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Articles 1 - 30 of 34
Full-Text Articles in Law
Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos
A Mighty Wind: The Turbulent Times Of America's First Offshore Wind Farm And The Inverse Of Environmental Justice, M.W. Marinakos
Environmental and Earth Law Journal (EELJ)
In 2001, Cape Wind Associates announced its proposal to construct America’s first offshore wind farm in the federal waters of Nantucket Sound. This declaration touched off a storm of law suits, fund raising, and protests in the press that still rages to this day. Political pundits and environmental groups of every stripe have taken some surprising positions, based solely on the location of the renewable energy source. The Alliance to Protect Nantucket Sound, posing as an environmental concern, has risen as the archrival to the wind farm. Interestingly, a closer look under the surface of this group reveals a financial …
Environmental Justice On My Mind: Moving Georgia's Environmental Protection Division Toward The Consideration Of Enviornmental Justice In Permitting, David Deganian
Environmental and Earth Law Journal (EELJ)
Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and other industrial facilities are granted permits to pollute. Under the cooperative federalism framework that exists today, the federal government cannot directly compel states to consider environmental justice unless such action is required by federal law. Thus, federal guidance pertaining to environmental justice will do little to prevent the pattern of siting pollution …
The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin
The Village Of Kivalina Is Falling Into The Sea: Should Cercla Section 9626(B) Be Available To Move The Village From Harm's Way?, Robert J. Martin
Environmental and Earth Law Journal (EELJ)
The Village of Kivalina, and other similarly situated Native Alaska villages, are in danger of falling into the sea. Regional climate change is melting the permafrost that acts as the foundation of their communities. Sea ice that once acted as a barrier during storm season today melts earlier, and erosion rates are increasing. Kivalina’s situation is further worsened by the threat of contamination from a nearby open dump. Without permanent relocation, Kivalina and its residents face imminent harm.
Congress has given the President authority to permanently relocate an Indian tribe or Alaska Native village under CERCLA Section 9626(b). This article …
Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner
Faculty Scholarship
No abstract provided.
Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra
Achieving Reproductive Justice In The International Surrogacy Market, Seema Mohapatra
Faculty Scholarship
Men and women are increasingly seeking surrogacy arrangements outside of their home country, mainly due to legal restrictions or the high cost of surrogacy in their home countries. Global surrogacy raises numerous issues including the economic status of women involved in surrogacy arrangements, poverty, issues related to what motherhood means and how women from different ethnic, socioeconomic, class, and national backgrounds interact in the global surrogacy market. This essay analyzes whether reproductive justice exists in the current international surrogacy market. Reproductive justice refers to the normative concept that all women, regardless of their ethnic, racial, national, social, or economic backgrounds, …
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
The Logic Of Terrorism, F.E. Guerra-Pujol
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
Barry Law Review
No abstract provided.
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky
Barry Law Review
No abstract provided.
Humanitarian Intervention And Syria, Eric Engle
Humanitarian Intervention And Syria, Eric Engle
Barry Law Review
No abstract provided.
Gatekeepers Of Legal Information: Evaluating And Integrating Free Internet Legal Resources Into The Classroom, Jootaek Lee
Gatekeepers Of Legal Information: Evaluating And Integrating Free Internet Legal Resources Into The Classroom, Jootaek Lee
Barry Law Review
No abstract provided.
Is A Taking Something Lost Or Something Gained? Contrasting The Loss/Gain Focus Of Takings Cases In The United States And Australia, Duane L. Ostler
Is A Taking Something Lost Or Something Gained? Contrasting The Loss/Gain Focus Of Takings Cases In The United States And Australia, Duane L. Ostler
Barry Law Review
No abstract provided.
Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi
Berghuis V. Thompkins: Retreat From Miranda, Jacquline Grossi
Barry Law Review
No abstract provided.
Bridging The Digital Divide And Guiding The Millennial Generation's Research And Analysis, Kari Mercer Dalton
Bridging The Digital Divide And Guiding The Millennial Generation's Research And Analysis, Kari Mercer Dalton
Barry Law Review
No abstract provided.
The United States' Enhanced Impunity For Its International Obligations: The Continued Unlawful Treatment Of Captives And Detainees Following The Attack Of September 11, 2001, David Brennan
Barry Law Review
No abstract provided.
John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment, Mohammed Saif-Alden Wattad
John Hart Ely: An Influential Constitutional Scholar—Protecting "Flag Desecration" Under The First Amendment, Mohammed Saif-Alden Wattad
Barry Law Review
No abstract provided.
Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee
Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee
Barry Law Review
No abstract provided.
The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne
The Effect Of Franchisor Bankruptcy On Executory Supply Contracts: Does The Franchisee Have A Remedy?, Matthew J. Burne
Barry Law Review
No abstract provided.
Florida's Ucc Filing System: How A Design Overhaul Could Lead To More Certainty In Filing And Searching For Financing Statements, Patrick J. Burton
Florida's Ucc Filing System: How A Design Overhaul Could Lead To More Certainty In Filing And Searching For Financing Statements, Patrick J. Burton
Barry Law Review
No abstract provided.
Abusive Tax Practices: The 100-Year Onslaught On The Tax Code, Arthur Acevedo
Abusive Tax Practices: The 100-Year Onslaught On The Tax Code, Arthur Acevedo
Barry Law Review
No abstract provided.
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers
Taking Confrontation Seriously Does Crawford Mean That Confessions Must Be Crossexamined, Mark A. Summers
Faculty Scholarship
No abstract provided.
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), Susan Bendlin
Faculty Scholarship
Public officials can be more certain than ever before that qualified immunity will shield them from suits for money damages even if their actions violate the constitutional rights of another. In the October 2011 Term the Supreme Court granted qualified immunity to government officials in four significant cases and denied it to none. Troublesome aspects of the Supreme Court’s current approach include (1) the failure to clarify important Constitutional questions; and (2) the blurring of the distinction between absolute and qualified immunity for all practical purposes by assuring state officials that they can be certain of the shield from liability. …
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
Lotteries And Public Policy In American Law, Stephen J. Leacock
Lotteries And Public Policy In American Law, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra
Faculty Scholarship
Truth is often stranger than fiction, and nowhere is this more evident than when examining the real stories related to international commercial surrogacy that have occurred in the last few years. This Article utilizes these recent cases to analyze this industry using a bioethical lens. Bioethicists use stories effectively to demonstrate how theory and normative ideals apply to real world situations. By detailing examples of some of the unique scenarios that have arisen in far-flung cities of India, the United States, and the Ukraine, this Article highlights some of the bioethical dilemmas such stories raise. This Article examines these stories …