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Full-Text Articles in Law

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson Feb 2011

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …


Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner Feb 2011

Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner

James R. May

No abstract provided.


The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier Jan 2011

The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier

Chad J McGuire

There is an ongoing practice in the international shipping community that impacts fundamental notions of sustainability as defined in the peer-reviewed literature (WCED, 1987; Gladwin, Kennelly & Krause, 1995; McManus, 1996, Naess, 2003; McGregor, 2004). The practice is based in discounting the true costs of maritime shipping through a system of open registries. By engaging in such practices, there is an inherent failure by the international community to internalize the true costs (environmental, social, labor, etc.) associated with shipping. The result is a practice that artificially keeps the international costs of maritime shipping low at the expense of environmental and …


Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse Dec 2010

Australian Companion To Harris - Cases & Materials On International Law, Anthony Cassimatis, Wendy Lacey, Anne Mcnaughton, Rosemary Rayfuse

Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for …


Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss Dec 2010

Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss

Andrew L. Strauss

No abstract provided.


Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas Dec 2010

Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas

David R. Hodas

No abstract provided.


Free Market Environmentalism, Andrew Morriss Dec 2010

Free Market Environmentalism, Andrew Morriss

Andrew P. Morriss

No abstract provided.


Media And Environmental Politics In East Asia, Mary Alice Haddad Dec 2010

Media And Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

No abstract provided.


Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl Dec 2010

Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse Dec 2010

International Law And Disappearing States: Maritime Zones And The Criteria For Statehood, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Vattenverksamhet, Kapitel 11 Miljöbalken, Evgenia Pavlovskaia Dec 2010

Vattenverksamhet, Kapitel 11 Miljöbalken, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Huvudbestämmelser som är relevanta för vattenverksamhet: - 11 kap. MB, Definitioner på vattenverksamhet (11:2-5 MB), Nyttoövervikt (11:6 MB), Tillståndsplikt (11:9 MB), - Förordning (1998:1388) om vattenverksamhet, - Rådighet över vatten, Lag (1998:812) med särskilda bestämmelser om vattenverksamhet, 2 kap., - Hänsynsregler, 2 kap. MB, - Hushållningsregler för mark- och vattenområden 3 och 4 kap. MB, 4:6 MB.


Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes Dec 2010

Paying For Suburban Sprawl: Relating Commercial Finance Law To Environmental Harm, Heather Hughes

Heather Hughes

This Article relates contemporary financing practices to land use results on the ground. Demonstrating a relationship between financing practices and environmental consequences requires excavation of core questions about the scope and structure of the private law rules that comprise commercial finance law. Private law mechanisms such as rules governing common forms of financial transactions can relieve the tension between financial incentives driving commercial actors, on the one hand, and the goals of environmental regulation, on the other. This Article explores the relationship between one, typical form of real estate development finance – the securitized mezzanine loan – and one, major …


Notional Generosity, Josh Eagle Dec 2010

Notional Generosity, Josh Eagle

Josh Eagle

This article explores a phenomenon that might be called “gift-form generosity”: people earning similar amounts of income are more willing to part with a dollar’s worth of one kind of property than another. Among all income groups, the form of property with which charitable donors are most willing to part is the “conservation easement.” Data show, for example, that the average charitable easement donation is more than 100 times greater in value than the total, annual charitable contribution made by the average American taxpayer. Why are donors so willing to part with conservation easements? The answer may lie in donors’ …


Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon Dec 2010

Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon

Anne Schillmoller

Earth jurisprudence is an emerging area of law in which the integrity and health of ecosystems become a central concern of human legal and political institutions. In recent years, several countries have proposed constitutional reforms which mandate legal recognition of ecosystems’ ‘right to exist’. In September 2008 Ecuador became the first country in the world to declare constitutional ‘rights of nature’ and to codify a new system of environmental governance. The new laws grant citizens the right to sue on behalf of an ecosystem, even if not injured themselves. As one of the architects of this new legal framework observed, …