Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (3)
- Property Law and Real Estate (2)
- Bioethics and Medical Ethics (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
-
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Disability Law (1)
- Elder Law (1)
- Environmental Sciences (1)
- Forest Management (1)
- Forest Sciences (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Insurance Law (1)
- Land Use Law (1)
- Life Sciences (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Medicine and Health Sciences (1)
- Natural Resource Economics (1)
- Natural Resources Law (1)
- Natural Resources Management and Policy (1)
- Natural Resources and Conservation (1)
- Physical Sciences and Mathematics (1)
- Public Administration (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Recreation, Parks and Tourism Administration (1)
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Slides: Palmetto-Peartree Preserve: Community Forestry In Eastern North Carolina, Mikki Sager
Slides: Palmetto-Peartree Preserve: Community Forestry In Eastern North Carolina, Mikki Sager
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Mikki Sager, Palmetto-Peartree Preserve, NC
17 slides
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Constructing Reality: Social Science And Race Cases, Beverly I. Moran
Northern Illinois University Law Review
"Constructing Reality: Social Science and Race Cases" was the keynote address for the 2004 Northern Illinois University Law Review Symposium on the future of affirmative action after the Michigan affirmative action case known as Grutter v. Bollinger. The essay looks at the use of social science in the amicus briefs before the Supreme Court in that case. The author points out that social sciences were used in almost all the amicus briefs to either attack or defend affirmative action. This insight leads the author to argue that, because judges bring their understandings of the world into their decision making, lawyers …
The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio
The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio
History and Social Sciences Faculty Journal Articles
In the last few years, a growing number of individuals whose basic rights are violated have filed transnational human rights claims in foreign countries. By placing the individual as a holder of basic rights at the core of the process of development, the capability approach, as put forward by Amartya Sen and Martha Nussbaum, provides a fertile theoretical framework to assess translational human rights litigation.
The paper shows that transnational claims are problematic in two regards:
1) They undermine development by discouraging foreign companies from investing in countries that are sources of transnational claims and by weakening local governments and …
A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown
A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown
Law Faculty Publications
For more than a century, conservation easements have been used in the United States to maintain open space or protect the environment. Such easements produce a public good. They increase the amount of protected landscapes by preserving property encumbered by easements from private development or consumption while simultaneously allowing grantors the flexibility to negotiate the retention of development rights tailored to meet the grantors' needs. My thesis is that private parties should have a common law property interest in conservation easements sufficient to confer standing to seek injunctive relief to enforce conservation easements and to sue for damages when they …
From Martin Luther King To Bill Cosby: Race And Class In The Twenty-First Century, James Forman Jr.
From Martin Luther King To Bill Cosby: Race And Class In The Twenty-First Century, James Forman Jr.
Villanova Law Review
No abstract provided.
Discrimination Against The Unhealthy In Health Insurance, Mary Crossley
Discrimination Against The Unhealthy In Health Insurance, Mary Crossley
Articles
As employers seek to contain their health care costs and politicians create coverage mechanisms to promote individual empowerment, people with health problems increasingly are forced to shoulder the load of their own medical costs. The trend towards consumerism in health coverage shifts not simply costs, but also insurance risk, to individual insureds, and the results may be particularly dire for people in poor health. This Article describes a growing body of research showing that unhealthy people can be expected disproportionately to pay the price for consumerism, not only in dollars, but in preventable disease and disability as well. In short, …