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Articles 1 - 23 of 23
Full-Text Articles in Law
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy
Pepperdine Law Review
No abstract provided.
Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea
Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
The Tabling Of International Treaties Inthe Parliament Of Canada: The First Four Years, Ted L. Mcdorman
The Tabling Of International Treaties Inthe Parliament Of Canada: The First Four Years, Ted L. Mcdorman
Dalhousie Law Journal
In January 2008, the government ofCanada announced the adoption of the policy that international treaties would be tabled in the House of Commons following their signature or adoption and prior to Canada formally notifying its intention to be bound by the treaty. This article provides an overview of the Tabling Policy, the domestic legal structure of treaty-making in Canada, a description of the international instruments that have been tabled under the Policy from 2008 to 2011, and a review of the one treaty that has been discussed at length in the House of Commons.
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
The Continuum Of International Maritime Law And Canadian Maritime Law: Explaining A Complex Relationship, Aldo Chircop, Sarah Shiels
Dalhousie Law Journal
This article discusses the relationship between international maritime law and Canadian maritime law from legislative and judicial perspectives. It explains the relationship through Canada's implementation of international maritime conventions and a study of Canadian case law The article concludes that the relationship has a well-developed pattern based on legislative structures and judicial processes. With strong historical roots and traditions, the relationship is motivated by international comity and has firm grounding in international and domestic public policyin support ofinternational uniformity to facilitate international commerce. Canadian maritime law has a unique heritage underscored by commercial necessity The consequence is a relationship between …
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji
Dalhousie Law Journal
African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
When Never Happens: Implications Of Medicare's Never-Event Policy, Hudson T. Rowland
Marquette Elder's Advisor
This article discusses the Healthiest Wisconsin 2010 (HW2010) statute and its implementation to improve patient care through a denial of payment to hospitals when a selected condition takes place. The state of Wisconsin has created a program to improve the state's overall health through a partnership between the state department of health, universities, and other health providers. While the two programs have their differences, this article explores how the Centers for Medicare and Medicaid Services can learn from Wisconsin and HW2010 to create a more reasonable plan to improve patient safety.
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
Marquette Elder's Advisor
Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.
International Human Rights And The Elderly, Jaclynn M. Miller
International Human Rights And The Elderly, Jaclynn M. Miller
Marquette Elder's Advisor
This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …
Policy And Custodial Grandparents, Carole B. Cox
Policy And Custodial Grandparents, Carole B. Cox
Marquette Elder's Advisor
In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn
Dalhousie Law Journal
With a renewed global interest in achieving a more sustainable society, the authors reflect on the history of institutionalizing sustainable development in their province, Manitoba, and consider its future. This paper outlines that province's approaches to developing and advancing sustainable development and discusses the success of these approaches in shaping, guiding, and furthering sustainable development in the province. This is achieved through examination of legislation and review of sustainable development documents as well as interviews with various participants in the process including members of the Manitoba Round Table for Environment and Economy and members of the more recent Manitoba Round …
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Are Climate Change Policies Fair To Vulnerable Communities? The Impact Of British Columbia's Carbon Tax And Australia's Carbon Pricing Policy On Indigenous Communities, Karen Bubna-Litic, Nathalie J. Chalifour
Dalhousie Law Journal
This paper compares carbon pricing policies in British Columbia and Australia in order to identify differences between carbon taxes and emissions trading schemes (ETS) from a fairness perspective. We examine how taxes and trading systems impact indigenous communities in both jurisdictions. While the regressivity of carbon pricing is a critical part of any fairness assessment, we argue that socioeconomic and cultural factors must also be taken into consideration. We discuss the importance of accompanying carbon pricing with policies that mitigate not only distributional impacts, but also additional impacts. These may be funded by the revenue generated by the policy or …
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
Human Rights & Human Welfare
The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph
University of Richmond Law Review
No abstract provided.
Sense And Severability, Tobias A. Dorsey
Sense And Severability, Tobias A. Dorsey
University of Richmond Law Review
No abstract provided.
Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons
Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons
Saint Louis University Public Law Review
No abstract provided.
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael
The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael
ILSA Journal of International & Comparative Law
Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco
NYLS Law Review
No abstract provided.
Seriously Funny: Understanding Campaign Finance Policy Through The Colbert Super Pac, R. Sam Garrett
Seriously Funny: Understanding Campaign Finance Policy Through The Colbert Super Pac, R. Sam Garrett
Saint Louis University Law Journal
No abstract provided.