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Full-Text Articles in Law

Review: International Environmental Law: The Practitioner's Guide To The Laws Of The Planet, Anastasia Telesetsky Jul 2015

Review: International Environmental Law: The Practitioner's Guide To The Laws Of The Planet, Anastasia Telesetsky

Articles

No abstract provided.


Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture Jul 2015

Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture

Articles

No abstract provided.


Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long May 2015

Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long

Articles

No abstract provided.


Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders Jan 2015

Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders

Articles

BMW of North America, Inc. v. Gore rests, in part, on the “understandable relationship” between a civil jury’s award of compensatory and punitive damages. Gore designates Due Process a protectant against excessive civil jury awards, in effect outmaneuvering the civil jury trial right. Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant’s conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.

This Article focuses on the second of Gore’s three guideposts ...


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky Jan 2015

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Articles

No abstract provided.


Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller Jan 2015

Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller

Articles

Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married ...


Beyond Voluntary Corporate Social Responsibility: Corporate Human Rights Obligations To Prevent Disasters And To Provide Temporary Emergency Relief, Anastasia Telesetsky Jan 2015

Beyond Voluntary Corporate Social Responsibility: Corporate Human Rights Obligations To Prevent Disasters And To Provide Temporary Emergency Relief, Anastasia Telesetsky

Articles

Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created by a company or located on company property. This Article queries whether there are obligations for corporations to act under international human rights law to prevent disasters where corporations have control over known hazards such as tailings dams or chemical dumps. This Article concludes that corporations have a legal duty to act in order to support and protect human rights whenever there is corporate knowledge of hazards that ...


Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon Jan 2015

Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon

Articles

No abstract provided.


Community Land Trusts And Local Government Affordable Housing Policies, Stephen R. Miller Jan 2015

Community Land Trusts And Local Government Affordable Housing Policies, Stephen R. Miller

Articles

No abstract provided.


Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel Jan 2015

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

Articles

No abstract provided.


On Law-Breaking And Law's Legitimacy, Aliza Plener Cover Jan 2015

On Law-Breaking And Law's Legitimacy, Aliza Plener Cover

Articles

No abstract provided.


Community Rights And The Municipal Police Power, Stephen R. Miller Jan 2015

Community Rights And The Municipal Police Power, Stephen R. Miller

Articles

No abstract provided.


A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller Jan 2015

A Coordinated Approach To Food Safety And Land Use Law At The Urban Fringe, Stephen R. Miller

Articles

No abstract provided.


Medicaid Planning For Long-Term Care: California Style, John A. Miller Jan 2015

Medicaid Planning For Long-Term Care: California Style, John A. Miller

Articles

No abstract provided.


The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel Jan 2015

The Impact Of Obergefell: Tradition Marriage's New Lease On Life, David Pimentel

Articles

The Supreme Court's decision in Obergefell v. Hodges in June 2015 provided a dramatic turn in America's ongoing debate over same-sex marriage. Justice Kennedy's opinion speaks in emotionally evocative terms about the compelling societal and personal significance of marriage, holding that the right to marry is a fundamental right under the Fourteenth Amendment, a right that extends to same-sex couples. Justice Kennedy's rhetoric about the importance of marriage is noteworthy, even curious, given marriage's steady decline over the past 50 years. Just when it seemed that marriage was losing its significance in our society-because marriages ...


Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel Jan 2015

Legal Education As A Rule Of Law Strategy - Problems And Opportunities With U.S.-Based Programs, David Pimentel

Articles

No abstract provided.


Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel Jan 2015

Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel

Articles

No abstract provided.


After Whaling In The Antarctic: Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky Jan 2015

After Whaling In The Antarctic: Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky

Articles

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the centre of a long-standing debate between pro-whaling industry states and whale preservation states that threatens the collapse of the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice (ICJ) Whaling in the Antarctic case and suggests that the ICJ's decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific ...


Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover Jan 2015

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

Articles

In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ ...


After "Whaling In The Antarctic": Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky Jan 2015

After "Whaling In The Antarctic": Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky

Articles

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the center of a long-standing debate between pro-whaling industry States and whale preservationist States that threatens to collapse the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice Whaling in the Antarctic case and suggests that the ICJ’s decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific Committee’s ...