Law Commons^™

Personal Environmental Information: The Promise And Perils Of The Emerging Capacity To Identify Individual Environmental Harms, Katrina Fischer Kuh

Vanderbilt Law Review

A variety of modern technologies reveal individual behaviors that have environmental consequences with increasing clarity. Smart meters and related technologies detect detailed information about when and how individuals use electricity within the home. Radio frequency identification ("RFID") chips embedded in recycling collection bins track household recycling behaviors, including everything from whether the household is recycling to whether its members properly separate their recyclables. Regulators use aerial imagery and geographic information systems ("GIS") technology to detect violations of local building codes and the illegal filling of wetlands. Interactive "ecomaps" allow city residents to compare environmental performance by zip code. Even information …

Encountering Attica: Documentary Filmmaking As Pedagological Tool, Teresa A. Miller

Journal of Legal Education

No abstract provided.

Picturing Takings, Lee Anne Fennell

Articles

Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task offinding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner

Missouri Law Review

This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on …

The Hidden Help : Black Domestic Workers In The Civil Rights Movement., Trena Easley Armstrong

Electronic Theses and Dissertations

During the 1960's, nearly ninety percent of black women in the South worked as domestic servants. While much has been written depicting the dehumanizing and exploitative conditions in which they lived, their contributions to human rights garnered from their subtle acts of resistance and specifically, their involvement in the Civil Rights Movement, has either been undocumented or documented quite minimally. Despite their historical roles and socioeconomic disadvantages, their reach for human agency was beneficial to society. This thesis examines their labor as domestic workers and their participation in the Civil Rights Movement using the qualitative research method of interviews and …

Table Of Contents - Issue 4

Missouri Law Review

Table of Contents - Issue 4

Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber

Missouri Law Review

This Summary examines the current federal sentencing regime, the establishment of fast-track programs, and the resulting circuit split regarding whether a judge can grant a defendant a more lenient sentence based on the lack of availability of a fast-track option in that jurisdiction. Further, it discusses more recent developments regarding the circuit split and how the new DOJ policy purports to resolve the issue. Finally, this Summary argues that while this change does solve the sentencing disparity problem, it conflicts with the congressional policy underlying the official sanction of fast-track programs.

Collegiality And Individual Dignity, Tobias Barrington Wolff

Fordham Law Review

No abstract provided.

Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen

Fordham Law Review

    Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment.

    This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …

Ferc Order 1000 As A New Tool For Promoting Energy Efficiency And Demand Response, Shelley Welton, Michael Gerrard

Faculty Publications

In July 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000, the latest in a series of orders directed at improving federal transmission access, planning, and coordination. Order 1000 requires, for the first time, that electricity transmission providers engage in regionwide transmission planning, and further mandates that such planning consider how federal and state public policies affect transmission needs. Public utility transmission providers are now in the process of amending their operating tariffs to comply with this new order. It is therefore an important time for all those with an interest in the future of the electric grid …

The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In April of this year the US State Department released a new version of its model bilateral investment treaty (BIT). This text, like the various models the US has used over roughly the past 3 decades, represents the US’s basic policy position when it starts negotiations on investment treaties with other countries, and is therefore an important benchmark for the outcome US investors might hope for as a result of ongoing and potential future talks with countries such as China, Russia, and India. Overall, this new model text follows the approach taken by the US in its investment treaties over …

Reasonable Men?, Ann C. Mcginley

Scholarly Works

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, however, continue to use the reasonable woman or reasonable victim standards.

Most of the scholarship concerning …

Administrative Law, John Paul Jones, Afsana Chowdhury

University of Richmond Law Review

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne

University of Richmond Law Review

No abstract provided.

A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall

University of Richmond Law Review

No abstract provided.

Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Center For Terrorism Law: Monthly Activity Report, 2012-11, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

Executives Should Think Twice Before Accepting Pleas 'Related To Fraud': The Expansion Of Exclusion Under The Park Doctrine, Abraham Gitterman

Student Articles and Papers

No abstract provided.

Enriching The Vocabulary Of Law: New Legal Subject Headings, Suzanne R. Graham, George Prager

Articles, Chapters and Online Publications

No abstract provided.

Inside-Out As Law School Pedagogy, Giovanna Shay

Journal of Legal Education

No abstract provided.

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.

Teaching Prison Law, Sharon Dolovich

Journal of Legal Education

No abstract provided.

The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar

Senior Honors Theses

The history of the Cherokee people with the advent of white settlers in North America is a sad one. Long before Christopher Columbus set foot in the ‘new world’ the Cherokee people were free to live and conduct their relations with each other and with other tribes as they saw fit. With the emergence of foreign hegemony over Native soil followed the suppression and eventual removal of the Cherokee people from their homeland where they had resided for hundreds of years to a reserved area where they would be out of the way of white progression. This thesis proposes to …

The Tipping Point Of Federalism, Amy L. Stein

UF Law Faculty Publications

As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility. No state relies solely on its own resources in this respect.” And yet, the resources used to generate this electricity (e.g., coal, natural gas, or renewables) are determined largely by state and local authorities through their exclusive authority to determine whether to approve construction of a new electricity generation facility. As the nation finds itself faced with important decisions that directly implicate the …

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …

Cause Lawyers Inside The State, Douglas Nejaime

Fordham Law Review

No abstract provided.

Beyond Caselaw: Finding Judicial, Statistical And Administrative Information From The Courts, Jan B. Bissett, Margi Heinen

Library Scholarly Publications

No abstract provided.

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …

Issue 1: Annual Survey 2012 Table Of Contents

University of Richmond Law Review

No abstract provided.

In Memoriam: Anne Louise Hasselback, Ann Hodges, Kym Osterbind

University of Richmond Law Review

No abstract provided.