Law Commons^™

Agrarian Reform And Philippine Political Development Agrarian Reform And Philippine Political Development, Frede G. Moreno, Susana Evangelista Leones

Frede G Moreno

Landownership problem and control of resources remains as a political development issue in the Philippines. Agrarian reform is a necessary condition for agricultural modernization and rural industrialization and the fundamental mooring for global competition. Agrarian Reform has contributed to improvement of the socio-economic conditions of landless farmers and political development of the Philippines in terms of engaging the landless in the process of policy making and distribution of large private landholdings to the landless. Modalities giving peasants a stake in society such as decisive role in agrarian legislations, engaging them in dialogue to resolve agrarian cases, presenting manifesto pinpointing their …

Contesting The Merits Of Aquaculture Development: Port Stephens Pearls Pty Ltd V Minister For Infrastructure And Planning [2005] Nswlec 426, Warwick Gullett

Warwick Gullett

Australia's aquaculture industry has grown rapidly since the mid-1990s. It has become the fastest growing industry in the primary sector and is a valuable contributor to development in regional areas. However, there is increasing community concern about the potential environmental impacts of aquaculture. Concerns vary enormously depending on the type of aquaculture activities but they typically include habitat modification, marine floor degradation, diminished water quality, disease, translocation of aquatic organisms, cumulative impacts and, particularly in highly populated coastal stretches (such as in New South Wales ('NSW')), effects on amenity values. The challenge is to develop an approval process for aquaculture …

The Secret Of Growth Is Financing Secrets: Corporate Law And Growth Economics, Robert D. Cooter, Hans Bernd Schaefer

Robert Cooter

Innovative businesses unite capital and new ideas, which requires overcoming the double trust dilemma -- investors fear losing their wealth and innovators fear losing their ideas. To overcome this dilemma, 17th century spice traders invented the joint stock company with an essential feature of modern corporations: entitlements to marketable shares of future profits. Using the corporate form, innovative business ventures can often be organized so that innovators expect to earn more from their share of profits than from stealing the investors’ money, and investors expect to earn more by preserving the company’s secrets than disseminating them. The corporation thus provides …

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis

Hope Lewis

This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an …

Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Proper coordination of transport and public facilities provision is vital to any balanced regional development strategy. The central aim of this study, therefore, is to find out what the relationship is between access to the transport network and the provision of functional indices of facility occurrence towards the distribution of social services in Lagos Island, Nigeria. In particular it seeks to find out areas that have below or above average level of facility occurrences relative to the level of accessibility. However, a pair wise correlation matrix of the eleven (11) variables employed in the index construction was carried out. The …

Is The Wto Quietly Fading Away? The New Regionalism And Global Trade Rules, Stephen Powell, Trisha Low

Stephen Joseph Powell

While scholars and governments alike view the liberalization of international trade as a positive development, they disagree on the medium to accomplish this objective with the highest economic returns. Some experts believe that multilateralism through the 150+ Member World Trade Organization (WTO) is the only way to achieve truly open and efficient trade. Others view multilateralism as but an aspiration and find that regionalism offers the only viable prospect for the meaningful further opening of markets.

In light of what we label New Regionalism, our paper explores in detail the positive and negative effects of regional trade arrangements (RTAs). In …

Eminent Domain In The Wake Of The Kelo Decision, Matthew J. Rogers

Honors Theses

The controversial Supreme Court decision, Kelo v. The City of New London, allowed a local government to utilize eminent domain to transfer land from one private entity to another in order to enhance economic development. In response, state governments rushed to pass legislation in order to curtail the use of eminent domain. State governments, however, struggled to pass meaningful eminent domain legislation, since many powerful forces, such as major corporations, stood in their way. Opponents of eminent domain claim that the politically weakest in our society, namely the poor and racial minorities, are saddled with the resulting hardship emanating from …

Slides: Planning Tools: Wildlife Mitigation Plan (Wmp), Comprehensive Drilling Plan (Cdp), Geographic Area Plan (Gap), Ginny Brannon

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Ginny Brannon, Colorado Department of Natural Resources

7 slides

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides

Slides: Collaborative Planning And Lessons Learned, Matt Sura

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Matt Sura, University of Colorado Law School

48 slides

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Beverly McQueary Smith

No abstract provided.

How Securities Regulation Really Works: A Comparative Study Of The Regulatory, Principled, And Normative Reputational Approaches To Securities Regulation, Amy Aiq

Amy Wall

This paper compares international securities regulation through the lens of a structural and historical analysis. The regulatory, principled and normative reputational models of securities regulation as exemplified by the U.S., U.K. and China are discussed. A discussion of the foundations of securities markets lays the groundwork for understanding different underlying purposes of securities regulation. The paper follows the development of securities markets from the roots of the 17th century European trading companies, through the statist polices that created the bond markets, to the transatlantic crossing and the development of the investment banking system and creation of governmental agencies enforcing securities …

Economic And Social Rights: The Role Of Courts In China, Randall Peerenboom

San Diego International Law Journal

This Article considers what the role of the courts could and should be in implementing ESR in China. Part II surveys recent global developments giving greater bite to economic and social rights, as well as some of the main controversies, debates, and approaches to promoting, protecting, and fulfilling ESR, with particular attention to the role of the courts. Part III provides a general introduction to the social, legal, political, and economic context in China, and contrasts the situation in China with South Africa?one of the global leaders in judicial implementation of ESR. The overall environment in China is, if not …

Creating A Plug-In Electric Vehicle Industry Cluster In Michigan: Prospects And Policy Options, Thomas P. Lyon, Russell A. Baruffi Jr.

Michigan Telecommunications & Technology Law Review

This Article seeks to examine how policy can be used strategically to foster the development of a plug-in electric vehicle ("PEV") industry cluster in Michigan. The tendency for certain industries to localize in particular regions has captured the interest of much economic research and policy discussion in recent years. The trend toward the clustering of new industries has stayed strong despite the acceleration of globalization. Attention to clusters has proven to be an enduring theme in economic development circles for nearly thirty years. Clusters generate synergies that make industrial activity greater than the sum of contributions by individual players. In …

The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss

Michigan Telecommunications & Technology Law Review

Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …

Redressing Grievances And Complaints Regarding Basic Service Delivery, Varun Gauri

Varun Gauri

Redress procedures are important for basic fairness. In addition, they can help address principal-agent problems in the implementation of social policies and provide information to policy makers regarding policy design. To function effectively, a system of redress requires a well-designed and inter-linked supply of redress procedures as well as, especially if rights consciousness is not well-developed in a society, a set of organizations that stimulate and aggregate demand for redress. On the supply side, this paper identifies three kinds of redress procedures: administrative venues within government agencies, independent institutions outside government departments, and courts. On the demand side, the key …

Ending Corruption In Africa Through United Nations Inspections, Stuart S. Yeh

Stuart S Yeh

Evidence suggests that a lack of effective checks and balances against corruption undermines the rule of law, the protection of human rights, and economic growth in sub-Saharan Africa. This article suggests the need for an international treaty to establish an African Commission Against Corruption, involving United Nations inspectors to investigate and prosecute corruption. A range of evidence is reviewed suggesting that pressure from constituents as well as international organizations may be effective in compelling African leaders to sign this type of protocol.

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Human Papillomavirus (HPV) infection has been linked with cervical cancer. Some medical professionals see it as the determining causal agent and therefore promote vaccination as an effective prevention strategy. However, the biological plausibility of a causal theory requires that the incidence of the causal agent varies with the incidence and mortality of the disease. Yet the incidence and mortality of cervical cancer do not vary with the incidence of infection with HPV strains 16 and 18; the strains covered by the HPV vaccine. Though HPV infection is a necessary precursor to most cervical cancer, most high-risk HPV infections (with one …

The Scourge Of Occupation, Christina Cerna

Human Rights & Human Welfare

“Haiti’s Blame Game” suggests that Haitians are wondering why they should bother voting when it is unclear that their government is running the country. The anger of the Haitians, according to the author, is focused on MINUSTAH, the UN mission that was created in 2004 to stabilize Haiti and to coordinate the work of the different UN agencies active in the country.¹ Some Haitians perceive MINUSTAH to be an occupying force, but is it really, and who is running the country?

The Development Of Local Government In Australia, Focusing On Nsw: From Road Builder To Planning Agency To Servant Of The State Government And Developmentalism, Andrew H. Kelly

Faculty of Law - Papers (Archive)

This paper follows the legal and functional advancement of local government in NSW, Australia by examining three historical stages. It commences with its nineteenth century vestiges, moving on to compulsory incorporation and the gradual changes to modern but diverse individual councils. Issues include financial scarcity, the traditional property-based stranglehold and the burgeoning sheer power of the State Government in the planning sector.

Sports.Comm: It Takes A Village To Build A Sports Facility, Martin J. Greenberg, Dennis Hughes, Jr.

Marquette Sports Law Review

None

Deconstructing Cedaw’S Article 14: Naming And Explaining Rural Difference, Lisa Pruitt

Lisa R Pruitt

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the first human rights instrument to recognize explicitly rural-urban difference. It does so by enumerating specific rights for rural women in Article 14 and also by mentioning their needs in relation to Article 10 on education. In this Essay, I examine the Convention’s Travaux Préparatoires to better understand the forces and considerations that led to the inclusion of Article 14 and its recognition of rural people and places. I also assess Article 14’s particular mandates in light of both that drafting history and CEDAW’s other provisions, …

Creating The Law Of Environmentally Sustainable Economic Development, John Dernbach

John C. Dernbach

This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand sustainable development unless we understand what development means. While that term is reasonably well understood at the international level, our closest analogue in the United States is not development in general but rather economic development. A great many recently enacted laws that move the United States toward sustainability can be understood as economic development laws. By understanding these …

Human Rights And Development For India's Rural Remnant: A Capabilities-Based Assessment, Lisa Pruitt

Lisa R Pruitt

The cachet that India currently enjoys on the world stage is linked largely to the booming high-tech and service economies associated with its megacities. Yet in terms of sheer numbers, India is not an urban nation. About a third of India’s population lives in urban areas, though that figure is rising quickly. One projection indicates that thirty-one villagers will continue to show up in an Indian city every minute over the next forty-three years — 700 million people in all.

Lack of sustainable development in rural areas is a major force behind the massive rural-to-urban migration across Asia. An enormous …

Cedaw And Rural Development: Empowering Women With Law From The Top Down, Activism From The Bottom Up, Lisa R. Pruitt

Lisa R Pruitt

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is one of the most widely ratified human rights treaties in history, yet many view it as a failure in terms of what it has achieved for women. In spite of the lack of a meaningful enforcement mechanism and various other shortcomings, however, CEDAW has inspired feminist activism around the world and helped raise women’s legal consciousness. While CEDAW itself is widely viewed as a product of feminist activism in the international arena, this essay explores the Convention’s role as a source of — and tool for …