Law Commons^™

What I Have Learned From The Reactions To My Books, Michael Crichton

Chicago-Kent Law Review

No abstract provided.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Chicago-Kent Law Review

Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …

Series Limited Liability Companies: A Possible Solution To Multiple Llcs, Sandra Mertens

Chicago-Kent Law Review

Although series LLCs are now over eleven years old, they remain mainly theoretical. Only seven states to date have enacted statutes authorizing series LLCs, and the drafters of the recent Revised Uniform Limited Liability Company Act considered and rejected provisions creating series LLCs. Many practicing attorneys continue to use multiple LLCs where a series LLC may be appropriate. This Note examines the general characteristics of series LLCs and state legislation authorizing them, the uncertain state and unanswered questions surrounding this new entity form, and the recent developments in case law and usage of series LLCs. Finally, this Note recommends that …

Slides: Linking Growth, Land Use And Water, Jim Holway

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Jim Holway, Global Institute of Sustainability, Civil and Environmental Engineering, Arizona Water Institute, Arizona State University

29 slides

Environmental Justice And Domestic Climate Change Policy, Alice Kaswan

Alice Kaswan

This article argues that, except in California, environmental justice considerations have not received sufficient attention in climate change policy debates. It explores the environmental justice implications of emerging domestic climate change policies and provides policymakers with specific suggestions on how to integrate environmental justice concerns. The article begins by introducing the environmental justice movement and its central principles, and then explores the limited integration of environmental justice concerns in existing climate change policies.

The article then clarifies existing debates about the environmental implications of greenhouse gas cap and trade programs by providing a detailed assessment of their distributional benefits and …

The Lt. Governor Encourages Lawyers To Take Advantage Of State Resources To Aid Ohio's Economic Development, Lee Fisher

Law Faculty Articles and Essays

For the last several months, my colleagues and I at the Ohio Department of Development have been focused on the formation of a statewide economic development strategy that will establish our priorities and guide our future decisions. Ultimately this strategy will serve as an economic development plan for Ohio that will be led primarily by the Ohio Department of Development, along with the Governor's office and other state agencies and departments. With full implementation, our strategic plan will not only guide Ohio's long-term investments, but will also help guide our daily decisions.

From New London To Norwood: A Year In The Life Of Eminent Domain, Andrew S. Han

Duke Law Journal

A little more than a year after the U.S. Supreme Court's decision in Kelo v. City of New London upheld the use of eminent domain for economic development, the Ohio Supreme Court became the first state supreme court to address a factual situation raising the same issues. In City of Norwood v. Horney, the Ohio court repudiated the Kelo rationale and rejected Norwood's proposed takings. Property rights advocates quickly hailed Norwood as a model for other state courts to follow in defending individual land owners from eminent domain abuse. This Note argues that Norwood's holding is incoherent and does nothing …

Are De Jure Labor Laws Absolute? Formal Manufacturing In India, Gurmeet Singh Ghumman

Dissertations and Theses Collection (Open Access)

We investigate the view that de facto labor market conditions are important in evaluating the effects of labor institutions in developing countries where enactment does not necessarily imply enforcement. Using India as a case study we empirically investigate the effects of labor markets on the organized manufacturing sector from 1970 to 1997. Recognizing that the state can intervene in the outcome of labor disputes we construct a measure to proxy the degree of the state legislature's prejudice towards pro-worker causes. We argue that leftist and communist political parties can interfere in the resolution of disputes in favor of workers through …

China's "Ding Zi Hu", U.S.'S Kelo And Singapore's En-Bloc Process: A New Model For Economic Development Eminent Domain From A Giving's Perspective, Jianlin Chen

Jianlin Chen

This paper engages in a comparative study of the controversial exercise of economic development eminent domain by private developers in China, US and Singapore from a givings perspective. Such eminent domain has attracted substantial academic discussions in the U.S. and China but they have all missed a crucial aspect of the issue by merely focusing on the takings aspect. As dictated by the givings jurisprudence, it is only through ensuring that the private developers are not unjustly enriched by the eminent domain that the rent-seeking behavior and abuse can be nipped in the bud. Here, a new model based on …

The Politics Of Economic Development Takings, Ilya Somin

Case Western Reserve Law Review

No abstract provided.

Regional Economies And The Constitutional Imperative Of Eminent Domain, Steven S. Kaufman

Case Western Reserve Law Review

No abstract provided.

The Chinese Takings Law From A Comparative Perspective, Chenglin Liu

Faculty Articles

When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes when …

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky

Case Western Reserve Law Review

No abstract provided.

Improving Native American Access To Federal Funding For Economic Development Through Partnerships With Rural Communities, Joanna M. Wagner

American Indian Law Review

No abstract provided.

The Developer’S Decision Calculus: An Agent-Based Model Of Commercial Development, Mirya R. Holman, Travis Coan

Mirya R Holman

While considerable research has been devoted to understanding the impact local regulatory environments on housing development, few studies have examined the implications of land-use regulations for commercial development. The paucity of studies is unfortunate given that commercial development often provides municipalities with considerable economic benefits (e.g., employment) and a crucial source of tax revenue. This study presents a formal model of the commercial development process that explicitly incorporates the dynamic interaction of commercial developers and local cities. Specifically, we construct an agent-based model (ABM) of the commercial development process that represents some key features of the development process. We form …