Asking The Right Questions About The Future Of Shale Gas, John Dernbach
Jan 2016
Asking The Right Questions About The Future Of Shale Gas, John Dernbach
John C. Dernbach
This Article argues that the questions that have guided U.S. energy policy for decades — about how to assure cheap, plentiful, and secure energy with basic environmental and public health protection — are no longer the only relevant questions. This is particularly true after the December 2015 Paris Agreement on climate change Shale, in which countries unanimously agreed to progressively reduce their greenhouse gas emissions until there are net zero greenhouse gas emissions in the second half of this century. Shale gas is used as a case in point. Shale gas development is justified on the basis that it contributes …
Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon
Jan 2016
Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon
Mary Brigid McManamon
Editorial discussing the original intent of "natural born citizen."
Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees, Eleni Karageorgiou
Jan 2016
Solidarity And Sharing In The Common European Asylum System: The Case Of Syrian Refugees, Eleni Karageorgiou
Eleni Karageorgiou
Although the vast majority of Syrians flee to neighboring countries, an increasing number is trying to reach European soil. On one end of the spectrum, individuals escape their war-torn country seeking protection elsewhere and on the other end the European Union (EU) and its Members States bear specific obligations for granting protection, stemming from their international and regional legal commitments. Drawing from the UNHCR estimations that the exodus is evolving rapidly and in light of Article 80 TFEU and the objectives by the European Council, the EU needs to adopt policies which emphasize the full and inclusive application of the …
Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill
Jan 2016
Thirteenth Birthday A Cutoff Between Automatic Lawyer And Miranda Rights, Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke Boso
Dec 2015
Acting Gay, Acting Straight: Sexual Orientation Stereotyping, Luke Boso
Luke A. Boso
What does it mean to discriminate "because of sexual orientation?" This legal question will arise increasingly as many states and municipalities enact laws that prohibit discrimination because of sexual orientation. Without evidence of animus, plaintiffs will likely resort to evidence of sexual orientation stereotyping. How should courts determine whether evidence is of sexual orientation stereotyping, and therefore evidence of sexual orientation discrimination? This question is important for courts and litigants who will increasingly face the question, as well as for those invested in anti-essentialist antidiscrimination law more broadly. When the law attempts to define identity categories by offering universalizing definitions, …
The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices., Rhonda Magee
Dec 2015
The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices., Rhonda Magee
Rhonda V Magee
Most of us know that, despite the counsel of the current Supreme Court, colorblindness is not, by itself, an effective remedy against racism. This is so because it does not comport with our cognitive (or social) experience of the real world. Thus, legal scholars, backed by cognitive scientists, have called for a move from colorblindness to color insight -- defined as an understanding of race and its pervasive operation in our lives and in the law. This Article is the first to explore the role of research-grounded mindfulness-based contemplative practices in enhancing what may be called ColorInsight, and to suggest …
Eu Human Rights Law And Environmental Protection: The Beginning Of A Beautiful Friendship?, Sanja Bogojevic
Dec 2015
Eu Human Rights Law And Environmental Protection: The Beginning Of A Beautiful Friendship?, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros
Dec 2015
Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria Ontiveros
Maria L. Ontiveros
This article examines the use of the rhetoric of slavery by the United States government and advocates for immigrant workers to determine how the Thirteenth Amendment is perceived and used in contemporary society. A survey of popular usage revealed that the government focuses on trafficking as the definitive form of modern day slavery. In so doing, it portrays modern day slavery as a private act with identifiable wrong doers and victims who have been forced or coerced into involuntary servitude. Immigrant workers advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental …
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
Dec 2015
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
Dr Gabriel Garcia
Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.
End Delaware’S Corporate Dominance, Kent Greenfield
Dec 2015
End Delaware’S Corporate Dominance, Kent Greenfield
Kent Greenfield
Delaware provides corporate foundational papers to all comers, and earns as much as a quarter of its state budget from the ensuing fees. Though Delaware has a population of less than one-third of 1 percent of the nation, more than half of Fortune 500 businesses claim a filing cabinet in Wilmington as home. Scholars disagree on whether the state’s rules provide more protection for shareholders or managers. But one thing is absolutely clear: Delaware corporate law cares not at all about employees, communities, customers, or other stakeholders, except insofar as shareholders also gain.
The Meaning Of "Meaningful Appellate Review" In Capital Cases: Lessons From California, Steven Shatz
Dec 2015
The Meaning Of "Meaningful Appellate Review" In Capital Cases: Lessons From California, Steven Shatz
Steven F. Shatz
In Furman v. Georgia, the Supreme Court's seminal death penalty case, the Court held that the death penalty, as then administered, violated the Eighth Amendment because the penalty decision was so unguided and the imposition of the death penalty was so infrequent as to create an unconstitutional risk of arbitrariness. The Court's remedy, developed in subsequent decisions, was to require the state legislatures to "genuinely narrow the class of persons eligible for the death penalty" and the state courts to provide "meaningful appellate review" of death sentences. In recent years, a number of scholars have addressed the genuine narrowing requirement …
The Executive Power Of Process In Immigration Law, Jill Family
Dec 2015
The Executive Power Of Process In Immigration Law, Jill Family
Jill E. Family
The role of the executive branch in enforcing immigration law is the subject of renewed focus. In the academic realm, the spotlight rests on the executive branch itself, as opposed to lumping together both Congress and the executive as the political branches. This new focus on the executive branch alone creates space for scholars to approach thorny separation of powers and federalism questions surround the president's exercise of discretion in enforcing immigration law. In the political realm, the contours of the executive's discretionary authority in immigration law have become a point of contention between the president and Congress and have …
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Dec 2015
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Scott W. Howe
Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …
Minors, Parents, And Minor Parents, Maya Manian
Dec 2015
Minors, Parents, And Minor Parents, Maya Manian
Maya Manian
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …
Human Rights Contestations: Sexual Orientation And Gender Identity, Anthony Chase
Dec 2015
Human Rights Contestations: Sexual Orientation And Gender Identity, Anthony Chase
Anthony Chase
This article asks if and why sexual orientation and gender identity-related rights should connect to a human rights framework. To answer that question it begins by addressing how we understand what makes human rights resonate or not resonate and if addressing a contentious issue such as sexual orientation or gender identity from within a human rights frame advances or detracts from such resonance. The argument developed in response is anti-foundational: i.e., that human rights’ resonance has not come from some universally valid extra-political foundational source but, rather, comes from how human rights have been transformed (at times) into tools that …
Beyond Campaign Finance Reform, Tabatha Abu El-Haj
Dec 2015
Beyond Campaign Finance Reform, Tabatha Abu El-Haj
Tabatha Abu El-Haj
The average American voter is apathetic, ignorant and polarized, or so we are told. Except, it turns out, with respect to her views on the outsized political influence of the super wealthy: poll after poll reveals a bipartisan consensus that wealthy interests exert too much political influence and there is good evidence to support these concerns. While the public blames the Supreme Court’s decision in Citizens United v. FEC for this situation, experts in the field know that the constitutional constraints on our ability to limit the political influence of moneyed elites long-predate Citizens United and pose a formidable barrier …
Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey
Dec 2015
Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey
Jack I Garvey
This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the …
Global Imbalances In Climate Protection, Leadership Ambitions And Eu Climate Change Law, Sanja Bogojevic
Dec 2015
Global Imbalances In Climate Protection, Leadership Ambitions And Eu Climate Change Law, Sanja Bogojevic
Sanja Bogojević
No abstract provided.
Do Black Lives Matter?: Race As A Measure Of Injury In Tort Law, Alberto Bernabe
Dec 2015
Do Black Lives Matter?: Race As A Measure Of Injury In Tort Law, Alberto Bernabe
Alberto Bernabe
A discussion on whether it is a good idea to allow a plaintiff to use the race of a child as a measure of injury in a wrongful birth claim, and on the extent to which modern reproductive technologies change the way we think about injuries for purposes of tort law
Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, Alberto Bernabe
Dec 2015
Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, Alberto Bernabe
Alberto Bernabe
This article discusses the court’s decision in Tracey v. Solesky and the resulting legislative reaction to it.
Legal Reasoning And Objective Writing: A Comprehensive Approach, Daniel L. Barnett, Jane Kent Gionfriddo
Dec 2015
Legal Reasoning And Objective Writing: A Comprehensive Approach, Daniel L. Barnett, Jane Kent Gionfriddo
Jane Kent Gionfriddo
Legal Reasoning and Objective Writing: A Comprehensive Approach is a textbook for the objective writing segment of a first-year legal writing class, written by two professors who have collaborated for many years, and who between them have over 50 years of experience teaching legal analysis and writing. The book, which is written in a conversational manner to engage students and put them at ease so that they grasp difficult concepts easily, uses a variety of short examples throughout the chapters as well as sample documents in the appendices with comprehensive annotations keyed to relevant portions of the book. Each chapter …
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter J. Honigsberg
Dec 2015
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter J. Honigsberg
Peter J Honigsberg
Commentators and researchers have written on the harsh and unlawful tactics that military interrogators employed to obtain actionable intelligence from suspected terrorists following the attacks on September 11, 2001. However, no one has painted the picture of these interrogations through the words of identified and named interrogators. This article does that, by focusing on the words and unique stories of five interrogators. The article then explores the unintended consequences that are still with us today because of the military's enhanced interrogation techniques. Much of the information in this article is not found to this detail anywhere else in the literature, …
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon
Dec 2015
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon
Deborah S Gordon
Franz Kafka is credited with observing that “the meaning of life is that it stops.” This recognition—that life’s one certainty is certain death—has been the source of great artistic, scientific, political, and personal inspiration. How we have lived over the course of our days—our individual and collective histories—and how we will be remembered by those who survive us—our legacies—are bridged not only by our achievements and relationships but also by cherished items of property that we have accumulated and decided to pass on. This type of possession often has a narrative that endows it with meaning. By incorporating a personal …
The Criminal Bug: Volkswagen's Middle Management, J.S. Nelson
Dec 2015
The Criminal Bug: Volkswagen's Middle Management, J.S. Nelson
J.S. Nelson
Not only does the 2015-16 Volkswagen emissions cheating scandal have the potential to destroy a $227 billion-dollar multinational company, but it contains eerie echoes of other recent white collar scandals that have claimed lives and cost the public trillions of dollars. Through a case study of Volkswagen, this Essay pioneers a new way to look at these scandals by focusing on their common element: the growing insulation and entrenchment of middle management to coordinate such large-scale wrongdoing.
Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May
Dec 2015
Introduction: Shale Gas And The Future Of Energy, John C. Dernbach, James R. May
John C. Dernbach
This is the introduction to the first book systematically exploring the relationship between shale gas and sustainable development, Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016). It describes the growing importance of unconventional shale gas and the evolution of sustainable development as a policy norm, and explains that there has been little analysis of the relationship between unconventional shale gas and sustainability. The introduction then summarizes twelve chapters by the contributing authors, who are not only lawyers and current and former policy makers, but also from public health, the social sciences, economics, and …
Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach
Dec 2015
Shale Gas And The Future Of Energy: Framing The Sustainability Questions, John C. Dernbach
John C. Dernbach
Few energy issues in recent decades have proven as contentious as shale gas. Supporters and opponents often speak in such strikingly divergent terms that they seem to be describing different activities. Typically, supporters point to the economic and security impacts of shale gas, and minimize the adverse environmental and social effects. Opponents often point to negative environmental and social impacts, and downplay the economic and security effects. This chapter, from Shale Gas and the Future of Energy: Law and Policy for Sustainability (Edward Elgar 2016), explains sustainable development as an essential framework for providing a more complete understanding of whether …
Why Online Resources Won’T Replace Writing Specialists – At Least Anytime Soon!, Lurene Contento
Dec 2015
Why Online Resources Won’T Replace Writing Specialists – At Least Anytime Soon!, Lurene Contento
Lurene Contento
No abstract provided.
Prisoners And The Law, Ira P. Robbins
Dec 2015
Prisoners And The Law, Ira P. Robbins
Ira P. Robbins
Prisoners and the Law focuses on legal issues commonly affecting the prison population, including AIDS, drugs, overcrowding, security, appeals, weapons, correspondence, visitation issues, and prisoner safety. In-depth articles, written by leading authorities, cover topics such as:
- The future of prison reform
- Restitution
- Proposals for a new correctional system
- Inmate welfare funds
- Prisoner, prison, probation, and parole statistics
- Incisive articles, written by some of the nation's leading authorities, on the development and present status of this evolving area of law
- The most recent changes and developments in the field
Use this title as a resource for issues relating to private incarceration, …
The United States Tax Court - A Court For All Parties, T. Keith Fogg
Dec 2015
The United States Tax Court - A Court For All Parties, T. Keith Fogg
T. Keith Fogg
This article seeks to explain the role of the Tax Court both within the system of taxation and the system of tribunals of the United States. To provide this explanation, the article will address several specific areas: 1) the mission of the Court; 2) the placement of the Court within the judicial system and the scope of its jurisdiction; 3) selection of judicial officers of the Court; 4) the internal organization of the Court and its opinions; 5) access to the Court; 6) policy issues facing the Court; and 7) interaction between the Court and the public outside the courtroom. …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Dec 2015
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much longer. Many …
