Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

State Antidiscrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jared S. Gonzalez Oct 2007

State Antidiscrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jared S. Gonzalez

South Carolina Law Review

No abstract provided.


In The Global Market For Justice: Who Is Paying The Highest Price For Judicial Independence?, Kelly J. Varsho Jul 2007

In The Global Market For Justice: Who Is Paying The Highest Price For Judicial Independence?, Kelly J. Varsho

Northern Illinois University Law Review

Although states have continued to adapt their selection systems, as long as they rely on some form of election, the contests will continue to get nastier, nosier, and costlier, showing the need for reform. This comment surveys foreign countries, and their judicial selection systems, as alternatives to the current selection methods utilized by the states. After laying a foundation by defining independence, impartiality, and their intersection with accountability, the paper examines the current selection methods used by the states and the various regulations in place concerning judicial selection. The problems caused by judicial elections and their proposed solutions are also …


Slides: Forests And Grasslands, Federico Cheever Jun 2007

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides


The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy Jun 2007

The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

11 pages.

Includes bibliographical references

"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)

"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)


Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation Jun 2007

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …


The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass Jun 2007

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"


Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman Jan 2007

Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson Jan 2007

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …


Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman Jan 2007

Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Puzzle Of Complete Preemption, Gil Seinfeld Jan 2007

The Puzzle Of Complete Preemption, Gil Seinfeld

Articles

Part I introduces the central themes in the law of federal question jurisdiction. It describes the prevailing interpretations of the constitutional and statutory texts governing the federal courts' jurisdiction to adjudicate disputes involving questions of federal law, and it explores the reasons for the establishment of such jurisdiction. This Part also introduces the well-pleaded complaint rule and examines the reasons for its adoption by the Supreme Court. Part II provides a detailed account of complete preemption doctrine, under which parties are permitted to usher state-law claims into the federal courts despite the apparent absence of any federal question on the …