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Articles 1 - 21 of 21

Full-Text Articles in Law

The Appellate Review Model Of Agency Adjudications, Linda Jellum Dec 2011

The Appellate Review Model Of Agency Adjudications, Linda Jellum

Articles

No abstract provided.


Warning: Your Lcc Interest Might Be A Security, Wendy Gerwick Couture Sep 2011

Warning: Your Lcc Interest Might Be A Security, Wendy Gerwick Couture

Articles

No abstract provided.


Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln Jan 2011

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

Articles

No abstract provided.


Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln Jan 2011

Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln

Articles

This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern …


Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel Jan 2011

Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel

Articles

No abstract provided.


Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb Jan 2011

Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb

Articles

No abstract provided.


The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb Jan 2011

The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb

Articles

No abstract provided.


Oklahoma And Beyond: Understanding The Wave Of State Anti-Transnational Law Initiatives, Johanna Kalb Jan 2011

Oklahoma And Beyond: Understanding The Wave Of State Anti-Transnational Law Initiatives, Johanna Kalb

Articles

No abstract provided.


Price Fraud, Wendy Gerwick Couture Jan 2011

Price Fraud, Wendy Gerwick Couture

Articles

No abstract provided.


The Evolutionary Biology Of Fungi And Fraud, Wendy Gerwick Couture Jan 2011

The Evolutionary Biology Of Fungi And Fraud, Wendy Gerwick Couture

Articles

In this Article, the authors-a law professor and a biologist-offer a fresh perspective on the use of broad federal fraud statutes to combat fraud by drawing a comparison with the use of multi-site fungicides to combat plant disease. Multi-site fungicides are effective at preventing the evolution of resistant strains of fungi, but they are subject to increased regulatory scrutiny amid concerns about off-target toxicity. Similarly, broad fraud statutes serve as a stopgap to prevent the evolution of new types of fraud, but they are widely criticized as unduly vague and as interfering with the operation of specific fraud statutes. Biologists' …


Mixed Statements: The Safe Harbor's Rocky Shore, Wendy Gerwick Couture Jan 2011

Mixed Statements: The Safe Harbor's Rocky Shore, Wendy Gerwick Couture

Articles

No abstract provided.


Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel Jan 2011

Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel

Articles

No abstract provided.


Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren Jan 2011

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Articles

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …


Fundamentals Of Wealth Transfer Tax Planning, John A. Miller Jan 2011

Fundamentals Of Wealth Transfer Tax Planning, John A. Miller

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No abstract provided.


Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens Jan 2011

Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens

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No abstract provided.


The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum Jan 2011

The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum

Articles

No abstract provided.


Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum Jan 2011

Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum

Articles

In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the United States Supreme Court held that agencies should determine the meaning of ambiguous statutes. But in the veterans law case Brown v. Gardner, the Supreme Court directed lower courts to resolve interpretive doubt in ambiguous statutes in favor of veterans. Which interpretation controls when a statute is ambiguous-the agency's reasonable interpretation or the veteran's interpretation? To date, none of the courts faced with this conflict have resolved this question clearly or definitively; indeed, the United States Court of Appeals for Veterans Claims recently asked the Supreme Court …


But That Is Absurd! Why Specific Absurdity Undermines Textualism, Linda Jellum Jan 2011

But That Is Absurd! Why Specific Absurdity Undermines Textualism, Linda Jellum

Articles

No abstract provided.


Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens Jan 2011

Sustainable Water Resource Management And Participatory System Dynamics: Case Study: Developing The Palouse Basin Participatory Model, Barbara Cosens

Articles

The complexity of explaining highly scientific information and juggling a plethora of social values is leading agencies and communities such as those in the Palouse Basin to explore the use of participatory modeling processes using system dynamics. Participatory system dynamics as a methodology creates a transparent nexus of science, policy options, social concerns and local knowledge that enhances discussion of issues surrounding the use of natural resources. The process of developing a systems model uses the tenets of scientific theory, hypothesis testing and clear statements of assumptions. A unique aspect of the Palouse basin project is the use of system …


Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel Jan 2011

Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel

Articles

No abstract provided.


Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long Jan 2011

Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long

Articles

No abstract provided.