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Articles 1 - 15 of 15
Full-Text Articles in Law
Una Mirada Al Derecho Y Su Historia Desde Venezuela, Rogelio Pérez Perdomo
Una Mirada Al Derecho Y Su Historia Desde Venezuela, Rogelio Pérez Perdomo
Faculty Publications
No abstract provided.
Criminal Justice In Indian Country, M. Alexander Pearl
Criminal Justice In Indian Country, M. Alexander Pearl
Faculty Publications
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Faculty Publications
No abstract provided.
Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins
Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins
Faculty Publications
One of the most promising routes to a sustainable energy future, as well as climate change mitigation, is the development of renewable energy sources such as wind, solar energy, and hydropower. Indeed, scientists have proposed plans to move completely (100 percent!) to these energy sources within a couple of decades. Mark Z. Jacobson and M.A. Delucchi, scientists from Stanford and U.C. Davis, have outlined a plan to achieve this goal, thereby “eliminating all fossil fuels”. Hydroelectric power already provides almost one-fifth of the world's electricity, and wind and solar development is rapidly picking up as well. However, before we leave …
Revisiting The Causes Of The Financial Crisis, Antony Page
Revisiting The Causes Of The Financial Crisis, Antony Page
Faculty Publications
Much has been written on the legal causes of the financial crisis and its aftermath, often referred to as the Great Recession. Presumably the debate will continue for many years to come, much as scholars continue to debate the causes of the Great Depression. Lost, however, in the descriptions of arcane laws and complex derivative financial products, is a relatively brief and straightforward account of the crisis and its most likely causes for interested lawyers, law students, or graduate students who are not specialists and do not want to become specialists. This Essay, based on a presentation at the Indiana …
Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa
Faculty Publications
Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …
Contract Claims And The Willful And Malicious Injury Exception To The Discharge In Bankruptcy, Scott F. Norberg
Contract Claims And The Willful And Malicious Injury Exception To The Discharge In Bankruptcy, Scott F. Norberg
Faculty Publications
No abstract provided.
The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa
Faculty Publications
The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …
Mixed Signals On Summary Judgment, Howard Wasserman
Mixed Signals On Summary Judgment, Howard Wasserman
Faculty Publications
This essay examines three cases from the Supreme Court’s October Term 2013 addressing the standards for summary judgment. In one case, the Court affirmed summary judgment against a civil-rights plaintiff, in a continued erroneous over-reliance on the certainty of video evidence. In two other cases, the Court rejected the grant of summary judgment against civil-rights plaintiffs, arguably for the first time in quite a while. This essay unpacks the substance and procedure underlying all three decisions and considers the effect of the three cases and what signals they send to lower courts and litigants about the proper approach to summary …
Football And The Infield Fly Rule, Howard M. Wasserman
Football And The Infield Fly Rule, Howard M. Wasserman
Faculty Publications
No abstract provided.
The Age Of Constitutions In The Americas, M C. Mirow
The Age Of Constitutions In The Americas, M C. Mirow
Faculty Publications
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
Faculty Publications
A fundamental aspect of United States criminal law is the presumption of innocence until proven guilty. A corollary right gives every American a Constitutional right to counsel or the right to represent herself in person if she so chooses. In international criminal law, similar fundamental rights are theoretically offered to accused persons under the statutes of the courts and under general international human rights law. However, unlike the U.S. criminal justice system, international criminal tribunals have generally failed to honor the lofty promises contained in their constitutive instruments. But it is not the principled lack of adherence to ensuring the …
Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins
Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins
Faculty Publications
As the population grows, so does the conflict between demand for agricultural productivity and the need to maintain healthy ecosystems. Unfortunately, this concern alone does not motivate the agricultural industry to operate in a more environmentally friendly manner, nor is it an industry that has proven amenable to strict regulation. Indeed, any such effort must face one of the mightiest lobbies of all time. As it functions today, agriculture is unsustainable and at risk of wiping out more than its fair share of our already dwindling biodiversity. As demand increases, there is the potential for it to get worse than …
Love And Civil Rights, Ediberto Román
Love And Civil Rights, Ediberto Román
Faculty Publications
Despite western legal scholars' almost universal rejection of the use of emotions in legal analysis, the unquestionable greatest social activist and grassroots legal reformer of our times, and perhaps one of the greatest in the annals of time, Rev. Dr. Martin Luther King, understood a basic yet profound fact concerning societal change - the transformative power of love. During the era where he achieved the greatest influence, Dr. King knew that societal-wide change could not occur without transforming the American psyche on the basic fairness of the civil rights struggle. This civil rights struggle, which is now so closely associated …
Subsidiarity In Principle:Decentralization Of Water Resources Management, Ryan B. Stoa
Subsidiarity In Principle:Decentralization Of Water Resources Management, Ryan B. Stoa
Faculty Publications
No abstract provided.