Law Commons^™

Multilateral Environmental Agreements And The Compliance Continuum, Teall E. Crossen

ExpressO

This paper responds to the observation that despite the high number of multilateral environment agreements (“MEAs”), and relatively high compliance rate, the global commons are continuing to deteriorate. I review the contemporary literature addressing the question: "why nations comply with international law," focusing specifically on MEAs. The competing schools of thought are organized along a "compliance continuum," – bordered at one end by the Chayesian approach advocating managing compliance, and the Downsian view at the other, arguing for enforcement when there are high incentives to defect.

In sum, my conclusions are (1) adequately responding to global environmental problems requires increasing …

The Fcc Under Attack, Kerri Smith

Duke Law & Technology Review

The Federal Communications Commission voted in a contentious three-two split to relax rules limiting ownership of TV stations, radio stations, and newspapers. Among its critics are members of Congress who may pass legislation reinstating the old rules. Others will likely file suit against the FCC in the hopes of overturning the decision. This article will discuss the current debate over media deregulation in light of the recent FCC order. Specifically, this ibrief focuses on concerns over media consolidation in the wake of the 'Clear Channelization' of American radio, and addresses the contrasting depictions of the current media landscape by advocates …

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …

Interview Of The Honorable William Frenzel Conducted By A. Jane Bradley On August 25, 2003, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of the Honorable William "Bill" E. Frenzel, Former U.S. Congressman (R-MN), conducted by A. Jane Bradley on August 25, 2003.

Bridging The “Divide” Between Feminism And Child Protection Using The Discourse Of International Human Rights , Sherrie L. Russell-Brown

ExpressO

“Bridging the Divide” is an essay that addresses the perceived tension or “divide” between feminism and child protection. While, in theory, women’s and children’s rights are not necessarily antithetical, the policies that have been devised (allegedly to preserve and promote those rights) are, at times, at odds. For example, the policy of social services to remove a child from the home of the mother, rather than assist both mother and child by the creation of a better home environment, is certainly at odds with rights of the mother. To simplify the issue greatly, the right of women to have and …

Antitrust And Competition Law Update: Busy Times For U.S. Antitrust Enforcement, Robert Bell, Lee Greenfield, Veronica Kayne, William Kolasky, Jim Lowe, Doug Melamed, Thomas Mueller, Ali Stoeppelwerth

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

The last several weeks have seen a flurry of important developments in antitrust enforcement, with major decisions in one merger and one joint venture case, an important Federal Trade Commission policy statement about disgorgement and restitution remedies, and an announced FTC challenge to a consummated merger. Each of these developments is significant standing alone; collectively, they reflect extremely active Justice Department and FTC antitrust enforcement programs, with the agencies at times adopting more aggressive positions than some might have expected from a Republican administration.

The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights , Ronald C. Slye

ExpressO

This article uses the two amnesties granted by the Cambodian government in 1994 and 1996 to explore two important legal issues raised by amnesties generally: 1) to whom is the amnesty granted; and 2) for how long will the amnesty last.

The first issue addresses the beneficiary question – who is able to take advantage of an amnesty. The most interesting issue raised by the beneficiary question is whether an amnesty should be restricted to either superiors or subordinates. The article discusses this choice in the context of the Cambodian amnesties, other amnesties, and international law, and highlight the moral, …

Answering Brief For The United States - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Narrative Highground: The Failure Of Intervention As A Procedural Device In Affirmative Action Litigation, Danielle R. Holley

ExpressO

No abstract provided.

Tribal Appellees' Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.

Arbitration And Contract: What Are The Law Schools Teaching?, Stephen K. Huber

ExpressO

No abstract provided.

Interview With Emily Richardson Ivory - Oh 663, Emily Richardson Ivory, Emmett Scott High School, Civil Rights, Cecil Augustus Ivory Sr.

Winthrop University Oral History Program

This interview was conducted by Dr. George Garrison with Emily Richardson Ivory (1925-2008). Mrs. Ivory was a native of Charlotte, North Carolina and a longtime elementary school teacher in the Carolinas. After moving to California, Mrs. Ivory retired in 1991 from the Los Angeles Unified School District with 38 years of service. Mrs. Ivory was a member of numerous civic and social organizations and was the widow of Reverend Cecil Augustus Ivory (1921-1961), a prominent civil rights leader and minister at Hermon Presbyterian Church in Rock Hill, South Carolina. Mrs. Ivory discusses her and her husband’s upbringing and life before …

Judge Noonan's J'Accuse . . . !, Brannon P. Denning

ExpressO

This review of John Noonan’s book Narrowing the Nation’s Power: The Supreme Court Sides with the States critically evaluates the evidence Judge Noonan offers in support of his thesis that the Court's recent federalism decisions have done violence to the Constitution, and put Congress's ability to govern effectively at risk. I conclude that while one may quarrel with aspects of the Court's recent approach to federalism questions, the indictment Judge Noonan has penned fails to acknowledge reasonable arguments that contradict his thesis, and that he unfairly suggests that the Court has abandoned good faith legal analysis in favor of political …

Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser

ExpressO

No abstract provided.

“Preemptive War”: Is It Constitutional?, John B. Mitchell

ExpressO

No abstract provided.

Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan

ExpressO

The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

Day 5. Friday, August 15, 2003: Rocky Mountain National Park, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.

Does Counterfactual History Have Any Lessons For Law Teachers And Lawyers? Does It Have Any Value For You, In Particular, In Your Area Of Research Or Teaching?, Arthur R. Landever

Law Faculty Presentations and Testimony

A counterfactual is speculating on the consequences if particular events had not happened as they did. For example, suppose the British had won the American Revolutionary War. What would have been the British policy in North America? As law teachers, lawyers, and perhaps policy makers, counterfactual history has much value for us. Its value, however, clearly depends upon the care we take in choosing a plausible counterfactual assertion, the degree of its breadth or, alternatively, its limited nature, and how we make use of the counterfactual.

Forged Facsimile Signatures And Basic Principles Of The Law Of The Check Collection System, James S. Rogers

ExpressO

No abstract provided.

Http://Www.Companynamesucks.Com: The Horizontal Effect Of Fundamental Rights On Private Parties Within Autonomous Internet Law, Vaios Karavas, Gunther Teubner

ExpressO

Much critique has recently been raised over the role played by ICANN Panels, when they adjudicate disputes over domain names. This article deals with the highly contentious question, whether or not ICANN Panels should or may enforce fundamental rights (e.g. free speech rights) against private parties within the legal order of ICANN, understood by us as semi-autonomous. Our thesis in this regard is that ICANN Panels in fact concretise fundamental rights within Cyberspace on the basis of a fiction. They draw upon the fiction of a "common core" of globally applicable principles of law, which include even human rights. Building …

Day 4. Thursday, August 14, 2003: Hayden Power Plant, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

5 pages (includes color illustrations and maps).

Contains references.

Day 4. Thursday, August 14, 2003: Trapper Mine, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages (includes some color illustrations).

Contains references.

Day 3. Wednesday, August 13, 2003: Oil Shale, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages.

Contains references.

Day 3. Wednesday, August 13, 2003: Travel To Grand Junction, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

5 pages (includes color illustration and map).

Contains references.

Wic Reauthorization: Opportunities For Improving The Nutritional Status Of Women, Infants, And Children, Harriette Fox, Margaret Mcmanus, Harry Schmidt

National Health Policy Forum

This paper examines the main reform issues affecting the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which is coming up for reauthorization this year. The paper provides background information on the WIC program, including its dramatic growth in participation and funding. It also reviews WIC’s link to health care and its impact on health outcomes. A series of considerations for WIC’s future are raised, including food package and program eligibility changes, nutrition education strategies to reduce obesity, financial risks and health consequences of relying on infant formula rebates, and new opportunities for research and demonstration.

Day 3. Wednesday, August 13, 2003: Clifford Duncan, Ute Tribe, Clifford Duncan

Energy Field Tour 2003 (August 11-16)

4 pages.

Contains references.

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.

Day 3. Wednesday, August 13, 2003: Coalbed Methane Development, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

10 pages (includes color illustrations and maps).