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Articles 1 - 21 of 21
Full-Text Articles in Law
Jettisoning Chevron, Linda Jellum
Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb
Dynamic Federalism In Human Rights Treaty Implementation, Johanna Kalb
Articles
In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to locate doctrinal gaps where state legislatures and courts may act without intruding in areas of traditionally federal jurisdiction. Thus far, however, little effort has been directed towards modeling an affirmative obligation for state participation in treaty implementation, despite the fact that state action is arguably required, both pragmatically …
Litigating Dignity: A Human Rights Framework, Johanna Kalb
Litigating Dignity: A Human Rights Framework, Johanna Kalb
Articles
No abstract provided.
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long
Articles
No abstract provided.
Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long
Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long
Articles
No abstract provided.
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Articles
A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, it has promised a new constitution. Although the Nepali government is currently operating under an Interim Constitution, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of …
Fresh Look At Punitive Damages, Richard Henry Seamon
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren
Articles
No abstract provided.
Historic Signs, Commercial Speech, And The Limits Of Preservation, Stephen R. Miller
Historic Signs, Commercial Speech, And The Limits Of Preservation, Stephen R. Miller
Articles
No abstract provided.
Law Clerking: My Favorite Year, Donald L. Burnett Jr.
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Articles
Iqbal and Twombly introduced a new standard for pleading federal claims by overruling five-decades old language from Conley v. Gibson. Instead of plaintiffs being entitled to discovery unless the complaint affirmatively forecloses the possibility of recovery, Iqbal and Twombly require a more searching evaluation of the complaint under an ambiguous "plausibility" standard. The policy behind this increased burden on plaintiffs is to prevent the false positive error that burdensome discovery creates. How the plausibility standard from Iqbal and Twombly should operate in the real world is poorly understood. There is general acknowledgement that no clear guidance exists about how to …
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Reminiscence On The 1984 Swan Falls Water Rights Negotiations, Patrick D. Costello
Articles
No abstract provided.
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Articles
Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …
The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum
Articles
No abstract provided.
Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long
Ackerson V. Bean Dredging, L.L.C., 589 F.3d 196 (5th Cir. 2009), Jessica M. Long
Articles
No abstract provided.
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble
Articles
The objective of the Endangered Species Act is to "recover" imperiled species and thus to render the Act's conservation tools unnecessary To achieve this goal, the drafters of the Act crafted a linear process that begins with an assessment of the threats facing the species and moves through the elimination of those threats to the recovery and delisting of the species. It has become increasingly apparent over the past decade that few species fit this model- most species face threats-altered habitats and competition with invasive species-that cannot be eliminated. These species are "conservation reliant" because they will require ongoing conservation …
To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln
To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan S. Lincoln
Articles
No abstract provided.
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens
Articles
No abstract provided.
Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens
Evolution Of The Policies Surrounding Ground And Surface Water Management In The West, Barbara Cosens
Articles
No abstract provided.
New Developments For Conjunctive Management In Idaho: Why Our Expanding Understanding Of Science Should Expand How We Address The Doctrine Against Waste In Idaho Water Right Transfers, Dylan R. Hedden-Nicely
New Developments For Conjunctive Management In Idaho: Why Our Expanding Understanding Of Science Should Expand How We Address The Doctrine Against Waste In Idaho Water Right Transfers, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens
Articles
No abstract provided.