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Articles 1111 - 1140 of 10557
Full-Text Articles in Law
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
Duke Journal of Comparative & International Law
No abstract provided.
Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash
University of Miami Inter-American Law Review
No abstract provided.
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandra B. Zellmer, Christine A. Klein
Faculty Law Review Articles
In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a "manmade" disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This Article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Envisioning The Constitution , Thomas P. Crocker
Envisioning The Constitution , Thomas P. Crocker
American University Law Review
If one of the more persistent problems of constitutional interpretation, particularly of the Bill of Rights, is that we lack a clear view of it, then it would appear that how we see the Constitution is as important as how we read it. What clauses we see as connected in order to form comprehensive values, such as federalism or rights protections, are not so much products of constitutional interpretation as constitutional vision. To obtain a view of the Constitution, we have to do more than derive semantic meaning from diverse articles and clauses. To have a vision of the Constitution …
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate
American University Law Review
No abstract provided.
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald
Dalhousie Law Journal
A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
Dalhousie Law Journal
The authors examine key provisions of the Accord Acts and the experience with them to date, and make comparisons with other jurisdictions. They address regulatory issues, such as the resource conservation powers of the Boards, the relationship between the Boards and other agencies, and the relative success of regulation streamlining efforts. Finally,they consider exploration and development matters and commercial issues such as flow-testing of exploration wells, benefits, royalty agreements, Board guidelines, disclosure of information, and conditions or requirements attached by the Boards to authorizations.
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Faculty Scholarship
The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …
Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo
Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo
University of Dayton Law Review
No abstract provided.
A Prescription To Retire The Rhetoric Of "Principles-Based Systems" In Corporate Law, Securities Regulation, And Accounting, Lawrence A. Cunningham
A Prescription To Retire The Rhetoric Of "Principles-Based Systems" In Corporate Law, Securities Regulation, And Accounting, Lawrence A. Cunningham
Vanderbilt Law Review
This Article corrects widespread misconception about whether complex regulatory systems can be described fairly as either "rules-based" or "principles-based" (also called "standards-based'). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. Users show an increasing habit of celebrating systems dubbed principles-based and scorning those called rules-based. While the concepts of rules and principles (or standards) are useful to classify individual provisions, they are not scalable to the level of complex regulatory systems. The Article uses examples from corporate law, securities regulation, and accounting to illustrate this problematic phenomenon. To describe or design systems …
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Ruling Out The Rule Of Law, Kim Forde-Mazrui
Vanderbilt Law Review
Although criminal justice scholars continue to debate the overall value of the void-for-vagueness doctrine, broad consensus prevails that requiring crimes to be defined in specific terms reduces law enforcement discretion. A few scholars have questioned this assumption, but the conventional view remains dominant. This Article intends to resolve the question whether the void-for-vagueness doctrine really reduces police discretion. It focuses on traffic enforcement, a context in which laws are both specific and subject to discretionary enforcement. The Article concludes that specific rules do not constrain discretion unless judicial limits are placed either on the scope of activities that may be …
The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak
The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak
Vanderbilt Law Review
In today's technologically advanced world, video-sharing Internet sites ("VSIs"), such as Grouper.com, Bolt.com, and YouTube.com, provide free, unfettered access to clips of your favorite television shows and artistic performances, from Animaniacs to ZZ Top. With movie clips viewed over 100 million times each day, YouTube is the behemoth of these sites5-a major accomplishment considering the site entered the video-sharing market in May 2005. Two friends, Steve S. Chen and Chad Hurly, created YouTube after they experienced difficulty posting a video online. Taking advantage of online blogging's popularity, the two distinguished their site by coupling quick and easy video posting with …
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Dalhousie Law Journal
The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant
Dalhousie Law Journal
EnCana is proposing to develop the second gas producing project in the Scotian Shelf, the Deep Panuke Project. The author examines modifications to the Project from that initially proposed in 2002, the use of the previously approved Comprehensive Study Report, and the procedure for public review and approval. The author will also discuss major issues identified during the public hearing, held before a member of the NEB and the Commissioner appointed by the C-NSOPB, including EnCana's alternative options for carrying out the project, consultation with the Aboriginal communities, Canada-Nova Scotia benefits matters, consultation and engagement with the fishing industry, and …
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Endless Emergency: The Case Of Egypt, Sadiq Reza
Endless Emergency: The Case Of Egypt, Sadiq Reza
Faculty Scholarship
The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature of everyday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework of emergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions …
Reflections On Remedies And Philip Morris V. Williams, Keith N. Hylton
Reflections On Remedies And Philip Morris V. Williams, Keith N. Hylton
Faculty Scholarship
This essay is a series of reflections on the implications of Philip Morris for the tort reform movement, a movement for which I share considerable sympathy. First, I offer an ideal approach to punitive damages-based on my amicus brief in Philip Morris-and apply that approach to the case. I make an effort to find a middle ground between the positions of the plaintiff and defendant because, in any case that reaches the Supreme Court, one will find persuasive arguments to be made on both sides. That middle ground involves largely returning to the Supreme Court's pre-Gore treatment of punitive …
A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick
A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick
Duke Law Journal
Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of Booker. The Note develops the history of both Rule 32(h) and the Booker decision, analyzes changes and suggested amendments to Rule 32(h), and concludes that the conflict between Rule 32(h) and Booker can be easily resolved with slight alterations to the language of Rule 32(h).
Title Vii’S Protection Against Pay Discrimination: The Impact Of Ledbetter V. Goodyear Tire & Rubber Co., Deborah L. Brake, Joanna L. Grossman
Title Vii’S Protection Against Pay Discrimination: The Impact Of Ledbetter V. Goodyear Tire & Rubber Co., Deborah L. Brake, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
In one of its most controversial decisions in years, the Supreme Court in May issued a 5-4 ruling in Ledbetter v. Goodyear Tire & Rubber Co. that severely undercuts the ability of pay discrimination victims to enforce their rights under Title VII, the main federal anti-employment-discrimination statute. In its decision, the Court applied the statute of limitations in a way that ignored the realities of both pay discrimination claims, specifically, and workplace bias more generally. In so doing, it imposed an obstacle that will gravely inhibit the ability of bona fide discrimination victims to assert their rights. This article will …
Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen
University of Miami Inter-American Law Review
No abstract provided.
Preserving Civil Liberties In An Age Of Global Terror: International Perspectives, Arthur Chaskalson
Preserving Civil Liberties In An Age Of Global Terror: International Perspectives, Arthur Chaskalson
Cardozo Law Review
No abstract provided.
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Cardozo Law Review
No abstract provided.
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Cardozo Law Review
No abstract provided.
Table Of Contents - Cardozo Law Review, Volume 29, Issue 1
Table Of Contents - Cardozo Law Review, Volume 29, Issue 1
Cardozo Law Review
No abstract provided.
Response To Reviewers, Philip Heymann
Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe
Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe
Cardozo Law Review
No abstract provided.
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
Terrorism And The State: Limits Of Self-Protection (The Parameters Of Internet (Runet) Regulation), A. N. Medushevsky
Terrorism And The State: Limits Of Self-Protection (The Parameters Of Internet (Runet) Regulation), A. N. Medushevsky
Cardozo Law Review
No abstract provided.