Law Commons^™

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Standing In The Way Of Taxpayer Lawsuits: A Call For The Abolition Of The Injury Element In Federa Lstanding Doctrine, Scott Code, Alexander H. Cohen

Alexander H Cohen

For a case or controversy to exist in Article III courts, a plaintiff must have standing. This paper examines the first element of standing, injury, and asks: should a taxpayer’s mental displeasure that the government is using tax dollars in an apparently unconstitutional manner be sufficient to constitute an injury warranting standing? If psychological dismay is not considered an “injury” for purposes of standing, then the elected branches of government are left largely unaccountable and free to violate many constitutional provisions with impunity. This paper argues that psychological injury should suffice to create standing in the federal courts. It considers …

An Appeal To Aesthetics, Dorothy M. Hong

Dorothy M Hong

Aesthetics in modern time that broadens tolerance yet maintains the same criteria for beauty that casts doubts on First Amendment at times.

Is The Prototypical Small Inventor At Risk Of Inadvertently Eliminating Their Traditional One-Year Grace Period Under The America Invents Act?, Eric A. Kelly

Eric A Kelly

This Comment interprets new statutory language appearing in the Leahy-Smith America Invents Act, effective March 16, 2013, regarding what may constitute prior art and how prior art triggers the new one-year grace period. If this interpretation is followed, the vitally necessary grace period will continue to be accessible to inventors, especially small inventors. Specifically, this Comment recommends interpreting “or otherwise available to the public” as a public accessibility condition precedent that must be satisfied in order for public use and on sale events to constitute prior art; which as prior art then triggers the one-year grace period in which to …

Strengthening The Guard: The Use Of Gps Surveillance To Enforce Domestic Violence Protection Orders, Amanda Rhodes

Amanda Rhodes

This essay examines the use of GPS surveillance in enforcing domestic violence protection orders. Part I explores the rationale for using GPS surveillance in domestic violence situations. Part II addresses the primary constitutional concerns associated with GPS monitoring in the domestic violence context. Finally, Part III discusses the effectiveness of GPS surveillance in domestic violence cases.

Such Gaming Causes Trouble: Constitutional And Statutory Confusion With The Indian Gaming Regulatory Act, Jacob Berman

Jacob Berman

This paper argues that two circuits’ interpretations of the Indian Gaming Regulatory Act violate the Tenth Amendment by forcing a Hobson’s choice on state legislators. Since California v. Cabazon Band, Indian tribes have been able to operate commercial gaming establishments with the blessing of the federal judiciary. Immediately after Cabazon, Indian tribes could only offer the same types of gambling that was legal under state law— usually, bingo, lotteries, certain card games, and race tracks. The Indian Gaming Regulatory Act of 1988, intended to codify the Cabazon test, was poorly drafted, and instead upset the applecart. The Second Circuit and …

Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts

Ashton Botts

ABSTRACT This casenote examines the 2012 Maine Supreme Court gestational surrogacy case Nolan v. Labree. This case was uncontested and the Court reached a logical and satisfying conclusion that the intended parents should be named the legal parents of the child in question. In more complex situations, though, the decisions are not so simple. This note examines the legal background of gestational surrogacy cases and state courts’ call to legislatures for guidance in deciding this legal question that becomes more prevalent every day. Courts are sending a clear message that they will not be the ones to decide issues of …

Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts

Ashton Botts

ABSTRACT This casenote examines the 2012 Maine Supreme Court gestational surrogacy case Nolan v. Labree. This case was uncontested and the Court reached a logical and satisfying conclusion that the intended parents should be named the legal parents of the child in question. In more complex situations, though, the decisions are not so simple. This note examines the legal background of gestational surrogacy cases and state courts’ call to legislatures for guidance in deciding this legal question that becomes more prevalent every day. Courts are sending a clear message that they will not be the ones to decide issues of …

Application Of The Ada To Websites: Congress Should Rely On The Standards Created By The World Wide Consortium, Mara'd A. Smith

Mara'D Smith

Congress created the Americans with Disabilities Act (ADA) in 1990 to assure equality of opportunity and independent living to those with physical or mental abilities. Although the roots of the Internet were growing rapidly when Congress passed the ADA, the World Wide Web did not become popular until the mid 1990s. Congress has not yet updated the ADA to clearly cover websites, and the current regulations that ensure access for disabled persons to physical locations do not clearly apply to websites. This paper argues that Congress should rely on the World Wide Web Consortium standards when revising the ADA to …

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Texas Appellate Courts Are Likely To Find Waivers Of Sovereign Immunity Of State Agencies In Anti-Retaliation Claims Under The State Applications Act, Tri T. Truong

Tri T Truong

The State of Texas, its agencies, and political subdivisions enjoy immunity from suit and liability unless the Texas Legislature (“Legislature”) expressly waives immunity. When an anti-retaliation claim is filed against a state agency, that agency does not have the same protection under Texas law to invoke sovereign immunity as does a municipality or other governmental subdivisions, even though the two governmental entities are governed by similar statutes—the State Applications Act (“Act”) and the Political Subdivisions Law (“PSL”), respectively. This paper focuses on four principal cases: Barfield, Fernandez, Norman, and Beltran. In 1995, the Barfield court decided that the election-of-remedies provision …

Statutory Presumption Of Domestic Batterers’ Unfitness As Parents: Lessons From Jordan V. Jordan, Kyle S. Karpowicz

Kyle S Karpowicz

This casenote analyzes the background and consequences 2011 D.C. Appellate Circuit decision of Jordan v. Jordan. This decision affirmed a lower court which found that though a statutory presumption of unfitness on the part of the father due to a finding of domestic violence, the presumption was rebutted and joint custody was awarded. The procedural elements of the statute and the decision are scrutinized, as well as how the decision comports with public policy and the legislative intent behind the statute.

Section 2 As An “Adequate Substitute” For Section 5: Proposing An “Effects-Only” Test As An Amendment To Section 2 Of The Voting Rights Act Of 1965, Bernice M. Bird

Bernice M. Bird

As the U.S. Supreme Court shall finally determine whether Section 5 of the Voting Rights Act of 1965 is unconstitutional next year in Shelby County, Ala. v. Holder, most suppressed minority voters may be left with only Section 2 as a remedy for voting discrimination challenges. However, the federal courts have consistently interpreted Section 2's "results" or "intent" test contrary to the legislative intent of Section 2 in increasing the burden for plaintiffs to demonstrate discriminatory intent of racial bias in enacting election laws. Thus, Section 2 currently serves as an inadequate substitute for redressing voting discrimination should the Supreme …

Does Science Speak Clearly And Fairly In Trade And Food Safety Disputes? Decent Response Of Wto Adjudication To Indecent International Standard-Making, Kuei-Jung Ni

Kuei-Jung Ni

Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer …

.The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

Determining The Fair And Reasonable Value Of Medical Services: The Affordable Care Act, Government Insurers, Private Insurers And Uninsured Patients, George A. Nation Iii

George A Nation III

Hospitals' chargemaster prices are grossly inflated; no one should be required to pay them. Thia article offers a formula to determine the fair and reasonable value of medical services.

The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

Affordable Care Act Changes In The Medicare Program: More Of The Same But Better, Eleaonr D. Kinney

Eleaonr D. Kinney

The Patient Protection and Affordable Care Act (“ACA”), as amended by the Health Care and Education Reconciliation Act of 2010, has made many changes in the Medicare program as part of comprehensive health reform for the US health care sector. This article reviews the changes that ACA is making and will make in the Medicare program in the years to come. Described in detail are the changes to improve the quality and efficiency of Medicare services as well as to improve program integrity and transparency. The article evaluates the past and current efforts of the Medicare program to reduce Medicare …

Planting People, Growing Justice: The Three Pillars Of New Social Justice Lawyering, Artika Renee Tyner

Artika Renee Tyner

This article explores the tools that lawyers can employ to build and sustain social change. These tools add a new dimension to scholarly research in the field by focusing on the role of lawyers as leaders as they seek to influence processes of social change, transform systems, and empower others to lead. This Article draws upon principles of social justice lawyering, which acknowledge that lawyers have a fiduciary duty to create equal justice under the law. It combines these frameworks with leadership theoretical perspectives since there is a dearth of research available on the role of lawyers as leaders in …

Trends In Gun Legislation: The Metamorphosis Of Our Second Amendment Rights, Matthew W. Loeser

Matthew W Loeser

The United States Constitution, and more specifically the amendments to the Constitution, are often erroneously considered to be archaic relics of an earlier time of our country; rules that, despite instilling fundamental rights, are static documents that are frozen in time. This ideology, however, is far from reality. Much like our country, the amendments are in a constant state of flux, ever-changing and evolving to fit the advancements and changing needs of society. Although the wording of these amendments does not change, the way in which they are interpreted does, sometimes quite far from what the framers’ intent may have …

The Chaos Machine: The Wto In A Social Entropy Model Of The World Trading System, David Collins

David Collins

This article applies social entropy theory to international trade law, suggesting that observed shifts in world trading system towards disorder are the consequence of insufficient “energy” inputs in the form of an effective, centralized legal framework. In support of this claim, the article draws attention to recognized and substantive deficiencies in the World Trade Organization (‘WTO’). These include trade round negotiation impasse, the rise of bilateralism, indeterminacy in the treaty texts and inadequate enforcement procedures. These problems represent increasing disorganization, or entropy, in the world trading system, a phenomenon characterized most notably by growing income inequality between states and failure …

Secrets, Secrets Are No Fun! Balancing Patent Law & Trade Secret Law Under The America Invents Act, Stephen J. Elkind

Stephen J Elkind

This Note seeks to understand the tension between trade secrecy law and patent law pointed out by Judge Hand. Further, this Note argues that the recently enacted America Invents Act (“AIA”) overrules the holding from Metallizing Engineering that secret prior commercial use by an inventor before the critical date renders an invention unpatentable. Part I discusses the different incentive structures behind patents and trade secrets. Patent law requires that an invention achieve certain higher standards than trade secret law; and in doing so provides incentivizes for a different sort of invention than trade secret law. For commercial uses that are …

The Economics Of Payment Cards, Marc Rysman, Julian Wright

Marc Rysman

We review the law and economics of payment cards. We focus on the recent economics literature on two-sided markets, and discuss the antitrust and regulatory treatment of interchange fees, card surcharging, and other issues.

Rio 20 - An Analysis Of The Zero Draft And The Final Outcome Document "The Future We Want", Vicki-Ann Assevero, Sonali P. Chitre

Sonali P Chitre

Rio 20 the United Nations Conference on Sustainable Development (UNCSD) was held June 20-22, 2012 to allow world leaders as well as participants from governments, civil society, nongovernmental organizations (NGOs), and other groups to come together to draft a roadmap detailing how the world should promote sustainable development. The Final Outcome Document (FOD) of Rio 201 is more detailed and stronger than the initial Zero Draft. The Zero Draft of January 10, 2012 by the Secretariat was purposely general and left many areas to be filled in by specific country proposals. The FOD was finalized and agreed upon by 192 …

Summary Of The 2010 Amendments To Chapter 9 Of The Texas Uniform Commercial Code, Allen J. Dickey

Allen J Dickey

The American Law Institute and the Uniform Law Commission (ULC) approved certain amendments to Article 9 of the Uniform Commercial Code in 2010. The ULC Amendments were considered and approved, with some non-uniform changes, by Texas in 2011 with a July 1, 2013 effective date. The three most noteworthy ULC amendments impact: (i) the required name of an individual on a financing statement, (ii) the perfection of collateral following the debtor’s relocation to a new jurisdiction, and (iii) collateral acquired by a new debtor. This paper provides a summary of the three most noteworthy changes to Article 9 of the …