Law Commons^™

The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley

Scholarly Works

This Article discusses the place of administrative agencies under the Georgia Constitution. The rules of the Georgia Supreme Court on these issues, like the comparable rulings from the U.S. Supreme Court, make excellent reading for anyone interested in Georgia law, government, politics, and history. Most of the decisions surveyed in this Article are correct, but not necessarily for the reasons given by the Georgia Supreme Court. Some of the opinions offer comprehensive treatises on sections of the Georgia Constitution and aspects of administrative law, while others reach conclusions without much explanation. Some results are at odds with prior decisions that …

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries., Michael Pease, Olen Paul Matthews

Geography Faculty Scholarship

Increasing competition for scarce water resources should lead to a re-examination of constraints on water reallocation. Some constraints are "spatial" in nature and reduce the areal extent of reallocation processes. Interstate compacts are an example. Proponents of state protectionism look on compacts as a permanent allocation of water between states. A willing seller is not allowed to sell their water to a willing buyer in another state. On the other hand, the U.S. Constitution's Commerce Clause was designed to create an economic union that includes all states and all citizens. State attempts at economic protectionism through export bans are generally …

No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert

Publications and Research

Increasingly, public and private employers are utilizing human tracking devices to monitor employee movement and conduct. Due to the propensity of American labor law to give greater weight toemployer property interests over most employee privacy expectations, there are currently few limitations on the use of human tracking in employment. The scope and nature of current legal principles regarding individual privacy are not sufficient to respond to the rapid development and use of human tracking technology. The academic use of the phrase “geoslavery” to describe the abusive use of such technology underscores its power. This article examines the use of such …

Why Constitutional Rights Litigation Should Not Follow The Flag, Julian Ku

Hofstra Law Faculty Scholarship

No abstract provided.

Richmond Law Magazine: Summer 2006

Richmond Law Magazine

Features:

Righting Wrongs

Family Values

Blogs

The Mediators

Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson

Osgoode Hall Law Journal

This article discusses, in light of the European experience concerning harmonization of unfair commercial practices law, the impact of social, cultural, and linguistic variations on the possibility of harmonizing or transplanting rules on commercial communications to consumers. Empirical research on national variations in consumers' responses to advertising and other marketing is used to create a typology of cases in which cultural factors should be taken into account when assessing a commercial practice from a consumer point of view. Differences between countries with regard to consumers' trust, understandings, rationality patterns, decision-making behaviour, values, and preferences are discussed as relevant cases. The …

A New Era In The Selection Of Supreme Court Judges?, Jacob Ziegel

Osgoode Hall Law Journal

No abstract provided.

Separation Of Church And State In The United States: Lost In Translation, Carol J. Greenhouse

Indiana Journal of Global Legal Studies

In this article, the absence of an American equivalent to the French word laĭcité becomes an ethnographic opening to an exploration of the church-state divide in the U.S. context. Drawing on classic social theory, sociological accounts, and current events, I suggest that the constitutional separation of church and state-in addition to whatever it may mean in legal terms-also expresses a cultural proposition. Specifically, the separation of church and state posits a dual role for local communities as both the source of federal power (through representative government) and the foundation of its moral authority. The latter role can be sustained only …

Challenges For Private Sector Conservation: Sanderson's The Future Of Conservation In Tierra Del Fuego, Julia Amrock

Indiana Journal of Global Legal Studies

To date, global protection of biodiversity has been largely dominated by governmental actors. Ecosystems transcending state boundaries find themselves at the mercy of international agreements, for better or for worse. Steven Sanderson of the Wildlife Conservation Society (WCS) suggested for worse in The Future of Conservation, but he gave hope for more effective environmental conservation, if the private sector could gain more standing globally. The plan that Sanderson created for self-assertion of nongovernmental environmental groups describes approaches typically endorsed not by NGOs but by governments: global alliances, political strategy, human-centered conservation, and economic development. This Note isolates the current use …

Foreign Direct Investment Success In Ireland: Can Poland Duplicate Ireland's Economic Success Based On Foreign Direct Investment Policies?, Michael Mikiciuk

University of Miami International and Comparative Law Review

No abstract provided.

Response - Jay Katz: From Harms To Risks, Larry I. Palmer

Faculty Publications

No abstract provided.

Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph

Osgoode Hall Law Journal

It can be argued that the exercise of solo dissent on the Supreme Court of Canada is judicial disagreement at its apex-a single judge sitting on the highest court in the nation breaking away from his or her colleagues who have purportedly "gotten it wrong." By examining the practice of solo dissent in the Supreme Court of Canada over the last three decades, this research note provides insight into this unique form of judicial disagreement. Through construction of a typology of solo dissents, and by providing answers to important questions, such as how often judges render solo dissents and whether …

The Roberts Court: Year 1, Lori A. Ringhand

Scholarly Works

This paper is an empirical analysis of the Supreme Court's recently-ended 2005 term, including an examination of the issues raised by, and the ideological direction of, the decisions issued by the Court. In addition to reviewing the work of the Court as a whole, the paper also separately examines the jurisprudence of new Justices Roberts and Alito. In doing so, it raises the possibility that these justices may have more in common with each other than with the Court's more established conservative members. The paper also demonstrates that the Court, pursuant to one of Justice Roberts' frequently stated goals, was …

Freedom Of The City: Canadian Cities And The Quest For Governmental Status, Ron Levi, Mariana Valverde

Osgoode Hall Law Journal

Until recently, Canadian cities were limited to the legal powers explicitly prescribed by provinces (the U.S.-based Dillon's Rule). Despite much talk about a "new deal for cities," recent changes to municipal legislation do little to empower municipalities to define and govern local problems, although courts appear somewhat willing to expand the scope of cities' authority. Through two case studies involving the City of Toronto, we demonstrate that even after the overhaul of provincial municipal acts, cities still lack the necessary legal tools and the legal flexibility to respond to pressing urban needs.

Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson

Osgoode Hall Law Journal

No abstract provided.

Bridging The Divide? The European Court Of First Instance Judgment In Ge/Honeywell, George S. Georgiev

Articles

No abstract provided.

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …

The Temporal Dimension Of Voting Rights, Adam B. Cox

Public Law and Legal Theory Working Papers

No abstract provided.

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby

Natural Resources Journal

No abstract provided.

The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia

Natural Resources Journal

No abstract provided.

A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett

Natural Resources Journal

No abstract provided.

Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder

University of Miami Law Review

No abstract provided.

Dworkin In The Desert Of The Real, David Gray Carlson

University of Miami Law Review

No abstract provided.

Making Lemonade: A New Approach To Evaluating Evolution Disclaimers Under The Establishment Clause, Louis J. Virelli Iii

University of Miami Law Review

No abstract provided.

Precious, Worthless, Or Immeasurable: The Value And Ethic Of Water, Gabriel Eckstein

Faculty Scholarship

This Article introduces and briefly explores some of the topics related to the value and ethics of water that were considered at the symposium, Precious, Worthless, or Immeasurable: The Value and Ethic of Water, which took place November 2-4, 2006, at the Texas Tech University School of Law. The purpose of the Symposium was to consider how this precious liquid is valued, assessed, and perceived with regard to law and regulations, economics and commerce, people and communities, culture and religion, and others aspects of society that are impacted by water. While far from a comprehensive analysis of the subject matter, …

The Constitutional Right Not To Cooperate - Local Sovereignty And The Federal Immigration Power, Huyen Pham

Faculty Scholarship

This article examines an important but up to now, still unexplored area in the federalism debate: May the federal government require local governments to cooperate with the enforcement of immigration law or other federal scheme? Or may local governments constitutionally refuse to provide that cooperation?

I use immigration law enforcement as a case study to argue that the current legal framework, which allows the federal government to mandate local cooperation, ignores the significant federalism harms that federal cooperation laws impose. And these federalism harms are not simply limited to the immigration field. In other areas where federal and local governments …

A History Of Miranda And Why It Remains Vital Today, Roscoe C. Howard Jr, Lisa A. Rich

Faculty Scholarship

Custodial interrogations and how they are conducted in light of Miranda and its progeny are an integral part of the American criminal justice process and a necessary tool for criminal law enforcement, not merely a source of catchy phrases for today's popular television shows, for a very simple reason: The warnings set the ground rules for custodial interrogations and ensure that the interrogator and suspect are on a level playing field. A review of the case law surrounding the Miranda decision reveals that Miranda is a case that has encapsulated the nation's beliefs and, while subject to the ebbs and …

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.

Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone

Faculty Publications

No abstract provided.