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Articles 1 - 8 of 8
Full-Text Articles in Law
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler
President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler
Faculty Publications
Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation …
Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac
Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac
Faculty Publications
The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for expanded …
Domestic Violence And Gender Equality: Recognition, Remedy, And (Possible) Retrenchment, Jennifer Wriggins
Domestic Violence And Gender Equality: Recognition, Remedy, And (Possible) Retrenchment, Jennifer Wriggins
Faculty Publications
This paper is based on the author's presentation at the gender equality symposium. Professor Wriggins connects domestic violence and gender equality before tuming to some significant reforms of the U.S. legal system concerning domestic violence-all of them relatively recent. Moving on, she discusses her reflections on the 12 year law practice that informs her expertise before becoming a law professor and also her long involvement in the movement for LGBTQ equality. Drawing on that experience, Professor Wriggins shares firsthand views of some of the consequences of not having legal protections. Outlining some of the shortcomings and critiques of the reforms, …
Context, Integration And The Big Three Questions: An Approach To Teaching Transactional Law, Andrew M. Kaufman
Context, Integration And The Big Three Questions: An Approach To Teaching Transactional Law, Andrew M. Kaufman
Faculty Publications
I have been mentoring fledgling transactional lawyers in both law
school and law firm settings for a long time. Over the years, I have
recognized that the most significant challenge to their development and
success usually is not their mastery of the substantive laws and regulations
applicable to their transactions. Rather, most often their biggest hurdle is
their lack of transactional context. Without context for the material being
studied or applied, appropriately integrated into the transaction being
examined, the student or young lawyer is easily lost in a morass of
confusion and left to struggle with any number of issues, …
The "Publicization" Of Private Space, Sarah B. Schindler
The "Publicization" Of Private Space, Sarah B. Schindler
Faculty Publications
Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a …
Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway
Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway
Faculty Publications
Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …
Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler
Food Federalism: States, Local Governments, And The Fight For Food Sovereignty, Sarah B. Schindler
Faculty Publications
Recently, a number of states have sought to withdraw or restrain local power. In this Article, which is part of the “Re-Thinking State Relevance” symposium hosted by the Ohio State Law Journal, I write about a state taking the opposite approach, and attempting to affirmatively endow its local governments with additional powers. The state is Maine, and the context is control over local food production and sales. This Article begins by addressing the emergence of the sustainable local foods movement broadly, and reasons for the growth of this movement. It then focuses more pointedly on the food sovereignty movement, considering …
Environmens Rea, Anthony Moffa
Environmens Rea, Anthony Moffa
Faculty Publications
Many policymakers remain blind to the moral implications of environmental harm caused by government action (or inaction) and have not adequately considered how criminal law deals with similar immoral behavior in other contexts. Building from Lisa Heinzerling’s thought-provoking essay Knowing Killing and Environmental Law, this article considers the possibility of criminal culpability for environmental policy decisions and the implications of that potential culpability for decision-making and communication. It builds from the premise that morality and law universally condemn the knowing killing of other human beings. It matters not that the identities of the dead are unknown. What matters from the …