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Articles 1 - 16 of 16
Full-Text Articles in Law
Almost, But Not Quite, Entirely Unlike Libraries: Academic Law Librarians Enter The World Of Archives, Stacy Etheredge
Almost, But Not Quite, Entirely Unlike Libraries: Academic Law Librarians Enter The World Of Archives, Stacy Etheredge
Articles
No abstract provided.
The Falsity-Scienter Inference, Wendy Gerwick Couture
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Articles
No abstract provided.
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Articles
No abstract provided.
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …
Conservation Reliant-Species, Dale Goble
Conservation Reliant-Species, Dale Goble
Articles
A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …
A State-Based National Network For Effective Wildlife Conservation, Dale Goble
A State-Based National Network For Effective Wildlife Conservation, Dale Goble
Articles
State wildlife conservation programs provide a strong foundation for biodiversity conservation in the United States, building on state wildlife action plans. However, states may miss the species that are at the most risk at rangewide scales, and threats such as novel diseases and climate change increasingly act at regional and national levels. Regional collaborations among states and their partners have had impressive successes, and several federal programs now incorporate state priorities. However, regional collaborations are uneven across the country, and no national counterpart exists to support efforts at that scale. A national conservation-support program could fill this gap and could …
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum
Articles
No abstract provided.
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long
Articles
An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Resilience And Law As A Theoretical Backdrop For Natural Resource Management: Flood Management In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that nonstructural measures should be the primary focus of new expenditure on flood risk management in the Columbia River Basin over the next sixty-year period of treaty implementation to align flood risk management with management for ecosystem resilience. Resilience is the measure of the capacity of a system to maintain important functions, structures, identity, and feedback through adaptation in the face of …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Articles
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Resilience And Water Governance: Adaptive Governance In The Columbia River Basin, Barbara Cosens
Articles
The 1964 Columbia River Treaty between the United States and Canada is currently under review. Under the treaty, the river is jointly operated by the two countries for hydropower and is the largest producer of hydropower in the western hemisphere. In considering the next phase of international river governance, the degree of uncertainty surrounding the drivers of change complicates efforts to predict and manage under traditional approaches that rely on historical ecosystem responses. At the same time, changes in social values have focused attention on ecosystem health, the decline of which has led to the listing of seven salmon and …
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
Articles
The Supreme Court's willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court's vacillation has dramatically impacted the executive 's power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and its aftermath dramatically altered the executive's power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily when …
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Overcoming Neoliberal Hegemony In Community Development: Law, Planning, And Selected Lamarckism, Jerrold A. Long
Articles
No abstract provided.
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
Articles
No abstract provided.