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Articles 31 - 60 of 175

Full-Text Articles in Law

Camouflaging State Biosimilar Laws As Pro-Patient Legislation, Katherine Macfarlane Jul 2017

Camouflaging State Biosimilar Laws As Pro-Patient Legislation, Katherine Macfarlane

Articles

No abstract provided.


Reviews And Reflections On Planned Communities, Stephen R. Miller Jul 2017

Reviews And Reflections On Planned Communities, Stephen R. Miller

Articles

No abstract provided.


Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel Jul 2017

Forfeitures And The Eighth Amendment: A Practical Approach To The Excessive Fines Clause As A Check On Government Seizures, David Pimentel

Articles

No abstract provided.


Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel Apr 2017

Public Employee Speech: Answering The Unanswered And Related Questions In Lanke V. Franks, John E. Rumel

Articles

No abstract provided.


Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky Jan 2017

Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky

Articles

No abstract provided.


Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens Jan 2017

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate ...


Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture Jan 2017

Glass Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture

Articles

In this Article, I propose a novel approach, which I call the “glass-half-empty” approach, to analyze the appropriate boundaries of securities regulation. This approach assumes a baseline of “full” regulation and then analyzes which regulations should be stripped away because the costs exceed the benefits. This is the opposite of the traditional approach, which assumes a baseline of zero regulation, identifies a market failure, and then weighs the costs and benefits of regulatory intervention.

Although, in theory, the two approaches should reach the same conclusions about the appropriate bounds of securities regulation, the glass-half-empty approach yields new insights because it ...


First Amendment Right To A Remedy, Benjamin Plener Cover Jan 2017

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion requirement ...


Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long Jan 2017

Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long

Articles

No abstract provided.


Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel Jan 2017

Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel

Articles

No abstract provided.


Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller Jan 2017

Airbnb And The Battle Between Internet Exceptionalism And Local Control Of Land Use, Stephen R. Miller

Articles

No abstract provided.


Local Environmental Regulation In The Mountain West, Stephen R. Miller Jan 2017

Local Environmental Regulation In The Mountain West, Stephen R. Miller

Articles

This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are ...


Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson Jan 2017

Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson

Articles

The sharing economy is a new industrial structure that is made possible by instantaneous internet communication and changes in the life, work, and purchasing habits of individual entrepreneurs and consumers. Antitrust law is an economic regulatory scheme dating back to 1890 in the United States that is designed to address centrally controlled concentrations of economic power and the threats that those concentrations pose to consumer interests and economic efficiency. In order to accommodate a modern enterprise structure in which thousands or millions of independent contractors join forces to provide a service by agreement among themselves, antitrust law requires re-envisioning and ...


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel Jan 2017

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Articles

No abstract provided.


Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture Jan 2017

Risk Of Regulatory Arbitrage: A Response To "Securities Regulation In Virtual Space", Wendy Gerwick Couture

Articles

In Securities Regulation in Virtual Space, Eric C. Chaffee explores the potential applicability of the securities laws to virtual transactions based on virtual activity and argues that, although many of these transactions likely qualify as “investment contracts” under S.E.C. v. W.J. Howey Co., they should be excluded under the context clause because, among other reasons, application of the securities laws would stifle creativity within this innovative space. This Response proposes a reframing of the Howey test as a response to the risk of regulatory arbitrage, argues that the context clause should only exclude transactions that do not ...


Hybrid Jury Strikes, Aliza Plener Cover Jan 2017

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak ...


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.