Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Ag-Gag Free Detroit, Shaakirrah R. Sanders Oct 2016

Ag-Gag Free Detroit, Shaakirrah R. Sanders

Articles

No abstract provided.


Local Official And Climate Change, Stephen R. Miller Oct 2016

Local Official And Climate Change, Stephen R. Miller

Articles

It is well-known that land use patterns can affect climate change—particularly the relation between land use development and transportation infrastructure. Yet even the most aggressive efforts to address climate change have largely ignored land use. This disconnect was noted in the Intergovernmental Panel on Climate Change’s most recent series of reports, collectively known as the Fifth Assessment Report (AR5). This Article, adapted from Chapter 5 of Contemporary Issues in Climate Change Law & Policy (ELI Press 2016), seeks to make insights into land use development from the AR5 more readily accessible to the U.S. local official, with emphasis ...


Price Impact Possibilities, Wendy Gerwick Couture Oct 2016

Price Impact Possibilities, Wendy Gerwick Couture

Articles

No abstract provided.


College Of Law Committed To Native Law Program, Mark Adams Oct 2016

College Of Law Committed To Native Law Program, Mark Adams

Articles

No abstract provided.


Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely Oct 2016

Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely

Articles

The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications “where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise.” The Supreme Court, in what has ...


Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel Jan 2016

Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel

Articles

No abstract provided.


Medicaid Planning In Idaho, John A. Miller Jan 2016

Medicaid Planning In Idaho, John A. Miller

Articles

No abstract provided.


Climate Change Insurance And Disasters: Is The Shenzen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky Jan 2016

Climate Change Insurance And Disasters: Is The Shenzen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky

Articles

As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores its strengths and weaknesses as a model for adaptation to climate change. This Article concludes with proposals for reducing risk within mega-cities and pooling risk among them.


Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens Jan 2016

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western ...


The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens Jan 2016

The Columbia River Treaty: An Opportunity For Modernization Of Basin Governance, Barbara Cosens

Articles

No abstract provided.


Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel Jan 2016

Balancing Judicial Independence And Accountability In A Transitional State: The Case Of Thailand, David Pimentel

Articles

Balancing judicial independence against judicial accountability is a classic problem, but the debate has often taken place without reference to specific legal cultures and traditions, and there is compelling reason to believe that the “right” balance may be different in different societies. Thailand is in transition, so the models of established Western democracies may be ill-suited to the problems and issues of the Thai judiciary. Moreover, independence and accountability are not ends in themselves, but means to the same end: that of fair, impartial, and effective justice. Independence can help, primarily by bolstering the “judicial courage” exercised by judges called ...


First Principles For Regulating The Sharing Economy, Stephen R. Miller Jan 2016

First Principles For Regulating The Sharing Economy, Stephen R. Miller

Articles

This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the short-term rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes ...


Decentralized, Disruptive, And On Demand: Opportunities For Local Government In The Sharing Economy, Stephen R. Miller Jan 2016

Decentralized, Disruptive, And On Demand: Opportunities For Local Government In The Sharing Economy, Stephen R. Miller

Articles

No abstract provided.


Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky Jan 2016

Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky

Articles

International Disaster Law (IDL) and International Environmental Law (JEL) have developed as two separate subsets of public international law. IDL has until recently focused largely on developing effective disaster relief laws, while JEL has focused on addressing long-term transboundary environmental crises. This Article argues that the connection between the two legal regimes has been undervalued. Using the ecological case study of excess nutrients (e.g., nitrogen and phosphorus), this Article posits that almost forty years of international legal efforts have failed to reverse the current trend of increasing coastal "dead zones" due to the existence of a form of "bystander ...


The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders Jan 2016

The Value Of Confrontation As A Felony Sentencing Right, Shaakirrah R. Sanders

Articles

No abstract provided.


Financing Local Food Factories, Stephen R. Miller Jan 2016

Financing Local Food Factories, Stephen R. Miller

Articles

No abstract provided.


Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders Jan 2016

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders

Articles

In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to ...


Chair Message, Anastasia Telesetsky Jan 2016

Chair Message, Anastasia Telesetsky

Articles

No abstract provided.


Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, Stephen R. Miller Jan 2016

Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, Stephen R. Miller

Articles

No abstract provided.


Predicting Utah V. Streiff's Civil Rights Impact, Katherine Macfarlane Jan 2016

Predicting Utah V. Streiff's Civil Rights Impact, Katherine Macfarlane

Articles

No abstract provided.


Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane Jan 2016

Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane

Articles

Prisoners bring over twenty percent of the civil cases filed in federal district courts, predominantly seeking redress for violations of their civil rights, or release from prison under habeas corpus. Because most prisoners (around ninety-three percent) proceed pro se in their federal civil litigation, they are already at a disadvantage. The deck is stacked against prisoner plaintiffs in other systemic ways. Local rules, general orders, and even district courts’ job postings suggest that when a plaintiff is a pro se prisoner the plaintiff is denied an Article III judge. Judicial tasks that must be performed in prisoners’ cases, from administration ...


Fulfilling The Human Right To Food And A Healthy Environment: Is It Time For An Agroecological And Aquaecological Evolution?, Anastasia Telesetsky Jan 2016

Fulfilling The Human Right To Food And A Healthy Environment: Is It Time For An Agroecological And Aquaecological Evolution?, Anastasia Telesetsky

Articles

No abstract provided.


Planning For Wildfire In The Wildland-Urban Interface, Stephen R. Miller Jan 2016

Planning For Wildfire In The Wildland-Urban Interface, Stephen R. Miller

Articles

No abstract provided.


Entity Exit: Rights, Remedies, And Bounded Rationality, Mark Anderson Jan 2016

Entity Exit: Rights, Remedies, And Bounded Rationality, Mark Anderson

Articles

No abstract provided.


First Principles For Regulating The Sharing Economy, Stephen R. Miller Jan 2016

First Principles For Regulating The Sharing Economy, Stephen R. Miller

Articles

This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the shortterm rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes ...


Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover Jan 2016

Eighth Amendment's Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Articles

The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and distorts its Eighth Amendment analysis.

This Article presents ...


Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens Jan 2016

Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.