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Articles 61 - 90 of 11717
Full-Text Articles in Law
December 20, 2011: Religious Revival In China, Bruce Ledewitz
December 20, 2011: Religious Revival In China, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religious Revival in China“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Brigham Young University International Law & Management Review
No abstract provided.
Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
2011 Law Commencement, Nova Southeastern University
2011 Law Commencement, Nova Southeastern University
NSU Commencement Programs
No abstract provided.
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
Addressing Global Climate Change In An Age Of Political Climate Change, Brigham Daniels
BYU Law Review
For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal case of Massachusetts v. EPA, it appeared that those advocating this strategy had a winning game plan. That sense grew and solidified when the Obama Administration came to power. However, over the past several years, we have seen a countervailing movement embodied in a growing resentment towards EPA and climate change policy in general. This movement has mobilized into a powerful …
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
Environmental Crisis And The Paradox Of Organizing, Gregg P. Macey
BYU Law Review
Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public organizations in the blowout of the Macondo well in the Gulf of Mexico. Its theoretical lens is the “paradox of organizing,” a frame that I suggest should be applied to interorganizational responses to low-probability, high-consequence events. The struggle to differentiate tasks and subunits and then piece them together during moments of …
Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun
Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun
BYU Law Review
One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the …
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
BYU Law Review
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
Reconstituting Land-Use Federalism To Address Transitory And Perpetual Disasters: The Bimodal Federalism Framework, Blake Hudson
BYU Law Review
Scholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising disaster risks and costs are associated with “land-use planning that exacerbates, rather than mitigates, disaster risk,” a more holistic analysis of land-use-related disaster law and policy is needed. This Article provides a more comprehensive framework within which to analyze prospective mitigation or prevention of disaster risk and costs through a rebalancing—or reconstituting—of the respective roles of the federal and state governments in land-use planning. The federal government does not …
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
BYU Law Review
No abstract provided.
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
BYU Law Review
The Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications of offshore oil extraction. It also, as this Article explores, makes natural resource damages a decisively inadequate remedy for the injuries done to the Gulf of Mexico’s (the “Gulf”) ecosystems, especially the poorly understood but highly productive ecosystems that exist almost a mile below the surface. This Article argues that our current natural resource damages regimes for oil …
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
BYU Law Review
No abstract provided.
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
Adaptive Mitigation In The Electric Power Sector, Lesley K. Mcallister
BYU Law Review
No abstract provided.
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
BYU Law Review
No abstract provided.
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
BYU Law Review
No abstract provided.
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
Unexplained Fractures In Infants And Child Abuse: The Case For Requiring Bone-Density Testing Before Convicting Caretakers, Matt Seeley
BYU Law Review
No abstract provided.
December 16, 2011: Christopher Hitchens R.I.P., Bruce Ledewitz
December 16, 2011: Christopher Hitchens R.I.P., Bruce Ledewitz
Hallowed Secularism
Blog post, “Christopher Hitchens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Trademark Dilution And Corporate Personhood, Stacey Dogan
Trademark Dilution And Corporate Personhood, Stacey Dogan
Shorter Faculty Works
It’s become almost passé to decry our federal trademark dilution laws. The laws – first passed in 1995 and amended in 2006 – protect “famous trademarks” against uses that are likely to dilute their distinctiveness, without regard to any confusion among consumers or competition between the parties. Early critics warned that passage of the anti-dilution statute marked a turning point in trademark law: by giving famous trademark holders rights against even non-confusing uses of their marks, the law created “property”-like rights in trademarks. The initial commentary on the statute focused mainly on the costs associated with this increasingly absolutist approach …
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
Mahurin Honors College Capstone Experience/Thesis Projects
This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …
Tribe V. Read Head, 2011c-4448-4450 (Blkft. Tr. Ct. App., Dec. 16, 2011), Blackfeet Appellate Court
Tribe V. Read Head, 2011c-4448-4450 (Blkft. Tr. Ct. App., Dec. 16, 2011), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court considered a petition for a Writ of Habeas Corpus and considered whether un-arraigned defendants can be held longer than 72 hours. The Court ruled that prolonged incarceration without proper court order violated the defendants due process rights. The Case is dismissed and the defendant is ordered released.
A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu
A Decade After 9/11, Ignorance Persists, Dawinder S. Sidhu
Faculty Scholarship
While our soldiers do their job in Iraq and elsewhere, we as members of this society possess our own solemn responsibility to eradicate ignorance and discrimination, and extend social acceptance and respect to all Americans – irrespective of skin color or ethnic origin.
United States Department Of Commerce Scientific Integrity Policy
United States Department Of Commerce Scientific Integrity Policy
Copyright, Fair Use, Scholarly Communication, etc.
US DOC SIP
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Challenging Notions Of U.S. Citizenship: The Contributions Of Mexican Americans, Tracy E. Kirby
Master's Theses
The United States has always been a nation of immigrants, in which the idea of “citizenship” has had very strong intrinsic values, and has divided those who “have it” from those who “don’t,” since the first legal construction of such categories in 1790. Longstanding contradictions, characterized by ceremonies awarding citizenship to some and laws of exclusion, deportation, and forced removal for others, have embodied U.S. approaches to citizenship, and created a dichotomy between “citizen” and “alien.” This Master's Thesis will initiate a discussion and reformulation of what it means to be a citizen in the United States, and more importantly …
Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez
Amici Curiae Brief On Behalf Of The Fred T. Korematsu Center For Law And Equality, The Latina/O Bar Association Of Washington, And The Loren Miller Bar Association, In Support Of Petitioner, Robert S. Chang, Lorraine K. Bannai, Robert C. Boruchowitz, David A. Perez
Fred T. Korematsu Center for Law and Equality
No abstract provided.
Cityland – Vol. 8, No. 11, Center For New York City Law
Cityland – Vol. 8, No. 11, Center For New York City Law
CityLand - 2011
This issue of CityLand covers key land use and policy developments in New York City as of December 2011. The City Council debated an amended version of the Fair Wages for New Yorkers Act, narrowing its scope and duration. The Council approved the creation of the Special 4th Avenue Enhanced Commercial District in Brooklyn and the Admirals Row Plaza project at the Brooklyn Navy Yard, which includes retail, manufacturing, and historic preservation components. New local laws were enacted to formalize public consultation and reporting requirements for Department of Transportation street projects. The City Planning Commission approved the Borough Hall Skyscraper …
Raina J. Two Lance V. Wanda Brave Mccauley, Frank Pommersheim
Raina J. Two Lance V. Wanda Brave Mccauley, Frank Pommersheim
Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim
No abstract provided.
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen
Nevada Supreme Court Summaries
An appeal of a district court order denying a motion for a change of venue in a tort action.
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.