Law Commons^™

Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.

Christina M. Cerna On The Un International Criminal Tribunals, The Former Yugoslavia, Rwanda And Sierra Leone By William A. Schabas. New York, Cambridge University Press, 2006. 711 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The UN International Criminal Tribunals, The former Yugoslavia, Rwanda and Sierra Leone by William A. Schabas. New York, Cambridge University Press, 2006. 711 pp.

Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock

Washington Law Review

"[H]istory reveals not merely that change is real but also that change is various. All change is not the same, nor are all changes equal. Some changes are cyclical, some are not. Some changes are linear, others are not. Some changes take an afternoon to accomplish, some a millennium. We can no more take any particular kind of change as absolutely normative than we can take any particular state of equilibrium as normative .... The challenge is to determine which changes are in our enlightened self-interest and are consistent with our most rigorous ethical reasoning, always remembering our inescapable dependency …

From Stratton To Uscop: Environmental Law Floundering At Sea, Donna R. Christie

Washington Law Review

No abstract provided.

Justice Kennedy And The Environment: Property, States' Rights, And A Persistent Search For Nexus, Michael C. Blumm, Sherry L. Bosse

Washington Law Review

Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in both. Kennedy has in fact been the needle of the Supreme Court's environmental law compass since his nomination in 1988. Although he wrote surprisingly few environmental law opinions over his first eighteen years on the Court, Kennedy was in the majority …

Ain't Nothing Like The Real Thing: Enforcing Land Use Restrictions On Land And Water Conservation Fund Parks, Michael J. Gelardi

Washington Law Review

Congress created the Land and Water Conservation Fund (LWCF) in 1965 to provide resources for states and federal agencies to acquire and develop land for public outdoor recreation. Over the past forty years, the LWCF has quietly become one of the most successful conservation programs in United States history. The federal government and states have used the LWCF to preserve unique landscapes for their natural beauty, scientific value, and wildlife habitat, as well as to encourage traditional recreational pursuits. The LWCF Act prohibits the conversion of LWCF-funded state and local parks to uses other than public outdoor recreation unless approved …

Piecemeal Delisting: Designating Distinct Population Segments For The Purpose Of Delisting Gray Wolf Populations Is Arbitrary And Capricious, Nicole M. Tadano

Washington Law Review

The Endangered Species Act (ESA) protects species that are in danger of extinction "throughout all or a significant portion of its range." After thirty-three years of protection by the ESA, the gray wolf is gradually recovering from the brink of extinction. Pressure to remove protections for existing gray wolf populations has mounted as human interests have increasingly conflicted with the gray wolfs resurgence. Most courts have defined the phrase "significant portion of its range" in the ESA to mean the historical range of a species. This interpretation is consistent with the legislative history of the ESA and the historical listing …

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

Faculty Scholarship

No abstract provided.

The Complex Climate Change Incentives Of China And The United States, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

It is increasingly clear that the world would be better off with an international agreement to control greenhouse gas emissions. What remains poorly understood is that the likely costs and benefits of emissions controls are highly variable across nations. Most important, prominent projection suggest that the world’s leading emitters--the United States and China—have weak incentives to participate in an agreement that would be optimal from the standpoint of the world. The first problem is that any significant emissions effort would probably be exceedingly expensive for both nations. The second problem is that on prominent projections, the United States and China …

Ensuring The Domestic Violence Victim A Means Of Communication: Why Passing Legislation That Criminalizes Impairing Another's Communication Is The Next Logical Step In Combating Domestic Violence, Dennis Feeney Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Editorial Board - Vol. 32, No. 1 2007

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

12th Annual Sandra Day O'Connor Medal Of Honor Judge Reena Raggi, Recipient November 2, 2006

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Beauty And The Beast Within: On The Special Nature Of Natural World Law, Oliver A. Houck

Washington Law Review

We are here to celebrate Professor Rodgers and his life in environmental law. As it happens, they grew up together. The new notion of environmental protection gave Bill the chance of his lifetime, to which he returned his full energies, ideas, and writings. In a world of failed relationships, this one was a howling success. Although we have not seen each other more than twice in forty years, I feel a kinship with Bill that seems particularly close. The link is not simply our ages, nor our passion for environmental law, nor even the activism in which both of us …

Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus

Washington Law Review

Dealing with uncertainty is widely recognized as the key challenge for environmental and natural resource decisionmaking. Too often, though, that challenge is considered only from an ex ante perspective which treats uncertainty as an invariant feature that must be accounted for but cannot be changed. With respect to many natural resource management decisions, that picture is misleading. Decisions are often iterative or similar, providing significant opportunities for leaming. Where such opportunities are available and inaction is not feasible or desirable, learning while doing can provide the benefits of both the precautionary principle and scientific decisionmaking while minimizing the key weaknesses …

Teaching Environmental Law In The Era Of Climate Change: A Few Whats, Whys, And Hows, Michael Robinson-Dorn

Washington Law Review

One of our key objectives at this celebration has been to explore the future of environmental law. To continue the exploration, I've chosen to address not an area of environmental law or environmental practice, but rather the teaching of environmental law. I hope to provoke the dialogue toward answering fundamental questions about what we should teach, why we should teach it, and how we should go about that task. It is an effort that I hope will engage not only the usual suspects for such pieces, a few fellow teachers and the watchful eye of a student law review editor, …

Land Use Regulation: The Weak Link In Environmental Protection, A. Dan Tarlock

Washington Law Review

Professor William Rodgers is one of the handful of legal academics who have shaped and influenced environmental law since it was created out of whole cloth in the late 1960s. The staggering quantity, quality, breadth, and creativity of his scholarship are perhaps unrivaled among his peers. It is easy to criticize the gap between the environmental problems that society faces and the inadequate legal tools and institutions that we have created to confront them. Professor Rodgers has always been able to see both the deep flaws in environmental law and the possibilities for more responsive legal regimes.

Reflections Of A Community Lawyer, Luz E. Herrera

Faculty Scholarship

In May 2002, I opened a law office in one of the most underserved communities in Los Angeles County. Many questioned the sanity of such a career path when evaluating my financial stability and the personal toll that such a career path can exact. Given that I graduated from some of the best universities in the country, my friends, family, and strangers were even more perplexed at my choice. I cannot say that my decision to build a law practice in Compton, California, has been easy. However, time and time again, I found myself rejecting more secure and prestigious job …

Defining International Criminal Law, Beth Van Schaack, Ron Slye

Faculty Publications

This work is an introductory chapter for a forthcoming book on Understanding International Criminal Law to be published by Aspen Publishers as part of Aspen's Essentials series. This chapter presents a succinct definition of international criminal law (ICL), situating it within the fields of public international law, transnational law, international human rights, and international humanitarian law. Additional chapters in the text will address the history of ICL, the sources of ICL, the major international crimes and defenses, and ICL reasoning and rhetoric. Publication is expected in 2007 for adoption in 2008.

Political Gerrymandering After Lulac V. Perry: Considering Political Science For Legislative Action, William J. Phelan Iv

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Global Online Freedom Act: A Critique Of Its Objectives, Methods, And Ultimate Effectiveness Combating American Businesses That Facilitate Internet Censorship In The People's Republic Of China, William J. Cannici Jr.

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Golfing On Green Acres: Is The Acquisition Of Golf Courses An Appropriate Means Of Preserving Open Space In New Jersey?, Shannon Carroll

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Doomsday Suction: Disaster Management In The Age Of Homeland Security, Thomas Nosewicz

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Opening Remarks, Olivier Moreteau

Louisiana Law Review

No abstract provided.

Mixed Legal Systems... And The Myth Of Pure Laws, Vernon Valentine Palmer

Louisiana Law Review

No abstract provided.

When Is The Use Of Foreign Law Possible? A Hard Case: The Protection Of Privacy In Europe And The United States, James Gordley

Louisiana Law Review

No abstract provided.

Development Of A New Legal System In The People's Republic Of China, Volker Behr

Louisiana Law Review

No abstract provided.

Murky Waters: Courts Should Hold That The "Any-Progress-Is-Sufficient-Progress" Approach To Tmdl Development Under Section 303(D) Of The Clean Water Act Is Arbitrary And Capricious, Kelly Seaburg

Washington Law Review

Congress enacted the 1972 Amendments to the Clean Water Act (CWA) to combat water pollution stemming from both discrete and diffuse sources. Section 303(d) of the CWA reduces both types of pollution by requiring each state to promulgate "total maximum daily loads" (TMDLs) of pollutants for all waters that are unable to meet water quality standards. A TMDL is the maximum amount of a pollutant that can be discharged from all combined sources into a given body of water if that water is going to comply with water quality standards. Although section 303(d) required states to promulgate TMDLs by 1979, …

Bullshitting The People: The Criminal Procedure Implications Of A Scatalogical Term, Andrew E. Taslitz

School of Law Faculty Publications

When, if ever, is it appropriate for the police to lie to members of the American People about their constitutional rights, mislead them about the rights' content, fail to mention them at all, or discourage their exercise? This paper seeks to answer that question by drawing on the philosophical literature on the nature and social value (or harm) of bullshit and on psychological research relevant to the same concept to craft what is ultimate a political position on the question.

Preventing False Confessions: Is Oickle Up To The Task?, Dale R. Ives

San Diego Law Review

In R. v. Oickle, the Supreme Court of Canada expressly stated that the Canadian confessions rule "should recognize which interrogation techniques commonly produce false confessions so as to avoid miscarriages of justice." As a result, the Court reformulated the traditional confessions rule in an attempt to better protect against false confessions. An obvious question is whether the Court succeeded in attaining this goal. An examination of the reformulated rule indicates that, viewed in the abstract and measured against the current state of knowledge on false confessions, the modern rule does offer considerable protection to innocent persons, but it also has …

Truth, Justice, And The American Dilemma, Robert Batey

San Diego Law Review

McCleskey v. Kemp is without doubt a memorable case. Professor David C. Baldus and his colleagues, Charles A. Pulaski and George Woodworth, had produced a detailed statistical study of the operation of the death penalty in Georgia showing, in the words of the Supreme Court, that "black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty." McCleskey used this study to challenge his capital sentence under both the Equal Protection and Cruel and Unusual Punishment Clauses. Like any statistical proof, the Baldus study had been challenged on methodological grounds. The Supreme Court …