Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (9)
- Land Use Law (8)
- Criminal Law (5)
- Legal Ethics and Professional Responsibility (5)
- Constitutional Law (4)
-
- Legal Education (4)
- State and Local Government Law (4)
- International Law (3)
- Comparative and Foreign Law (2)
- Health Law and Policy (2)
- Natural Resources Law (2)
- Administrative Law (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Evidence (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Humanitarian Law (1)
- Judges (1)
- Jurisdiction (1)
- Law Enforcement and Corrections (1)
- Litigation (1)
- Organizations Law (1)
- Property Law and Real Estate (1)
- Keyword
-
- Environmental Law (6)
- NYLJ (6)
- Land use (4)
- Legal Profession (4)
- Criminal Law and Procedure (3)
-
- Legal Education (3)
- Takings (3)
- Citizen suits (2)
- Constitutional Law (2)
- Ethics (2)
- Health Law and Policy (2)
- Legal education (2)
- MacCrate (2)
- Property-Personal and Real (2)
- Advocacy (1)
- Affirmative defense (1)
- Apprendi (1)
- Careers (1)
- Charities (1)
- Civil Rights (1)
- Comparative Law (1)
- Consumer Protection Law (1)
- Corporations (1)
- Courts (1)
- Crime (1)
- Cultural property (1)
- Death penalty (1)
- Double jeopardy (1)
- EIS (1)
- Estate Planning and Probate (1)
Articles 31 - 37 of 37
Full-Text Articles in Law
Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller
Overlooked Issues In The "Diligent Prosecution" Citizen Suit Preclusion, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Congress sought to attain full compliance with environmental statutes. It reasoned that multiple enforcers would provide more comprehensive and effective enforcement than one enforcer. Congress therefore empowered the Environmental Protection Agency (EPA), the states and private citizens as enforcers of the statutes. However, Congress worried that successive actions by multiple enforcers could bring disruption and conflict to enforcement litigation and remedies. It therefore included in the citizen suit provision of each statute a limited, three-element notice, delay, and bar preclusion device to manage successive citizens' enforcement against the violations already subject to government enforcement. The device generally bars citizens from …
The Debate Over War Powers, Mark R. Shulman
The Debate Over War Powers, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Opening Remarks, Gary A. Munneke
Opening Remarks, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Interestingly, there is hardly any scholarship, and very little discussion, about the MacCrate Report outside of the clinical and skills programs in the traditional segments of legal education. I am not a clinician, although in the past I have taught courses in interviewing and counseling, and negotiations. I teach Law Practice Management and Professional Responsibility, which address professional skills and values; but I teach Torts as well, and my Torts colleagues, like teachers in other traditional subjects, really do not focus on these issues very much. So, one of the things I wanted to do with this symposium was to …
Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard
Exonerations Change Judicial View On Ineffective Assistance Of Counsel, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes the U. S. constitutional law interpreting the concept of “same offence.” Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of “same offence,” where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from …
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Defining The Project Purpose Under Nepa: Promoting Consideration Of Viable Eis Alternatives, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Comment examines how courts should construe EIS project goals under NEPA. Part I provides the basic foundation for EIS alternative analysis by outlining NEPA's goals, framework, and legal development. Part II identifies and discusses two conflicting positions in current case law supporting narrow versus general goal formulations in project purpose evaluation. To resolve this conflict, Part III suggests that courts should reject the narrow formulation in evaluating a project's purpose and objectively inquire into the effect and purpose of the agency's action.
Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula
Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula
Elisabeth Haub School of Law Faculty Publications
This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …