagreements …
Comment Of Legal Scholars On Authority To Require Supervision And Regulation Of Certain Nonbank Financial Companies, Financial Stability Oversight Council Rin 4030-Aa00, Daniel Schwarcz, Patricia A. Mccoy, Jeremy Kress
Comment Of Legal Scholars On Authority To Require Supervision And Regulation Of Certain Nonbank Financial Companies, Financial Stability Oversight Council Rin 4030-Aa00, Daniel Schwarcz, Patricia A. Mccoy, Jeremy Kress
Patricia A. McCoy
Professor McCoy coauthored this comment on a proposal by the Financial Stability Oversight Council to overhaul systemic risk regulation for nonbank financial firms.
Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy
Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy
Patricia A. McCoy
In this comment letter, Professor McCoy responds to the Advance Notice of Proposed Rulemaking on Qualified Mortgages issued by the Consumer Financial Protection Bureau.
The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay
The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay
Paul R. Tremblay
This essay, in honor of the twenty-fifth anniversary of the founding of the Clinical Law Review, reflects on the gradual emergence, and the limited influence, of transactional practice within clinical scholarship as reflected by writing in the Clinical Law Review since 1994. The essay offers three observations. First, a review of the fifty or so published issues of the journal demonstrates that writing about transactional practice has increased demonstrably between 1994 and 2019. Second, that development notwithstanding, it appears that when writers, even in recent years, write about lawyering in some generalizable fashion, the examples that appear in those works …
Reassessing The Quality Of Government In China, Margaret Boittin, Greg Distelhorst, Francis Fukuyama
Reassessing The Quality Of Government In China, Margaret Boittin, Greg Distelhorst, Francis Fukuyama
Margaret Boittin
How should the quality of government be measured across disparate national contexts? This study develops a new approach using an original survey of Chinese civil servants and a comparison to the United States. We surveyed over 2,500 Chinese officials on two organizational features of their bureaucracies: meritocracy and individual autonomy. They report greater meritocracy than U.S. federal employees in almost all American agencies. China's edge is smaller in autonomy. Differences between the U.S. and China diminish, but do not disappear, after adjusting for respondent demographics. The meritocracy gap is also robust to excluding the Chinese respondents most likely to be …
The Effect Of Context On Practice, Susan D. Carle
The Effect Of Context On Practice, Susan D. Carle
Susan D. Carle
Book review of Lynn Mather, Craig A. McEwan & Richard J. Maiman's Divorce Lawyers at Work: Varieties of Professionalism in Practice
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Brief Of Amici Curiae 116 Law Librarians And 5 Law Library Organizations In Support Of Respondent, Leslie A. Street, David R. Hansen, Kyle K. Courtney
Leslie A. Street
No abstract provided.
Justice Sutherland Reconsidered, Samuel R. Olken
Justice Sutherland Reconsidered, Samuel R. Olken
Samuel R. Olken
In the annals of Supreme Court history, George Sutherland occupies a curious place. Associate Justice of the U.S. Supreme Court from 1921 to 1938, the Utah native has long been identified as one of the infamous "Four Horsemen," known largely for his role as a judicial conservative instrumental in the Court's invalidation of significant aspects of the New Deal. Yet Sutherland was also the author of several influential opinions involving matters as diverse as civil rights, freedom of expression, and others that recognized the broad authority of the federal government in the realm of foreign and military affairs. A proponent …