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Articles 961 - 990 of 11698
Full-Text Articles in Law
Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel
Buffalo Environmental Law Journal
This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Reconsidering The Use Of Forced Pooling For Shale Gas Development, Lindsey Trachtenberg
Buffalo Environmental Law Journal
Hydrocarbons can be produced more efficiently ihen neighboring landowners work in cooperation, rather than in competition. Yet market failures often make it difficult for landovners and the well operators iwith whi om they contract to reach agreements for the cooperative development of hy drocarbon reservoirs. Therefore, some states have enacted forced pooling provisions, vhich allow states to compel cooperative development under certain criteria. While forced pooling is generally acceptable for traditional oil and gas resources, state legislatures and regulators should reassess their forced pooling provisions as they are applied to shale gas resources. Based on the unique characteristics of shale …
Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin
Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin
Justice Policy
Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Cornell Journal of Law and Public Policy
No abstract provided.
Radicalism And The Modern State: A Critique Of Republican Nostalgia, William E. Forbath
Radicalism And The Modern State: A Critique Of Republican Nostalgia, William E. Forbath
Cornell Journal of Law and Public Policy
No abstract provided.
Lost Causes: Comment On Aziz Rana, The Two Faces Of American Freedom, Nancy L. Rosenblum
Lost Causes: Comment On Aziz Rana, The Two Faces Of American Freedom, Nancy L. Rosenblum
Cornell Journal of Law and Public Policy
No abstract provided.
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki
Cornell Journal of Law and Public Policy
No abstract provided.
A Parent’S Apparent Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber
A Parent’S Apparent Authority: Why Intergenerational Coresidence Requires A Reassessment Of Parental Consent To Search Adult Children’S Bedrooms, Hillary B. Farber
Cornell Journal of Law and Public Policy
No abstract provided.
The Forgotten Employee Benefit Crisis: Multiemployer Benefit Plans On The Brink, Paul M. Secunda
The Forgotten Employee Benefit Crisis: Multiemployer Benefit Plans On The Brink, Paul M. Secunda
Cornell Journal of Law and Public Policy
No abstract provided.
Comments On Aziz Rana, The Two Faces Of American Freedom, Richard Bensel
Comments On Aziz Rana, The Two Faces Of American Freedom, Richard Bensel
Cornell Journal of Law and Public Policy
No abstract provided.
The Two Faces Of American Freedom: A Reply, Aziz Rana
The Two Faces Of American Freedom: A Reply, Aziz Rana
Cornell Journal of Law and Public Policy
No abstract provided.
Capture In Financial Regulation: Can We Channel It Toward The Common Good, Lawrence G. Baxter
Capture In Financial Regulation: Can We Channel It Toward The Common Good, Lawrence G. Baxter
Cornell Journal of Law and Public Policy
No abstract provided.
In The Federal Government We Trust - Federal Funding For Tribal Water Rights Settlements And The Taos Pueblo Indian Water Rights Settlement Act, Erin B. Agee
Cornell Journal of Law and Public Policy
No abstract provided.
Gamestopped: Vernor V. Autodesk And The Future Of Resale, Charles Lopresto
Gamestopped: Vernor V. Autodesk And The Future Of Resale, Charles Lopresto
Cornell Journal of Law and Public Policy
No abstract provided.
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Faculty Scholarship
Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2011).
Ninth Circuit Unmasks Anonymous Internet Users And Lowers The Bar For Disclosure Of Online Speakers, Mallory Allen
Ninth Circuit Unmasks Anonymous Internet Users And Lowers The Bar For Disclosure Of Online Speakers, Mallory Allen
Washington Journal of Law, Technology & Arts
There is no judicial consensus about what test to apply when plaintiffs attempt to obtain the identity of an anonymous Internet user during discovery in an online defamation case. In July 2010, the Ninth Circuit became the first federal appeals court to devise an articulable test to determine when a plaintiff may compel disclosure of an online commentator. Previously, federal courts had applied inconsistent balancing tests to determine whether disclosure was appropriate. In In re Anonymous Online Speakers, the Ninth Circuit relied upon the Delaware state-court standard from Doe v. Cahill but applied this test in a way that …
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
Padilla V. Kentucky: A New Chapter In Supreme Court Jurisprudence On Whether Deportation Constitutes Punishment For Lawful Permanent Residents?, Anita Maddali
American University Law Review
No abstract provided.
Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler
Employee Rights And The Food Safety Modernization Act: Opening Keynote, William Marler
Labor & Employment Law Forum
This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=49b34600-ffa6-412c-a0da-e61e47d040f. The event was co-sponsored by the Washington College of Law and The Government Accountability Project.
Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson
Unsolicited Internal Complaints: The False Sense Of Protection Against Anti-Retaliation Provided By Section 510 Of Erisa, Tiffany Peterson
Labor & Employment Law Forum
No abstract provided.
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Notre Dame Journal of International & Comparative Law
There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos
UNLV Gaming Law Journal
In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
Connecticut Public Interest Law Journal
Vol. 11, No. 1
People First: The Cuban Travel Ban, Wet Foot-Dry Foot And Why The Executive Branch Can And Should Begin Normalizing Cuba Policy, Jarrett Barrios
People First: The Cuban Travel Ban, Wet Foot-Dry Foot And Why The Executive Branch Can And Should Begin Normalizing Cuba Policy, Jarrett Barrios
Connecticut Public Interest Law Journal
No abstract provided.
“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney
“We’D Love To Match Them, But…”: How Temporary Employment Agencies Understand And Use Race And Ethnicity, Meghan M. Sweeney
Connecticut Public Interest Law Journal
No abstract provided.
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Criminal Law’S Tribalism, Molly Townes O'Brien
Criminal Law’S Tribalism, Molly Townes O'Brien
Connecticut Public Interest Law Journal
No abstract provided.
The "Illegal" Tax, Francine J. Lipman
The "Illegal" Tax, Francine J. Lipman
Connecticut Public Interest Law Journal
No abstract provided.
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Courts Resisting Courts: Lessons From The Inter-American Court’S Struggle To Enforce Human Rights, Alexandra Huneeus
Cornell International Law Journal
Courts Resisting Courts explores a critical tension in international law: the relationship between international and national courts. Leading theorists assume that autonomous national courts heighten compliance with international human rights regimes. This article challenges this orthodoxy. It focuses on the Inter-American Court of Human Rights, an international court unique in that it orders far-reaching, innovative remedies that invoke action not only by the State's executive, but also the legislature and local courts. Original data reveals that national courts, more than any other branch of government, shirk the Court's rulings. This article turns this insight into a prescription for gaining greater …
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew Strauss
Cornell International Law Journal
The International Court of Justice the global system's oldest and most venerable tribunal has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's most powerful …